Term
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Definition
| One who voluntarily joins another in committing a crime. Has the same degree of liability as the one who commits the crime. (PRINCIPAL IN THE SECOND DEGREE) |
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Term
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Definition
| Misusing the criminal or civil court process. |
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Term
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Definition
| Rules and regulations created by administrative agencies. |
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Term
| ADR (Alternative Dispute Resolution) |
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Definition
Techniques for resolving conflicts that are alternatives to full-scale litigation.
2 most common: arbitration and mediation |
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Term
| Administrator/Administratrix |
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Definition
| A person appointed by the court to carry out the directions and requests of someone's will. |
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Term
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Definition
| A transfer of real property rights that occurs after someone other than the owner has had actual, open, adverse, and exclusive use of the property for a statutorily determined number of years. |
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Term
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Definition
| A decision is affirmed when the litigants appeal the trail court decision and the higher court agrees with what the lower court has done. |
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Term
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Definition
| Someone who has the power to act in the place of another. |
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Term
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Definition
| A defense requiring proof that the defendant could not have been at the scene of the crime. |
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Term
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Definition
Financial support and other forms of assistance required to supply the "necessutues" of life
(maintenance or support) |
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Term
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Definition
| To find similarities between two situations. |
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Term
| Attorney- Client Privilege |
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Definition
| A rule of evidence that prevents an attorney or a paralegal from being compelled to testify about confidential client information. |
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Term
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Definition
| Voluntarily and knowingly subjecting oneself to danger. |
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Term
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Definition
| This is measured by the "but for" standard: But for the defendant's action the plaintiff would not have been injured. |
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Term
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Definition
| To determine that a criminal defendant is not guilty of the crime with which he or she is charged. |
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Term
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Definition
A contract formed where the weaker party has no realistic bargaining power.
"take it or leave it" basis. |
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Term
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Definition
| A contract where a promise is exchanged for a promise. |
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Term
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Definition
| An intentional act that creates a harmful or offensive physical contact. Can form the basis for either a tort or a criminal action. |
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Term
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Definition
| A trial conducted before a judge without a jury. |
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Term
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Definition
A gift of personal property by will.
(legacy) |
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Term
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Definition
| The standard of proof used in criminal trials. The proof must be so conclusive and complete that all reasonable doubts regarding the facts are removed from the juror's minds. |
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Term
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Definition
| The first ten amendments of the U.S. Constitution. |
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Term
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Definition
| A claim that based on the law and the facts is sufficient to support a lawsuit. If the plaintiff does not state a valid cause of action in the complaint, the court will dismiss it. |
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Term
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Definition
| A crime for which the death sentence can be imposed. |
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Term
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Definition
| Law created by the courts. |
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Term
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Definition
| A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of the compensation for the injuries. |
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Term
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Definition
| Money awarded to a plaintiff in payment for his or her actual losses. |
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Term
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Definition
| A marriage that has not been solemnized but in which the parties have mutually agreed to enter into a relationship which they accept all the duties and responsibilities that correspond to those of marriage. |
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Term
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Definition
| An act by a landlord that makes the premises unfit or unsuitable for occupancy. |
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Term
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Definition
| The ethical rule prohibiting attorneys and paralegals from disclosing information regarding a client or a client's case. |
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Term
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Definition
| The current owner of the land retains ownership only as long as certain conditions are met. |
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Term
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Definition
| The pleading that begins a lawsuit. |
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Term
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Definition
| A promise not to compete within a given geographical area for a specific time period. |
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Term
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Definition
| A counter demand by defendant against the plaintiff. A compulsory counterclaim relates to the facts alleged in the complaint. A permissive counterclaim can relate to an entirely different factual setting. |
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Term
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Definition
| A form of logical reasoning based on a major premise, a minor premise, and a conclusion. |
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Term
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Definition
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Term
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Definition
| Monetary compensation, including compensatory, punitive, and nominal damages. |
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Term
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Definition
| A constitutional protection against being tried twice for the same crime |
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Term
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Definition
| An opinion that disagrees with the majority's decision and reasoning |
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Term
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Definition
| The legal theory applied when a rejected applicant claims the reason for rejection was based on a discriminatory intent but the employer alleges a nondiscriminatory reason. |
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Term
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Definition
| The legal theory applied when the use of a neutral standard has a disproportionate impact on one protected group. |
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Term
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Definition
| A statement in a judicial opinion not necessary for the decision of the case. |
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Term
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Definition
| A gift of real estate that is given to someone through a will. |
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Term
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Definition
In a lawsuit, the person who is sued
in a criminal case, the person who is charged with a case. |
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Term
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Definition
| The power of government to take private property for public purposes. |
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Term
| Fee Simple Absolute Estate |
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Definition
| An ownership of land that is free form any conditions or restrictions. |
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Term
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Definition
| warranty or promise can be created by an affirmation of fact or a promise made by the seller, a description of the goods being sold or a sample or model provided. |
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Term
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Definition
| A minor crime not amounting to a felony usually punishable by a fine or a jail sentence of less than a year. |
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Term
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Definition
| A contract which is not expressly stated but, given the actions of the parties, it is clear that on should have existed. |
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Term
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Definition
| The publication of false statements that harm a person's reputation. |
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Term
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Definition
| An act done unlawfully and with force |
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Term
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Definition
| A contract requiring certain formalities, such as a seal, to be valid. |
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Term
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Definition
| Someone who gives value in good faith (subjective) and without notice that the instrument is overdue or has been dishonored or has any claims against it or defenses to it (objective) |
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Term
| Implied Warranty of Fitness |
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Definition
| A promise that the goods being sold will satisfy for a special purpose |
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Term
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Definition
| Personal property that cannot be touched. |
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Term
| Intentional Infliction of Emotional Distress/ Outrage |
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Definition
| Tort that occurs through an extreme and outrageous act that causes severe emotional distress. |
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Term
| Implied Warranty of Merchantability |
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Definition
| implied promise that the goods being sold will be usable for the purpose for which they were sold. |
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Term
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Definition
| A trust created before a person's death. |
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Term
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Definition
| A trust that is created by a will and does not become effective until after the testator's death. |
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Term
| Joint and Several Liability |
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Definition
| Liability shared collectively and individually. |
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Term
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Definition
| The designated parent or guardian who has authority to make legal decisions for the child relating to such matters as health care and education. |
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Term
Limited Liability Partnership
(LLP) |
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Definition
| A form of business ownership similar to a general partnership except the partners do not have unlimited personal liability for the wrongful acts of other partners. Unlike a limited liability company, however, the partners remain personally liable for other business for other business debts, such as rent and utilities. |
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Term
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Definition
A document expressing a person's wishes regarding the withholding or withdrawal of life-support equipment and other heroic measures to sustain life if the individual has an incurable or irreversible condition that will cause death.
medical directive |
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Term
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Definition
| A court opinion that establishes new law in an important area. |
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Term
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Definition
| The background documents created during the process of a bill becoming a statute. These documents can include alternative versions of the legislation, proceedings of committee hearings, committee reports, and transcripts of floor debates. |
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Term
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Definition
| 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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Term
| Mandatory / Binding Authority |
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Definition
| Court decisions from a higher court in the same jurisdiction. |
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Term
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Definition
| The theory holding manufacturers and sellers liable for defective products when the defects make the products unreasonably dangerous. |
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Term
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Definition
A method of dividing an interstate estate whereby a person takes in place of the dead ancestor.
Right of representation |
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Term
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Definition
| A defense that reduces a crime to a lesser included offense. |
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Term
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Definition
| Court decisions from an equal or a lower court from the same jurisdiction or from a higher court in a different jurisdiction. Also includes secondary authority. |
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Term
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Definition
| One or more prior court decisions. |
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Term
| Piercing the corporate veil |
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Definition
| When a court sets aside the unlimited liability protection normally given to corporate shareholders. |
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Term
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Definition
| When reference to two or more reporters is required. |
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Term
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Definition
| A defense in which you are found not guilty in a crime; only in a criminal trial. |
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Term
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Definition
A document that prospective spouses sign prior to marriage regarding financial and other arrangements should the marriage end.
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Term
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Definition
| An agreement entered into by two people who intend to marry each other, which sets forth the rights of each person in the property of the other in the event of divorce or death. Generally, the entering into marriage constitutes sufficient consideration to make a prenuptial agreement enforceable. |
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Term
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Definition
| A notarized affidavit, signed by the attesting witnesses, that may eliminate the need to call witnesses, that may eliminate the need to call witnesses during the probate process to attest to the validity of the will |
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Term
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Definition
| A situation in which the person in possession of the land has no legal right to be there. |
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Term
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Definition
| Originally drafted by the National Conference of Commissioners on Uniform State Law, it governs commercial transactions and has been adopted by all states entirely or in part. |
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Term
| Ultra-hazardous Activities |
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Definition
| Those activities that have an inherent risk of injury and therefore may result in strict liability. |
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Term
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Definition
| A system developed to shield an attorney or a paralegal from a case that otherwise would create a conflict of interest. |
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Term
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Definition
| A defense requiring proof that the defendant would not have committed the crime but for police trickery. |
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Term
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Definition
| A person appointed by the testator to carry out the directions and requests in his or her will |
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Term
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Definition
| A serious crime, usually carrying a prison sentence of one or more years. |
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Term
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Definition
| The trial courts in the federal system. |
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Term
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Definition
| 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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Term
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Definition
A will that was hand written by the testator, without the witness signatures necessary for a formal will.
Informal will |
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Term
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Definition
| A court order requiring a party to perform a specific act or to cease doing a specific act |
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Term
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Definition
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Term
| Irresistible impulse test |
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Definition
| A test that provides that the defendant is not guilty due to insanity if, at the time of the killing, the defendant could not control his or her actions. |
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Term
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Definition
| A method for organizing legal writings: issue, rule, analysis, and conclusion. |
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Term
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Definition
| Ownership by two or more persons who have equal rights in the use of that property; when one dies that person's share passes to the other joint tenant. |
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Term
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Definition
| The power of a court to hear a case. |
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Term
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Definition
| When the defendant does not have sufficient money or other assets to pay the judgement. |
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Term
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Definition
| The person with right of possession during the term of the lease. |
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Term
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Definition
| The doctrine that states that despite the plaintiff's contributory negligence, the defendant should still be liable if the defendant was the last one in position to avoid the accident. |
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Term
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Definition
| A request that the court find the plaintiff has failed to state a valid claim and dismiss the complaint. |
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Term
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Definition
| When one party is in a position of trust and misuses that trust to influence the actions of another. |
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Term
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Definition
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Term
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Definition
A crime whose elements are contained within a more serious crime.
Theft |
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Term
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Definition
| The owner of the property being leased. |
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Term
| Limited Liability Coorporation |
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Definition
| A new form of business ownership that gives small businesses the advantage of liability limited to the amount of the owner's investment along with single taxation. |
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Term
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Definition
| The loss by one spouse of the other spouse's companionship, services, or affection. |
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Term
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Definition
| A test that provides that the defendant is not guilty due to insanity if, at the time of the killing the defendant suffered from a defect or disease of the mind and could not understand whether the act was right or wrong. |
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Term
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Definition
| A lawsuit that can be brought against someone who unsuccessfully and maliciously brought an action without probable cause. |
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Term
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Definition
| An ADR mechanism whereby a neutral third party assists the parties in reaching a mutually agreeable, voluntary compromise. |
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Term
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Definition
| The requirement that the acceptance exactly mirror the offer or the acceptance will be viewed as a counteroffer. |
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Term
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Definition
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Term
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Definition
| The failure to act reasonably under the circumstances. |
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Term
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Definition
| A term used to describe a case that is similar to another case. |
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Term
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Definition
| A partnership created by the words or actions of persons acting as though they were a partnership. |
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Term
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Definition
| Money awarded to a plaintiff in cases of intentional torts in order to punish the defendant and serve as a warning to others. |
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Term
| Preponderance of the Evidence |
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Definition
| The standard of proof used in civil trails. The proof must indicate that it is more likely than not that the defendant committed the wrong. |
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Term
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Definition
| The papers that begin a lawsuit--generally, the complaint and the answer. |
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Term
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Definition
| A person who initiates a lawsuit. |
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Term
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Definition
| Lying to the court while under oath. |
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Term
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Definition
| The tort theory that an employer can be sued for the negligent acts of its employees. |
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Term
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Definition
the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent.
"The thing speaks for itself" |
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Term
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Definition
| The transfer of a case from state court to federal court. |
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Term
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Definition
| When an appellate court sends a case back to the trail court for a new trail or other actions. |
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Term
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Definition
| A decision is reversed when an appellate court overturns or negates the decision of a lower court. |
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Term
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Definition
The party in a lawsuit against whom an appeal has been filed.
respondent |
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Term
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Definition
The party to a lawsuit who has intiated an appeal: appeals the decision to a higher court.
petitioner |
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Term
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Definition
| The law that sets the length of time from when something happens to when a lawsuit must be filed before the right to bring it is lost. |
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Term
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Definition
| A statutory requirement that in order to be enforceable certain contracts must be in writing. |
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Term
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Definition
| A person who commits a tort. |
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Term
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Definition
| Ownership by two or more people, ownership shares do not have to be equal, by each has an undivided interest in the property. When a tenant dies, that person's share passes either by will or by interstate statute. |
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Term
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Definition
| The person making a will to direct how his or her assets will be distributed at death. |
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Term
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Definition
| A claim by a defendant against someone in addition to the persons the plaintiff has already sued. |
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Term
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Definition
| A valid contract that cannot be enforced, for example, because the statute of limitations has passed. |
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Term
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Definition
| A contract where a promise is exchanged for an act. |
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Term
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Definition
| A contract that is invalid even if it is not repudicated by either party; for example, a contract formed for an illegal purpose. |
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Term
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Definition
| A contract that can be dis-affirmed by one of the parties. |
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Term
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Definition
| The document used to express a person's wishes as to how his or her property should be distributed upon death. |
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Term
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Definition
| A deed in which the seller promises clear title to the property |
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Term
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Definition
| A means of gaining appellate review; in the U.S. Supreme Court the writ is discretionary and will be issued to another court to review a federal question if four the nine justices vote to hear the case. |
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Term
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Definition
Liability for negligently causing a child's birth.
(wrongful life) |
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Term
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Definition
| 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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Term
| Annotated Codes- Statutes |
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Definition
| Private publications 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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Term
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Definition
| A law that prohibits lawsuits for such things as breach of a promise of marriage, alienation of affection, and seduction of a person over the legal age of consent. |
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Term
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Definition
| A legal judgement that a valid marriage never existed. |
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Term
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Definition
Money awarded to a plaintiff in payment for his or her actual loses
Compensatory |
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Term
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Definition
| A defense whereby the defendant offers new evidence to avoid judgement |
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Term
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Definition
| The defendant's reply to the complaint. It may contains statements of denial, admission, or lack of knowledge and affirmative defenses. |
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Term
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Definition
| The power of the federal courts to hear matters of state law if the opposing parties are from different states and the amount in controversy exceeds $75,000 |
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Term
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Definition
A legal judgement that dissolves a marriage
disillusionment |
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Term
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Definition
| An intentional act that creates a reasonable apprehension of an immediate harmful or offensive physical contact. |
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Term
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Definition
A decision is overruled when a court in a later case changes the law so that its prior decision is no longer good law.
Reverse |
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Term
|
Definition
| An ADR mechanism whereby the parties submit their disagreement to a third party whose decision is binding. |
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Term
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Definition
| A criminal proceeding at which the court informs the defendant of the charges being brought against him or her and the defendant enters a plea. |
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Term
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Definition
| A private attorney paid by the state on a contractual basis to represent an indigent client. |
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Term
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Definition
| The party taking temporary control of personal property during a bailment |
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Term
|
Definition
| The owner of the personal property that is being temporarily transferred as part of a bailment |
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Term
|
Definition
| A temporary transfer of personal property to someone other than the owner for a specified purpose. |
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Term
| Bona Fide Occupational Qulaification |
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Definition
| A defense to an overt discrimination claim, alleging that the qualification is necessary to the essence of the business operation |
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Term
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Definition
| All property that a husband and wife acquire by joint effort during marriage. Property owned prior to marriage or acquired by gift or inheritance is considered separate property. |
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Term
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Definition
| The way in which criminal prosecution are handled; governed by the federal or state rule |
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Term
| Distinguish/Distinguishable |
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Definition
To find differences between two situations
different
dissimilar facts and/or rules of law |
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Term
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Definition
| A rule whereby a liquor-seller, bar or host will be made liable for anyone injured as a result of serving alcoholic beverages to those who are clearly intoxicated. |
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Term
| Doctrine of Equitable Distribution |
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Definition
| A system for distributing property acquired during a marriage on the basis of such factors as the contributions of the spouses, the length of the marriage, the age and health of the spouses, and their ability to make a living |
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Term
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Definition
| The ability to take back one's contractual obligations |
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Term
| Defamation - Slander per se |
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Definition
| Remarks considered to be so harmful that they are automatically viewed as defamatory |
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Term
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Definition
| The legal document that formally conveys title to the property to the new owner |
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Term
|
Definition
| A provision that purports to waive liability |
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Term
|
Definition
| contracts that are formed through words, either oral or written |
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Term
|
Definition
| the intentional false portrayal of someone in a way that would be offensive to a reasonable person |
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Term
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Definition
| One who comes upon private land by the owners invitation, whether express or implied. In tort law, the owner is not an insurer of the safety of invitees, but he or she owns a duty to them to exercise reasonable care for their protection against latent defects in the premises that might cause them injury. |
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Term
|
Definition
| One to whom a license has been granted. |
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Term
|
Definition
| Once actual cause is found, as a policy matter, the court must also find that the act and the resulting harm were so foreseeably related as to justify a finding of liability. |
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Term
|
Definition
|
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Term
|
Definition
| A special type of joint tenancy applicable only to a married couple. |
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Term
|
Definition
| One who enters or remains upon land of another w/o the owner's permission. The owner of the land has no duty to guard against injury and not liable for their injuries. |
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Term
|
Definition
| A business owned by a single owner. |
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