Term
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Definition
| Land and all things that are permanently attached to it. |
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Term
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Definition
| Tangible and intangile items that are not real property. |
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Term
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Definition
| Land, including soil and water, buildings, trees, crops, improvements, and the rights to the air above, and the minerals below, the land. |
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Term
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Definition
| An addition to real estate that ordinarily enhances its value. |
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Term
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Definition
| Personal property, moveable or immoveable, that is not considered real property. |
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Term
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Definition
| An article that was once a chattel but that has become a part of the real property because the article is permanently attached to the soil or to something attached to the soil. |
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Term
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Definition
| Personal property that has physical substance and can be held or touched. Examples include furniture, equipment, and inventories of goods. |
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Term
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Definition
| Personal property that cannot be held or touched. Examples include patent rights, copyrights and concept rights. |
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Term
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Definition
| The sum total of all legally recognized rights to the possession and ownership of property. |
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Term
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Definition
| A written document for the transfer of land or other real property from one person to another. |
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Term
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Definition
| A deed that provides that the person granting the deed agrees to defend the title from the claims of others. In general, the seller is representing that he or she fully owns the proerty and will stand behiind this promise. |
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Term
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Definition
| A deed that conveys only such rights as the grantor has. This type of deed transfers the owner's interest to a buyer, but does not guarantee that there are no other claims gainst the property or that the property is indeed legally owned by the seller. |
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Term
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Definition
| A review of land records to determine the ownership and description of a piece of real property. |
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Term
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Definition
| A document under which personal property is transferred from a seller to a buyer. |
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Term
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Definition
| A promise about a product made by either a manufacturer or a seller that is a part of the sales contract. |
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Term
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Definition
| An underwritten expectation that a product purchased is free from defects. |
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Term
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Definition
| A claim against property that gives the creditor (lien holder) the right to repossess and/or sell that property if the debtor does not repay his or her debt in a timely manner. |
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Term
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Definition
| Property that is pledged to secure the repayment of a debt. |
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Term
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Definition
| To make a public record of a lien, or to take possession of the collateral. |
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Term
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Definition
| The pledging of real property by a debtor to a creditor to secure payment of a debt. |
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Term
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Definition
| Used in some states instead of a mortgage. A Deed of Trust places legal title to a real property in the hands of a trustee until the debtor has completed paying for the property. |
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Term
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Definition
| A legal ownership right to property. |
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Term
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Definition
| A contract between a lender and borrower that states that the lender can repossess the personal property a person has offered as collateral if the loan is not paid as agreed. |
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Term
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Definition
| A formal notice of a lien being held on personal property, required under the Uniform Commercial Code in most cases. Also called a UCC-1 because of its form number in the UCC. |
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Term
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Definition
| A contract that establishes the rights and obligations of each party with respect to property owned by one entity but occupied or used by another. |
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Term
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Definition
| The entity that owns the property covered in a lease |
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Term
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Definition
| The entity that occupies or uses the property covered in a lease. |
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Term
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Definition
| The lessor in a real property lease. |
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Term
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Definition
| The lessee in a real proerty lease. |
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Term
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Definition
| To rent property one possesses by a lease, to another. Also called subleasing. |
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Term
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Definition
| The procedure that a lessor uses to remove a lessee from physical possession of leased real property, usually for violation of a significant lease provision, such as nonpayment of rent. |
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Term
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Definition
| The purchase or upgrade of real or personal property that results in an increased depreciable asset base. |
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Term
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Definition
| The decrease in value of a piece of property due to age and/or wear or tear |
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Term
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Definition
| A lease that applies to business property. |
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Term
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Definition
| Personal property that has been created through the intellectual efforts of its original owner. |
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Term
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Definition
| A word, name, symbol, or combination of these that indicates the source or producer of an item. Sometimes called a mark. |
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Term
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Definition
| A grant issued by a government entity ensuring an inventor the right to exclusive production and sale of his or her invention for a fixed period of time. |
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Term
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Definition
| The legal and exclusive right to copy or reproduce intellectual property. |
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Term
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Definition
| A person or entity that legally holds a right to intellectual property under the copyright laws. |
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Term
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Definition
| A distinct visual image created for and identified with a specific product. |
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Term
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Definition
| Property that is owned by all citizens, not an individual. |
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Term
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Definition
| A written, itemized listing of a specific job's basic responsibilities and reporting relationships. |
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Term
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Definition
| The knowledge or skill(s) required to perform the responsibilities and tasks listed in a job description. |
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Term
| Bona Fide Occupational Qualification |
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Definition
| A job qualification, established in good faith and fairness, that is necessary to safely or adequately perform the job. |
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Term
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Definition
| Failure on the part of an employer to exercise reasonable care in the selection of employees. |
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Term
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Definition
| False statements that cause someone to be held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation. |
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Term
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Definition
| Commercial trading or the transportation of persons or property between or among states. |
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Term
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Definition
| A federally mandated requirement that employers who meet certain criteria must actively seek to fairly employ recognized classes of workers. (Some state and local legislatures have also enacted affirmative action requirements.) |
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Term
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Definition
| An individual or entity that pays wages or a salary in exchange for a worker's services. |
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Term
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Definition
| An individual who is hired to provide services to an employer in exchange for wages or a salary. |
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Term
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Definition
| An employment relationship whereby employers have a right to hire any employee, whenever they choose, and to dismiss an employee for or without cause, at any time; the employee also has the right to work for the employer or not, or to terminate the relationship at any time. |
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Term
| Collective Bargaining Agreement (CBA) |
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Definition
| A formal contract between an employer and a group of employees that establishes the rights and responsibilities of both parties in their employment relationship. |
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Term
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Definition
| The terms of the employment relationship between an employer and employee that specifies the rights and obligations of each party to the agreement. |
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Term
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Definition
| A document written to detail the policies, benefits, and employment practices of an employer. |
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Term
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Definition
| Latin term for "giving one thing in return or exchange for another." |
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Term
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Definition
| A party's responsibility for the acts of another that result in an injury, harm, or damage. |
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Term
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Definition
| The least amount of wages that an employee covered by the FLSA or state law may be paid by his or her employer. |
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Term
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Definition
| A gratuity given in exchange for a service performed. Literally an acronym for "to improve service." |
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Term
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Definition
| The amount an employer is allowed to consider as a supplement to employer-paid wages in meeting the requirements of applicable minimum wage laws. |
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Term
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Definition
| An amount added to a guest's bill in exchange for services provided. |
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Term
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Definition
| An arrangement whereby service providers share their tips with each other on a predetermined basis. |
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Term
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Definition
| A review of an employee's performance, including strengths and shortcomings; typically completed by the employee's direct supervisor. |
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Term
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Definition
| A violation, by the employer, of the employment relationship resulting in the unlawful firing of the employee. |
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Term
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Definition
| An employee development process that provides increasingly severe consequences for continued violation of workplace rules. |
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Term
| Whistle-blowers Protection Acts |
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Definition
| Laws that protect employees who have reported illegal employer acts from retaliation by that employer. |
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Term
| In-house Dispute Resolution |
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Definition
| A program, funded by employers, that encourages the equitablee settlement of an employee's claim of unfair employment, prior to or without resorting to litigation. |
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Term
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Definition
| A company official appointed to investigate and resolve worker complaints. |
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Term
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Definition
| A program, funded by employers, that provides temporary monetary benefits for employees who have lost their jobs. |
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Term
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Definition
| A petition, submitted by an unemployed worker to his or her state unemployment agency, which asserts that the worker is eligible to receive unemployment benefits. |
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Term
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Definition
| A legal obligation that requires a particular standard of conduct. |
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Term
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Definition
| The industry-recognized, reasonably accepted level of performance used in fulfilling duty of care. |
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Term
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Definition
| The degree of care that a reasonably prudent person would use in a similar situation. |
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Term
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Definition
| An act or dailure to act (not involving a breach of contract) that results in injury, loss, or damage to another (e.g., negligence is an unintentional tort, whereas battery, physically touching someone, is usually an intentional tort). |
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Term
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Definition
| The failure to use reasonable care. |
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Term
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Definition
| The event or activity that directly contributes to (causes) the injury or harm. |
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Term
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Definition
| The reckless or willful failure of an individual or an organization to use even the slightest amount of reasonable care. |
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Term
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Definition
| Negligent conduct by the complaining party (plaintiff) that contributes to the cause of his or her injuries. |
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Term
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Definition
| Shared responsibility for the harm that results from negligence. The comparison of negligence by the defendant with the contributory negligence of the plaintiff. Also known as comparative fault. |
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Term
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Definition
| Responsibility arising from the nature of dangerous activity rather than negligence or an intentional act. Alsoknown as absolute liability or liabillity without fault. |
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Term
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Definition
| A willful action undertaken with or without full understanding of its consequences. |
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Term
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Definition
| When a rule of law is violated by the operator; such violation of a rule of law is considered to be so far outside the scope of reasonable behavior that the violator is assumed to be negligent. |
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Term
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Definition
| Monetary amount awarded to restore the injured party to the position he or she was in prior to the injury (e.g., medical expenses, lost wages, etc.). Also referred to as actual damages. |
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Term
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Definition
| A monetary amount used as punishment and to deter the same wrongful act in the future by the defendant and others. |
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Term
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Definition
| Damage or harm inflicted upon the body, mind, or emotions. |
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Term
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Definition
| Official notification, typically delivered to a defendant via registered or certified mail that details the plaintiff's cause for impending litigation. |
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Term
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Definition
| A method of paying for a civil attorney's services where the attorney receives a percentage of any money awarded as a settlement in the case. Typically, these fees range from 200 to 40 percent of the total amount awarded. |
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Term
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Definition
| Questions that require written answers, given under oath, asked during the discovery phasw of a lawsuit. |
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Term
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Definition
| Oral answers, given under oath, to questions asked during the discovery phase of a lawsuit. Depositions are recorded by a certified court reporter and/or by videotape. |
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Term
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Definition
| A court-authorized order to appear in person at a designated time and place, or to produce evidence demanded by the court. |
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Term
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Definition
| A written request to a higher court to modify or reverse the decision of a lower level court. |
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Term
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Definition
| A customer who lawfully utilizes a facility's food, beverage, loddging or entertainment services. |
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Term
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Definition
| A customer who rents real property for a relatively short period of time, e.g., small number of days with no intent of establishing a permanent residency). |
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Term
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Definition
| Anyone, including a corporation, who rents real property for an extended period of time with the intent of establishing a permanent occupation or residency. |
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Term
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Definition
| A facility that provides entertainment, rooms, space, or seating for the use and benefit of the general public. |
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Term
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Definition
| To separate a group or individual on any basis but especially by race, color, religion or national origin. |
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Term
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Definition
| An individual who is on a property at the expressed or implied consent of the owner. |
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Term
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Definition
| Removal of a tenant from rental property by a law enforcement officer. An eviction is the result of a landlord filing and winning a special lawsuit known as an "unlawful detainer." |
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Term
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Definition
| A court designed especially to hear lawsuits entailing relatively small sums of money. They can provide a speedy method of making a claim without the necessity of hiring a lawyer and engaging in a formal trial. |
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Term
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Definition
| A guest who refuses to vacate his or her room when he or she has exceeded the number of nights originally agreed to at check-in. |
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Term
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Definition
| The delivery of an item of property, for some purpose, with the expressed or implied understanding that the person receiving it shall return it in the same or similar condition in which it was received, when the purpose has been completed. Examples include coat checks, valet parking, safety deposit boxes, laundry, luggage storage, and delivery. |
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Term
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Definition
| A person or entity that gives property to another in a bailment arrangement. |
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Term
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Definition
| A person or entity that receives and holds property in a bailment arrangement. |
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Term
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Definition
| One in which there is no payment (consideration) in exchange for the promise to hold the property. |
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Term
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Definition
| A Latin term meaning "within the hotel." |
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Term
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Definition
| Personal property held by a bailee until lawful payment is made by the bailor. |
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Term
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Definition
| Personal property that has been put aside on purpose but then has been forgotten by the rightful owner. |
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Term
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Definition
| Personal property that has been inadvertently put aside, then forgotten by the rightful owner. |
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Term
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Definition
| Personal property that has been deliberately put aside by the rightful owner with no intention of ever returning to it. |
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Term
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Definition
| Suitable for buying and selling. |
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Term
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Definition
| Sickness or harm caused by the consumption of unsafe foods or beverages. |
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Term
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Definition
| The collective name given to various laws and regulations that have been implemented to ensure accuracy in the wording on menus. |
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Term
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Definition
| A substance that lowers the rate of vital body activities. |
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Term
| Blood Alcohol Concentration (BAC) |
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Definition
| A measurement, expressed in a percentage, of the concentration level of alcohol in the bloodstream. Also known as blood alcohol content or blood alcohol level, or BAL. |
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Term
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Definition
| A condition in which an individual's BAC reaches legally established levels. These levels are not uniform across the United States. An intoxicated person may not sell or purchase alcohol, nor operate a motor vehicle. |
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Term
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Definition
| A permit used by a state that allows for the sale and/or service of alcoholic beverages. The entity holding the license is known as the licensee. |
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Term
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Definition
| The two areas of liability theory that a hospitality manager should be aware of focus on the duties of a host who holds a party where alcohol is served, and that of an establishment licensed to sell alcohol. |
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Term
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Definition
| A name given to a variety of state laws establishing a liquor licensee's third party liability. |
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