Term
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Definition
| RIGHTS, INCLUDING PROPERTY RIGHTS, ARISING ONLY THROUGH THE GOV'T |
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Term
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Definition
WHEN ONE PERSON ADDS TO PROPERTY OF ANOTHER BY LABOR ALONE
IE: A CHOPS B'S TREES AND MAKES FURNITURE WITH THEM |
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Term
| JOHN LOCKE'S LABOR THEORY |
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Definition
| ALLOCATING PROPERTY IN SUCH A WAY THAT IT BENEFITS ALL MEMBERS OF SOCIETY |
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Term
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Definition
| EXCLUSIVITY, RECOGNITION BY THE GOVERNING BODY, ABILITY TO USE, TRANSFER, AND EXCLUDE |
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Term
| IF YOU DO NOT HAVE THE BUNDLE OF RIGHTS, WHAT DO YOU HAVE? |
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Definition
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Term
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Definition
| PURSUIT IS NOT ENOUGH FOR POSSESSION, MUST BE A DEPRIVATION OF THE BEAST'S LIBERTY |
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Term
| WHAT ARE THREE PUBLIC POLICY REASONS FOR THE ACTUAL CAPTURE STANDARD? |
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Definition
REWARDS SUCCESSFUL HUNTERS
INSURES CERTAINTY IN PROPERTY RIGHTS
MINIMIZES QUARRELS |
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Term
| ENGLISH AND AMERICAN RULES OF CAPTURED WATER |
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Definition
ENGLISH: WHOEVER FIRST CAPTURES WATER IS ITS OWNER
AMERICAN: WHOEVER FIRST CAPTURES WATER IS ITS OWNER, BUT WASTEFUL USES OF WATER (IF HARMING NEIGHBORS) ARE UNREASONABLE AND UNLAWFUL |
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Term
| HAROLD DEMSETZ'S TOWARD A THEORY OF PROPERTY RIGHTS |
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Definition
| COMMUNAL OWNERSHIP (AKA COMMON PROPERTY) INCREASES EXTERNALITIES, PRIVATE OWNERSHIP (AKA PRIVATE PROPERTY) REDUCES EXTERNALITIES |
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Term
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Definition
EXTERNAL SIDE EFFECTS
IE: SMELLY FARM AND CONTRACTOR BUILDING HOMES NEARBY |
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Term
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Definition
| ALL ORIGINAL WORKS OF AUTHORSHIP AND TANGIBLE MEDIUM |
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Term
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Definition
SOFTWARE
SONGS
SPEECHES
ARCHITECTURAL DESIGNS
NEWS |
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Term
| HOW LONG DO COPYWRITES LAST? |
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Definition
| THE LIFE OF THE AUTHOR PLUS 75 YEARS |
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Term
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Definition
| ANY INDICATOR OF A SOURCE |
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Term
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Definition
COLOR PINK FOR INSULATION
ARCHES FOR MCDONALD'S |
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Term
| HOW LONG DO TRADEMARKS LAST? |
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Definition
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Term
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Definition
| EXCLUSIVE PROPERTY RIGHT FOR ANY USEFUL PURPOSE, MACHINE, OR INVENTION |
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Term
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Definition
| APPLICATION OF A GENE SEQUENCE TO A PARTICULAR USE |
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Term
| HOW LONG DO PATENTS LAST? |
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Definition
| LIMITED TO 20 YEARS FROM DATE OF APPLICATION |
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Term
| IF IT OCCURS IN NATURE, THAN IT CANNOT BE...? |
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Definition
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Term
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Definition
| THE DELIVERY OF PERSONAL PROPERTY BY ONE PERSON, THE BAILOR, TO ANOTHER, THE BAILEE, FOR A PARTICULAR PURPOSE |
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Term
| WHAT ARE THE ELEMENTS OF BAILMENT? |
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Definition
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Term
| WHAT ARE SEVERAL EXAMPLES OF BAILMENTS? |
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Definition
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Term
| DEGREE OF CARE FOR A BAILMENT FOR THE BENEFIT OF BOTH PARTIES |
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Definition
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Term
| DEGREE OF CARE FOR A BAILMENT FOR THE BENEFIT OF THE BAILOR |
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Definition
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Term
| DEGREE OF CARE FOR THE BAILMENT FOR THE BENEFIT OF THE BAILEE |
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Definition
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Term
| WHAT ARE THE FIVE WAYS TO TERMINATE A BAILMENT? |
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Definition
1. AGREEMENT OR CONDUCT OF THE PARTIES
2. DESTRUCTION OF THE SUBJECT MATTER
3. COMPLETION OF THE BAILMENT
4. A LAPSE IN TIME IN ACCORDANCE WITH THE TERMS OF THE BAILMENT
5. DEATH OF THE BAILOR OR BAILEE |
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Term
| WHEN DETERMINING IF SOMEONE HAS THE RIGHT TO DESTROY, COURTS WILL LOOK AT: |
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Definition
| THE WASTE THAT THE DESTRUCTION WILL CREATE |
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Term
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Definition
| THE CONVENTIONAL VIEW THAT AN OWNER OF LAND HAS CONSTRUCTIVE POSSESSION OVER WILD ANIMALS ON HIS LAND |
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Term
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Definition
| PHYSICAL OCCUPANCY OR CONTROL OVER PROPERTY |
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Term
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Definition
| CONTROL OR DOMINION OVER PROPERTY WITHOUT ACTUAL POSSESSION OF IT; A LEGAL FICTION USED TO DISCOURAGE TRESPASS |
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Term
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Definition
| A COMMON LAW DOCTRINE HOLDING THAT AN EMPLOYER OR PRINCIPLE BE LIABLE FOR THE EMPLOYEE OR AGENT'S ACTION |
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Term
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Definition
GOLD, SILVER, CURRENCY, OR THE LIKE INTENTIONALLY CONCEALED BY AN UNKNOWN OWNER FOR SAFEKEEPING IN A SECRET LOCATION IN THE DISTANT PAST
TODAY, TREATED AS LOST PROPERTY |
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Term
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Definition
| PROPERTY VOLUNTARILY PUT IN A PARTICULAR PLACE WHEN THE OWNER INTENDS TO RETAIN THE OWNERSHIP, BUT THEN FAILS TO RECLAIM IT OR FORGETS WHERE IT IS |
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Term
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Definition
| WHEN THE OWNER VOLUNTARILY AND INTENTIONALLY RELINQUISHES ALL RIGHT, TITLE, AND INTEREST |
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Term
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Definition
| PROPERTY THAT THE OWNER UNINTENTIONALLY AND INVOLUNTARILY PARTS WITH THROUGH NEGLECT OR INADVERTENCE AND DOES NOT KNOW WHERE IT IS |
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Term
| POWELL'S THEORY ON REAL PROPERTY |
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Definition
| THE ADVERSE POSSESSOR MAY ACQUIRE TITLE AT SUCH TIME AS AN ACTION IN THE EJECTMENT BY THE RECORD OWNER WOULD BE BARRED BY THE STATUTE OF LIMITATIONS |
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Term
| HENRY VALENTINE'S THEORY ON ADVERSE POSSESSION |
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Definition
| THE PURPOSE OF ADVERSE POSSESSION IS TO QUIET ALL TITLES WHICH ARE OPENLY AND CONSISTENTLY ASSERTED, PROVIDE PROOF OF MERITORIOUS TITLES, AND CORRECT ERRORS IN CONVEYANCING |
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Term
| OLIVER WENDELL HOLMES' THEORY ON ADVERSE POSSESSION |
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Definition
| THE FOUNDATION OF THE ACQUISITION OF RIGHTS BY LAPSE OF TIME IS TO BE LOOKED FOR IN THE POSITION OF THE PERSON WHO GAINS THEM, NOT IN THAT OF THE LOSER |
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Term
| ELEMENTS OF ADVERSE POSSESSION |
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Definition
ADVERSE
HOSTILE
OPEN AND NOTORIOUS
EXCLUSIVE
CONTINUOUS |
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Term
| ONCE ADVERSE POSSESSION IS COMPLETE, WHAT DOES IT DO? |
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Definition
| VESTS A NEW TITLE IN THE POSSESSOR BY OPERATION OF LAW |
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Term
| WHAT ARE THE THREE STATES OF MIND CONSIDERED FOR ADVERSE POSSESSION? |
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Definition
OBJECTIVE: THE STATE OF MIND IS IRRELEVANT
GOOD FAITH: I THOUGHT I OWNED IT
AGGRESSIVE TRESPASS: I KNEW I DIDN'T OWN IT, BUT I INTENDED TO MAKE IT MINE ANYWAY |
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Term
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Definition
| ONE WAY OF EXPRESSING HOSTILITY OR CLAIM OF RIGHT ON THE PART OF AN ADVERSE POSSESSOR |
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Term
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Definition
| A CLAIM FOUNDED ON A WRITTEN INSTRUMENT OR A JUDGMENT OR DECREE THAT IS FOR SOME REASON DEFECTIVE OR INVALID |
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Term
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Definition
| WHEN SUCCESSIVE PERIODS OF ADVERSE POSSESSION BY DIFFERENT PERSONS ARE COMBINED TOGETHER TO SATISFY THE STATUTORY DURATION REQUIREMENT |
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Term
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Definition
A RELATIONSHIP BETWEEN TWO PARTIES THAT EACH HAVE A MUTUALITY OF INTEREST
(REQUIRES JUDICIAL RECOGNITION) |
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Term
| HOW DO DISABILITIES AFFECT THE STATUTE OF LIMITATIONS? |
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Definition
| IN EVERY STATE, THE STATUTE OF LIMITATIONS ARE EXTENDED IF DISABILITIES ARE PRESENT AT THE TIME WHEN THE CAUSE OF ACTION ACCRUED |
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Term
| WHAT ARE THE COMMON LAW AND MODERN DAY VIEWS ON ADVERSE POSSESSION AGAINST THE GOV'T? |
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Definition
COMMON LAW: GOV'T IMMUNE
MODERN: PERMITTED IN SOME STATES BUT STATUTE OF LIMITATIONS MAY CHANGE AND IT MAY ONLY BE ALLOWED IF HELD IN A PROPRIETARY CAPACITY |
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Term
| WHAT ARE THE ELEMENTS OF ADVERSE POSSESSION OF CHATTELS? |
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Definition
ACTUAL
HOSTILE
VISIBLE
EXCLUSIVE
CONTINUOUS |
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Term
| DOES A TITLE TRANSFER THROUGH FRAUD? |
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Definition
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Term
| DOES A TITLE TRANSFER THROUGH THEFT? |
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Definition
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Term
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Definition
| TO BRING A NEW PARTY INTO A LAWSUIT |
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Term
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Definition
| SOMEONE WHO GETS PERSONAL PROPERTY BY VIRTUE OF A WILL |
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Term
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Definition
| THE TRANSFER OF LAND FROM ONE PERSON TO ANOTHER |
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Term
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Definition
| A PERFECT OR UNENCUMBERED TITLE |
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Term
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Definition
| AN ACTION TO RECOVER THE POSSESSION OF LAND |
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Term
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Definition
| AN ACTION TO RECOVER THE ACTUAL ITEM AS OPPOSED TO DAMAGES |
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Term
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Definition
| A COMMON LAW ACTION FOR RECOVERY OF DAMAGES FOR CONVERSION OF PERSONAL PROPERTY; THE DAMAGES GENERALLY BEING MEASURED BY THE VALUE OF THE PROPERTY |
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Term
| ELEMENTS OF ACQUISITION BY GIFT |
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Definition
DELIVERY
INTENT
ACCEPTANCE |
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Term
| WHAT ARE THE THREE TYPES OF INTENT FOR ACQUISITION BY GIFT? |
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Definition
ACTUAL: WHEN THE GIFT ITSELF IS GIVEN
CONSTRUCTIVE: WHEN SOMETHING SMALL THAT WILL GIVE ACCESS TO THE GIFT IS GIVEN (KEY, ETC.)
SYMBOLIC: HANDING OVER SOMETHING TO SYMBOLIZE THE PROPERTY GIVEN |
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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
| ONE WHO HAS DIED WITHOUT A WILL |
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Term
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Definition
| ONE WHO IS ENTITLED TO THE PROPERTY OF AN INTESTATE |
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Term
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Definition
| THE CHILDREN OF A TESTATOR |
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Term
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Definition
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Term
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Definition
| A LAWSUIT IN MARITIME LAW |
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Term
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Definition
| A PLAINTIFF IN MARITIME LAW |
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Term
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Definition
| PRESUMED TO BE TRUE; EVIDENCE UNLESS REBUTTED WHICH IS SUFFICIENT ON ITS FACE TO ESTABLISH A GIVEN |
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Term
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Definition
| AN ANSWER BY A DEFENDANT ALLEGING THAT PLAINTIFF HAS ALLEGED NOTHING THAT ENTITLED HIM TO A REMEDY |
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Term
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Definition
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Term
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Definition
| THE SUIT TO RECOVER THE VALUE OF THE PLAINTIFF'S CHATTEL THAT THE DEFENDANT HAS CONVERTED |
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Term
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Definition
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Term
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Definition
| THE RULES BY WHICH ONE MAY OBTAIN TITLE TO CHATTELS BY ADVERSE POSSESSION, PROVIDING THAT THE STATUTE OF LIMITATIONS DOES NOT RUN IF THE TRUE OWNER USES DILIGENCE TO DISCOVER THE POSSESSOR OF HIS PROPERTY |
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Term
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Definition
| TO GIVE A PRESENT RIGHT TO OWNERSHIP |
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Term
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Definition
| POSSESSORY ESTATE IN PROPERTY THAT HAS ONE'S LIFE AS THE MEASURE OF DURATION |
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Term
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Definition
SEPARATE BUT UNDIVIDED INTERESTS IN THE PROPERTY
ONLY SHARE UNITY OF POSSESSION
INTERST DOES NOT NEED TO BE EQUAL
MAY CONVEY INTEREST WITHOUT CONSENT OF OTHERS
IF COTENANTS RECEIVE LESS THAN 100% INTEREST, CREATES A TENANCY IN COMMON |
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Term
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Definition
TIME, TITLE, INTEREST, POSSESSION,
EACH JT OWNS 100% OF UNDIVIDED WHOLE
INTEREST CANNOT BE CONVEYED UPON A JT'S DEATH
INTEREST CANNOT BE PASSED BY WILL OR TO AN HEIR
PREFERRED IN ENGLISH COMMON LAW
CAN CONVERT INTO A TIC UNILATERALLY BY CONVEYING INTEREST TO A THIRD PARTY |
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Term
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Definition
| INTEREST OF EACH JT MUST BE ACQUIRED AT SAME TIME |
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Term
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Definition
| TITLE OF EACH JT MUST BE ACQUIRED THROUGH SAME INSTRUMENT |
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Term
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Definition
| EACH JT MUST HAVE EQUAL UNDIVIDED SHARES AND IDENTICAL INTERESTS MEASURED BY DURATION |
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Term
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Definition
| EACH JT MUST HAVE A RIGHT TO POSSESSION OF THE WHOLE, ALTHOUGH AGREEMENTS CAN BE MADE ONCE JT IS ESTABLISHED |
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Term
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Definition
REQUIRES FOUR UNITIES PLUS MARRIAGE
NEITHER SPOUSE CAN DEFEAT THE RIGHT OF SURVIVORSHIP BY WAY OF CONVEYANCE TO A THIRD PARTY
IS TERMINATED BY DIVORCE AND PARTIES USUALLY BECOME TIC
EXTINGUISHES AT DEATH |
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Term
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Definition
INVOLUNTARY ALIENATION (IE. FORECLOSURE)
VOLUNTARY ALIENATION (IE. STRAWMAN) |
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