Term
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Definition
| the violation of an express, or implied, condition of a contract to do or not to do something. It is the violation of a covenant by an act or omission, depending upon whether the duty prescribed by the covenant is one of action or refraining from an act. The general common law rule in assigning breach of covenant, is to negative the covenant. |
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Term
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Definition
| a contract which has not yet been fully performed, that is to say, fully executed. To put it another way, it's a contract under which both sides still have important performance remaining. |
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Term
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Definition
| a person who holds a contract |
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Term
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Definition
| leave (a personal estate or one's body) to a person or other beneficiary by a will. |
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Term
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Definition
| which sought to settle outstanding issues between the two countries that had been left unresolved since American independence. |
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Term
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Definition
| a common law writ directing an inferior court to remit the record of a legal action to the reviewing court in order that an error of law may be corrected if it exists. |
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Term
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Definition
| having a harmful effect, especially in a gradual or subtle way |
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Term
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Definition
| the expression of approval or agreement |
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Definition
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Term
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Definition
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Term
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Definition
| expresses the principle of federalism, and to which those power that are given to it by the State or the people |
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Term
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Definition
| secure or fasten from the underside, especially by a rope or chain passed underneath |
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Term
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Definition
| the use of too many words to express an idea |
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Term
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Definition
| present and explain (a theory or idea) systematically and in detail\ |
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Term
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Definition
| an urgent need or demand. |
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Term
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Definition
| of no value or importance |
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Term
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Definition
| acting with or showing care and thought for the future |
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Term
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Definition
| making a certain situation or outcome likely or possible |
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Term
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Definition
| a small, showy trinket or decoration |
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Term
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Definition
| of the thing just mentioned; of that |
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Term
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Definition
| accorded a great deal of respect, especially because of age, wisdom, or character. |
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Term
| Necessary and Proper Clause |
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Definition
| Art. 1 Sec. 8 Cls. 18 The Congress shall have Power To ...make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. |
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Term
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Definition
| reduce in extent or quantity; impose a restriction on |
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Term
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Definition
| Article VI Para. 2 It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. |
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Term
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Definition
| actively breaks a contract or lease |
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Term
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Definition
| X amend. Art. 1 Sec. 8 Cls. 3 This clause enumerated certain powers for the federal gov't. it has the power to regulate commerce in a foreign country |
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Term
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Definition
| is a session where a case is heard before all the judges of a court – in other words, before the entire bench – rather than by a panel selected from them |
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Term
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Definition
| The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State. |
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Term
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Definition
| interpret (a word or action) in a particular way |
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Term
| Soverign immunity of the United States |
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Definition
| legal privilege by which the American federal, state, and tribal governments cannot be |
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Term
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Definition
| The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people |
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Term
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Definition
| humble submission and respect |
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Term
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Definition
| deliberately avoid using; abstain from. |
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Term
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Definition
| pleading in a lawsuit that objects to or challenges a pleading filed by an opposing party |
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Term
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Definition
| (of a person) recovering from an illness or operation. |
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Term
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Definition
| a preliminary or preparatory statement; an introduction |
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Term
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Definition
| intrude on (a person's territory or a thing considered to be a right). |
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Term
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Definition
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Term
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Definition
| a ruling by a judge (usually upon motion to reduce or throw out a jury verdict) lowering the amount of damages granted by a jury in a civil case. Usually, this is because the amount awarded exceeded the amount demanded. |
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Term
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Definition
given to sudden and unaccountable changes of mood or behavior. |
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Term
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Definition
| An abbreviation for id est, a Latin phrase meaning “that is.” It indicates that an explanation or paraphrase is about to follow: “Many workers expect to put in a forty-hour week — i.e., to work eight hours a day.” (Compare e.g.) |
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Term
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Definition
| or finder of fact, is a person, or group of persons, who determines facts in a legal proceeding, usually a trial. To determine a fact is to decide, from the evidence, whether something existed or some event occurred. |
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Term
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Definition
| allowing compenstatory damages that incurr the power of the full weight |
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Term
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Definition
| the world's forum for discussing matters affecting world peace and security, and for making recommendations concerning them. It has no power to enforce decisions. It is composed of the 51 original member nations and those admitted since, totaling 192. |
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Term
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Definition
| This term is used when all the appeal opportunities have been exhausted. There can be no more though into what will be said. Parties may not bring additional suits involving the same question of law of fact. (This does not mean that the same parties cannot sue each other if the legal issues is different from the case.) |
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Term
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Definition
| Some who is not particular to the case, whose brief can bring new information to a case |
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Term
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Definition
| by which an appellate court decides to review a case at its discretion. It is issued by a superior court, directing an inferior court, tribunal, or other public authority to send the record of a proceeding for review |
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Term
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Definition
| this has to do with Laches where a defencsnt willingly or unwillingly failied to asserts ones right, thereby resulting in a delay of rights. someones laziness contributed to your loss. |
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Term
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Definition
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Term
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Definition
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Term
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Definition
| to force or oblicate some one to do something |
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Term
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Definition
| subject to debate, dispute, or uncertainty, and typically not admitting of a final decision. |
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Term
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Definition
in accordance with (a law or a legal document or resolution).
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Term
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Definition
| A third party bringing together competing partiedd or carrying messages between them |
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Term
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Definition
| a mock trial presenting an abreviated version of thier case to an advisory jury, who in turn render an advisory verdict. |
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Term
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Definition
| fees that are paid contingent of a positive outcome in a trial |
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Term
| Clear and Convincing evidence and Strong and conclusive evidence |
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Definition
| both do not indicate an absolute certainty of proof, but only reasonable certainty as a degree of proof. This is in contrast to the proof in criminal processes- proof beyond a reasonable doubt. |
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Term
| Special master in equity- |
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Definition
| a person who is ordered by the judge to gather information and suggest recommendations for a final disposition in a case. |
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Term
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Definition
| a state of low spirits cuased by loss of hope or courage. |
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Term
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Definition
| a person who applies to a higher court for a reveral of the decision of a lower court |
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Term
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Definition
| a person who is fanatical and uncompromising in pursuit of their religious , political, or other ideals |
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Term
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Definition
| refering to those proceedings where one of the parties has not recieved notice and, therfore, is niether present nor repressented. If a person received notice of a heaing and chose not to attend, then the hearing is refered as this term. |
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Term
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Definition
| a judicial order that restrains a person from beginning or continuing an action threatening or invading the legal right of another, or that compels a person to carry out a certain act, e.g., to make restitution to an injured party. |
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Term
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Definition
| a group to report on the mental condition of an appellant |
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Term
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Definition
| somthing pleged as security for repayent of a loan. |
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Term
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Definition
| deprive something that they own |
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Term
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Definition
| performace of tasks which an execuor of adminstrator would normally undertake in the normal cousre of their duties. |
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Term
| what is Adhere to precedence? |
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Definition
| This is means to folow the rule of another case in which such circumstances are similar, and where judgement can also be applied the same way. |
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Term
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Definition
| an action is on not based in contats or criminal law. whereby the plainitiff seeks damages for acutal or technicla injuries to hie person, proerty or legally protected interset, causedd by the acts or omissions of the defendant. |
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Term
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Definition
| actual contac with the plaintiffs interest such as physically striking or entering the plaintiff's land |
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Term
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Definition
| to adresssing injuries that are not made through intention but are still the responsibility of the devendant |
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Term
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Definition
| containing the state of mind of the actor. there must be intention, as opposed to neglecence e.g. batary and assult. |
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Term
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Definition
| an actor intentionally cause harm or commits an offencive contact with another person. |
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Term
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Definition
| the absence of an express prohibition of contact, an implied consnt of touching that does not offend a reasonalble sense of personal dignity |
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Term
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Definition
| in the interest of apprehension of a harmful or offensive contact. a threat with reasonable interset in action. |
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Term
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Definition
| the actions that cause another person to feel eminent of harmful or offensive action. |
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Term
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Definition
| the defendant intentionally confined or intentionally caused confinment and the plantiff was aware of confinement |
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Term
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Definition
| an action for the intentional inflictions of emotional redress |
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Term
| intentional infliction of emotional distress |
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Definition
needs the 4 keys
1. intenational or reckless action by the defendant
2. conduct that is exterme and outrageous
3. conduct that causes the plantiffs menta distress
4. emotional ditress that is severe |
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Term
| intentional intrusion on land |
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Definition
| liability if a person enters the property of another's land or a third party. |
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Term
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Definition
| damage to an article of personal property as opposed to real property |
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Term
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Definition
| to remove something that is in posession of someone else |
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Term
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Definition
| to interfere or to bother impertinently or officiously |
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Term
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Definition
| to force the defendant to incurr the judfement of payment as if the defendant were going to buy it. |
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Term
| private and necessity privliege |
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Definition
| this is when the defendant is gulity of damages but when the action is not necessarily a trespassing violation |
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Term
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Definition
| an event that is sufficiently related to a legally recignizable injury to be held to be the case of that injury |
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Term
| Public necessity privleage |
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Definition
| When a defendant is nit gulity of damage property in the interest of protecting public interest |
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Term
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Definition
| force that is used in a reasonable response to the threat of harm |
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Term
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Definition
| actors that act in a action or inaction resulting in an injury to another |
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Term
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Definition
| The first part of the Restatement of Torts, an actor is required to promote this so as to not harm the interest of another party |
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Term
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Definition
| the general guideline upon which the trier of fact cases are measured, gauging whether an actors conduct was within an unreasonable risk or was negligent |
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Term
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Definition
| the explicit cause that cause the act of damage |
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Term
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Definition
| a mental exercise determining whether factual cause would have happened should the defendant not acted. |
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Term
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Definition
| a way to avoid a logical flaw to avoid at fault proximate causes. This is clearly directed in a factro where causing harm is a factor that a resonable perosn would have contribute to the harm |
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Term
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Definition
| a negligent act that is a substantial cause for the plantiff's injury that occurs after the original negligent act |
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Term
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Definition
| an act in which is out of control of the neglignet actor's control. e.g. a third person discovers the danger created by the original negligent act and that person has some special duty to act but fails to do so. |
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Term
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Definition
| The thing speaks for itself |
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Term
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Definition
| when the plaintiff has acted in a contributory way that the actor was negligent through partieal cause of the plantiff |
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Term
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Definition
| under which the plantiffs negligence is compared with the defendants |
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Term
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Definition
| a deliberate waiver of the right to seek compensationif injured |
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Term
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Definition
| liability under the manufatures responsibility |
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Term
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Definition
| an insulation for defnedants under a manufacturing company's managment in case of manufacturing malfunctioning |
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Term
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Definition
| holding manufactures liable for injuries casued by their products, even if they exercised care. |
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Term
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Definition
| Cause that is not a part of intention through neglignece of lack of caution caused the action to permit. These are actions that pertain to the "but for test". |
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Term
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Definition
| when the product produced does not comply with its design. |
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Term
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Definition
| a product that is inresonably dangerous tothe user or consumer. |
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Term
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Definition
| when the product leaves the manufactures hand and is in a condition not contemplated by the ultimate consumer, which will be reasonably dangerous to him. |
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Term
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Definition
| a negeligence type of analysis that balancess the risk associated with the product against the utility of the product |
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Term
| reftatment (third) of torts, product liability |
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Definition
| the risk utility test made for design defects and instruciton and warning defects. |
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Term
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Definition
| a failure to place adequate warnings on a product |
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Term
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Definition
| A defence against negligence claiming that at that moment there were no other laws that were availiable, thus the most saftest product produced. NOt incorporating an alternative design rendering the product unreasonably dangerous. |
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Term
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Definition
| another factor taking into considerations the envrionement and actions of the planitiff, explaining that the issue with the dangerous activity. |
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Term
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Definition
| a movement for changeing the prosection of torts to avoid all product liability. |
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Term
| joint and several liability |
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Definition
| the ability to collect all of all judgemtn from a single defendant, although more than one defendant may have been found liable. |
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Term
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Definition
| another finacially punitive action when the defendants are financially unable to incurr judgements |
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Term
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Definition
| concerned with the rights of and obligations surrounding land |
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Term
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Definition
| Real property as the right of present possetion |
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Term
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Definition
| real property as the right of future posetion |
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Term
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Definition
| an agreement to supply a certain number of knights when the king neede them |
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Term
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Definition
| calling for the tenant to provide service instead of knights in exchange for use of the land |
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Term
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Definition
| calling for agricultural services or money in exchange for use of the land |
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Term
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Definition
| the serf that completed the unfree tenure, to provide labor in exchange for a hut an use of a smalll strip of common land. |
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Term
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Definition
| unfree tenure that could be transfered by the holder if he paid a fine to the lord |
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Term
| interest in real property |
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Definition
| a lawful measure in terms of time and possession |
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Term
| present possesory interest in real property |
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Definition
| entitleinga holder to exclusive possesion of land. |
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Term
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Definition
| a real estate owner that owns all of the present interest and all of the future interest in the property |
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Term
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Definition
| prohibit someone from performing (a particular action) by issuing an injunction |
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Term
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Definition
| based on the first impression; accepted as correct until proved otherwise. |
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Term
| fee simple determinable with posssibiolity of reverter |
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Definition
| a type of intest that specifies the real property interest is a fee simple interest, but only as long as the property is used in a specific manner. e.g. a property given to someone with a contingency it is used in a certain type of manner, and if it is used in a different way, hier would forefeit that land and return to a fee simple absolute interest |
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Term
| fee simple subject to a condition subsequent |
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Definition
| reposession of propert should the condition be changed in a different form, but the interest does not automatically terminate |
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Term
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Definition
| the contingency plan that acts to reverse the property rights to that person who returned to who gave it first. |
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Term
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Definition
| limited present posessory interest, meaning in the event of successinve possession of said property there will be no interest allowed to those that receive. |
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Term
| life estate pur autre vie. |
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Definition
| life estate marked by the life of the giver. |
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Term
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Definition
| property or life interest given to a wife for husbands death |
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Term
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Definition
| property or interest given to a surviginv hubsband whatever property right wife owned. |
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Term
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Definition
| articulate offences agains t society and not simply violations of another's individuals rights |
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Term
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Definition
| hold or express opinions that are at variance with those previously, commonly, or officially expressed. |
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Term
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Definition
assent or agree to a demand, request, or treaty
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Term
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Definition
dealing with the settling of international conflicts by an agreed disposition of disputed territories.
adjective: dispositive
relating to or bringing about the settlement of an issue or the disposition of property.
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Term
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Definition
| laws that have been created by judges rather than through statutes |
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Term
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Definition
| a system of law from jurisprudence based on Roman law, contrasting common law |
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Term
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Definition
| the only legitimate role of judges is to find and then apply the appropriate legal rule to the case at hand. |
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Term
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Definition
| the philosphy of science of law |
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Term
| natural law jurisprudence |
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Definition
| believing that human king posesses an innate sece of right an wrong |
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Term
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Definition
| the rleationship among government institutinos and between government and private parties in society. |
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Term
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Definition
| branch of publis law that deas with the rules and regulatwision promulgated by governmente agencies |
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Term
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Definition
| a generic term forefferring to the law governing conflics among private parties |
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Term
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Definition
1. to define relationships ampng members of society
2. to allocate authority within society
3. to resolve conflict when it arrises in society
4. to redefine relationshsips as societal conditions change. |
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Term
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Definition
| term indicating that it is the law and not the man which the lies the power to enforce the laws |
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Term
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Definition
| refers to the concept that one's personal information is protected from public scrutiny. |
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Term
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Definition
| a principle that states to apply the rule employed in the previous case to the one at hand, that is if the facts in the present case are the same as those in those previous cases. |
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Term
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Definition
| the body of previously decided cases with similar fats patterns as the present case |
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Term
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Definition
| it is established when a number of cases are decided in a similar way. |
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Term
| loose and strict view of precedent |
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Definition
| the term in which precedent is concidered but in the two ways that judges declare to be within their best judgement. |
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Term
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Definition
1. the facts
2. the issue
3. the decision and action
4. the reasoning of the court
5. opiinions
6. dissenting opinions |
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Term
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Definition
| the question or opinion writer treats as nesseary in order to resolve the matter before the court |
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Term
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Definition
| "widely shared social expectations" |
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Term
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Definition
| dicta, or opinions of writers |
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Term
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Definition
| the support attained by the public in intimacy |
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Term
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Definition
| a formal document indicatd the order of a lord to admisnter justice between a platniff and a defendant |
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Term
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Definition
| to restore possession of land using the means of authroity |
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Term
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Definition
| to remedy the defects of writ of right including the primitive mores of proof and the ability of third parties to contest the decision of the royal court . |
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Term
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Definition
| in civil disputes, actions for damages for non performance of contractual obligations under a sealed instrument |
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Term
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Definition
| actions to enforce payment of the agreed price ofr goods sold and deliveered |
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Term
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Definition
| in cases to even out the pursuance of the payments of debt in failure because there where others that failed to pay their part to debt. |
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Term
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Definition
| an action for damages for the nonperformance of a contractual obligations not under seal |
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Term
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Definition
| an action to recover personal property from a person who has aquired it legally but retained the property without the owners consent |
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Term
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Definition
| an action to recover poseesions of and unlawfully acuqired good |
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Term
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Definition
| an actions for damages resulting from the direct and immediate injury of a person or of property |
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Term
| writ of trespass on the case |
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Definition
| an action resulting in an injury to a pweron that was the indirect consquence of the defendantas act. |
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Term
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Definition
| an action for damages against a defendant who found a plaintiff's personal property and wrongfully converted it for his own use. |
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