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Ownership by two or more persons who have equal rights in the use of that property. when a joint tenant dies, the person share passes to the other joint tenant |
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| a special type of joint tenancy applicable only to marrie couples |
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| aka antenuptial agreement; a document that prespective spuses sign prior to marriage regarding financial and other arrangement should the marriage end |
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| a deed in which the seller promises clear title to the property |
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| a deed in which the grantor gives up any claims to the property without making any assertions about there being a clear title |
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| the document used to express a persons wishes as to how his or her property should be distributed upon death |
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| holographic will a will that was handwritten by the testator, without the witnesses signatures necessary for a formal will; an informal will |
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a document expressing a persons wishes regarding the withholding or withdrawal of life-support equipment and other heroic measure to sustain life it the individual has an incurable or irreversible condition that caused death |
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| the owner of the personal property that is being temporarily transferred as part of a bailment |
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| a temporary transfer of personal property to someone other than the owner for a specified purpose |
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| once actual cause is found, as a policy matter, the court must also find that there act and the resulting harm were so foreseeably related as to justify a finding of liability |
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| a meanign of gaining appelate review; in this a convicted criminal petitions the supreme court justices and only four of the nine have to agree to hear the case for the federal supreme court |
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| a contract that is invalid even if it is not repudiated by either party; for example, a contract formed for an illegal purpose |
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| a contract that can be disaffirmed by one of the parties |
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| a partnership created by the words or actions of persons acting as though they were a partnership |
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| a valid contract that cannot be enforced, for example because the statute of limitation has passed |
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| a false representation of facts or intentional perversion of the truth to induce someone to take some action or give up something of value |
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| a person who initiates the lawsuit |
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| the paper that begin a lawsuit generally, the complaint and the answer |
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| an intentional act that creates a resonable apprehension of an immediat harmful or offensive physical contact |
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| a defense whereby the defendant offers new evidence to avoid judgement |
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| money awarded to a plaintiff in payments for his or her actual losses |
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| a law that prohibits lawsuits for such things as breach of promise of marriage, alienation of affection, a seduction of a person over the legal age of consent |
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| limited liability partnership |
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| a form of business ownership similar to a general partnership except the partners do not have unlimited personal liablility for the wrongful acts of other partners |
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| liability for negligently causing a childs birth |
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| the way in which criminal prosecutions are handled; governed by the federal or state rules of criminal procedure |
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| a contract where a promise is exchanged for a promise |
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| bona fide occupational qualification |
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| a defense to an over discrimination claim, alleging that the qualification is necessary to the essence of the business operation |
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| the publication of false statements that harm a persons reputation |
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| the intentional false portrayal of someone in a wat that wouldbe offensive to a reasonable person |
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| a business owned by a single owner |
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| a legal document that formally conveys title to the propert to the new owner |
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| beyond a reasonable doubt |
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| the standard of proof in a criminal trial. the proof must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the jurors mind |
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| a claim by the defendant against the plaintiff |
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| a legal judgement that dissolves a marriage |
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| a legal or religious judgement that a valid marriage never existed |
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| annotated codes/ statutes |
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| private publication that include not only the statutes arranged by subject matter but also editorial material, such as legislative history and summaries of court decisions that have interpreted the statutes |
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| a term used to describe a case that is similar to another case |
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| a criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enter a plea |
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| an ADR mechanism where by ther parties submit teir disagreements to a third party whose decision is binding |
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| a private attorney that is paid by the state on a contractual basis to represent an indigent client |
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| lying to the court uner OATH |
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| the trial court in the federal system |
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| a person appointed by the testator to carry out the direction and request in his or her will |
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| a serious crime, usually carrying a prison sentence of one or more years |
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| a defense requiring proof that the defendant would not have commited the crime but for police trickery |
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| a system developed to shield an attorney or paralegal from a case that overwise would create a conflict of interest |
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| when one party is in a position of trust and misuses that trust to influence the action of another |
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| those activities that have an inherent risk of injury and therefore may result in strict liability |
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| originally drafted by the national conferance of commissioners on uniform state law; it governs commercial transactions and has been adopted by all states entirely or inpart |
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| a method for organizing legal writing: issue, rule, analysis, and conclusion |
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| a court order requiring a party to perform a specific act or to cease do a specific act |
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| implied warranty of fitness |
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| an implied promise that the good being sold will satisfy a special purpose |
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| the background document created during the process of a bill becoming a statute. these documents can include alternative verson of the legislation, proceeding of committee hearings, etc.. |
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| making a defamatory remark either knowing the material was false or acting with a "reckless disregard" for whether or not it was true |
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| the designated parent or guardian who has authority to make legal decisions for the child relating to matters as health care and education |
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| a court opinion that establishes new law in important area |
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| personal property that cannot be touched |
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| a decision is overruled when a court in a later case changes the law so that its prior decisions is no longer good law |
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| the person making a will to direct how his or her assets will be distributed at death |
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| a claim by a defendant against someone in addition to the persons the plaintiff has already sued |
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| a notarized affidavet, signed by the attesting witness, that may eliminate the need to call witnesses during the probate process to attest to the validity of the will |
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| a situatio in which the person in possesion of the land has no legal right to be there. |
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| one or more prior court decisions |
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| the theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonable |
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| when referance to two or more reporteer is required, each citation is known as a parallel citation |
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| a method of dividing an intestate estate where by a person take in place of the dead ancestor |
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| piercing the corporate veil |
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| when a court set aside the unlimited liability protection normally given to corporate shareholders |
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| a defense that reduces a crime to a lesser including offense |
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| court decision from an equal or lower court from the same jurisdiction or from a higher court in a different jurisdiction. also included secondary authority |
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| mandatory/binding authority |
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| court decision from a higher court in the same jurisdiction |
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| the party taking temporary control of personal property during a bailment |
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| a promise not to compete within a given geographical(area for a specific time period) |
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| a gift of personal property in a will |
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| monetary compensation, including compensatory, punitive, and nominal damages |
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