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claim
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native land claims
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Cross-Claim
CROSS-CLAIM A demand made in a pleading against another party on the same side of the lawsuit. For example, a manufacturer of desks shipped thirty desks to a buyer by truck. When the buyer refused to pay because the desks arrived in a damaged condition, the manufacturer sued both the buyer and... Read more |
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Counterclaim
COUNTERCLAIM A claim by a defendant opposing the claim of the plaintiff and seeking some relief from the plaintiff for the defendant. A counterclaim contains assertions that the defendant could have made by starting a lawsuit if the plaintiff had not already begun the action. It is governed by... Read more |
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Federal Tort Claims Act
Federal Tort Claims Act (1946) William V. Luneburg Excerpt from the Federal Tort Claims Act The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances,... Read more |
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Debtor
DEBTOR One who owes a debt or the performance of an obligation to another, who is called the creditor; one who may be compelled to pay a claim or demand; anyone liable on a claim, whether due or to become due. In bankruptcy law, a person who files a voluntary petition or person against whom an... Read more |
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Sextus Empiricus
SEXTUS EMPIRICUS(fl. ca. A.D. 200)medicine skeptical philosophy.The rediscovery of Sextus’ writings in the sixteenth century and the publication of his Pyrrhonian Hypotyposes (or Outlines of Pyrrhonism) in a Latin translation in 1562 led to an epistemological crisis at the time of the Reformation.... Read more |
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Probable Cause
PROBABLE CAUSE Apparent facts discovered through logical inquiry that would lead a reasonably intelligent and prudent person to believe that an accused person has committed a crime, thereby warranting his or her prosecution, or that a cause of action has accrued, justifying a civil lawsuit.... Read more |
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Tracing
TRACING An equitable remedy that allows persons to track their assets after they have been taken by fraud, misappropriation, or mistake. The remedy is also used in bankruptcy, commercial transactions, and property disputes in marital dissolution cases. Persons who have been victims of fraud,... Read more |
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no-fault insurance
no-fault insurance type of indemnity plan, usually applied to automobile coverage, in which those injured in an accident receive direct payment from the company with which they themselves are insured. Originated (1947) in Saskatchewan, Canada, no-fault insurance eliminates the need for accident... Read more |
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