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Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P10

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paying his or her share of the expenses incurred for maintenance or improvements of the common areas, regardless of whether the individual owner approves of the upkeep or improvements. The size of the share of operat- ing, maintaining, and improving costs of a building and common areas to be borne by an individual unit owner depends on the size of...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P11

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conduct of the police, not the mental state of the suspect. Yet the mental state of the suspect may still play a role in Burbine’s second prong, which considers the suspect’s awareness of Miranda rights and the consequences of waiving them.. Legal commentators have criticized Miranda and its subsequent line of decisions, stating that criminal suspects seldom truly understand the...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P12

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Howev- er, witnesses are legally entitled to refuse to answer questions that are beyond the power of the investigating body or that are irrelevant to the matter under inquiry. clause of the FIFTH AMENDMENT to the Constitution.. Speaker of the House. s the presiding officer of the House of Representatives, the Speaker of the House holds one of the highest...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P13

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Vested Rights and the Styles of Reasoning in the Confederate Conscription Cases. Failure to obey the order may lead the court to find the party in CONTEMPT and to impose other penalties.) Plaintiffs in lawsuits generally prefer consent decrees because they have the power of the court behind the agreements. They also contend that federal courts have imposed conditions on...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P14

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executives and dealers pleaded guilty, making this the largest conspiracy-based commercial bribery prosecution in the history of the United States.. Even before the September 11th attacks against the United States in 2001, the country and the world were well aware of the activities of Osama bin Laden and the terrorist network known as al Qaeda. citizen, took photographs and drew...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P15

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he Constitutional Convention of 1787 is a high point in the history of the United States. This remarkable assemblage of men, meeting in Philadel- phia between May 23 and September 17, 1787, created the document that has given the United States one of the most stable and admired constitu- tional democracies in the history of the world.. Fifty-five delegates from...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P16

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states soon realized that government by the will of the majority not only achieved democracy, it sometimes achieved majoritarian tyranny. As with each of the 26 amendments to the Constitution, the Bill of Rights was proposed by a two-thirds majority in both houses of Congress and ratified by three-fourths of the states as required by Article V. The Bill of...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P17

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A member of the general category of persons who are protected by state and federal laws regulating price policies, financing practices, quality of goods and services, credit reporting, debt collection, and other trade practices of U.S. A purchaser of a product or service who has a legal right to enforce any implied or express warranties pertaining to the item against...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P18

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For example, there may be a breach of the IMPLIED WARRANTY of fitness if a salesperson knowingly sells a consumer software that is not designed for operation on the consumer’s computer. For a breach-of-implied-warranty claim to be successful, the consumer must establish that an implied warranty existed and was breached, that the breach harmed the consumer, that the consumer dealt...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P19

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CONTINGENT FEE. The payment is then a percentage of the amount recovered—such as 25 percent if the matter is settled, or 30 percent if it proceeds to trial.. Court rules and statutes often regulate these fees in relation to the type of action and amount of recovery. An attorney is not entitled to a contingent fee in the absence of...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P20

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Most courts hold that an offer for a unilateral contract becomes irrevocable as soon as the offeree starts to perform the requested act, because that action serves as consideration to prevent revocation of the offer. If an offer to form a unilateral contract requires several acts, it is interpreted as inviting acceptance by completion of the initial act. Performance of...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P21

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The injured party should be placed in the position that he or she would have occupied if the contract had been performed, and they are entitled to receive the benefit of the bargain, the net gain that would have accrued to them under the contract. Damages for anticipatory repudiation are ordinarily assessed as of the scheduled perfor- mance dates that...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P22

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In the context of agriculture, a farmers’. cooperative refers to an organization of farmers residing in the same locale that is established for their mutual benefit in regard to the cultivation and harvest of their products, the purchase of farm equipment and supplies at the lowest possible cost, and the sale of their products at the maximum possible price.. Stock...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P23

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This fact led to the passage of the Piracy and Counterfeiting Amendments Act of 1982 (18 U.S.C.A. Fair use is a judicial doctrine that refers to a use of copyrighted material that does not infringe upon or violate the exclusive rights of the copyright holder. Examples of fair use typically involve, according to the Copyright Act of 1976, the reproduction...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P24

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In addition to the Uniform COMMERCIAL CODE , Corbin also contributed to the second Restate- ment of Contracts, the provisions of which represented a considerable shift from the conservative views in the first Restatement.. To a significant extent, the second Restatement advocates changes in the law of contracts, many of which are based upon Corbin’s views.. An individual who is...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P25

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little or no outside market exists for sale of the shares. all or most of the shareholders help run the business. assembling the people and assets (such as land, buildings, and leases) necessary to run the corporation. and fulfilling the legal requirements for forming the corporation.. If the filing receives approval, the corporation is considered to have started existing on...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P26

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The SEC has responded to these problems by requiring greater oversight of the accounting profession in the United States. corporations and the capital markets remains shaken, and much of the criticism has focused upon the lack of oversight regarding corporate directors and officers. Global Reach The Power of the Multinational Corporation. The History of the Corporation. Corporeal is the opposite...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P27

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Under the rules governing plead- ing in most courts, the woman would be required to assert a demand for money damages for the same accident in her answer to the man’s complaint or she would lose the right to sue on that claim. If the man also happens to be a neighbor who borrowed the woman’s chain saw and never...

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P28

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Consisting largely of higher-ranking military judges, these courts exist for each branch of the military and have a total of 31 appellate military judges. At the next level, the Court of Military Appeals—composed of five civilian judges who. Any Last Words? The Evolution of the Court-Martial. T hroughout most of its 200-year history, the court-martial was the ogre of U.S....

Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P29

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protecting the grantee against all unlawful claims of others, including the grantor and third parties, who might attempt to effect an actual or CONSTRUCTIVE EVICTION of the grantee.. The sixth covenant, which is the covenant for further assurances, is not widely used in the United States. The first three covenants of title ordinarily do not run with the land, because...