Sumit Jain (CA) (4760 Points)
26 May 2009A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. For example, in criminal cases, affidavits are often used by police officers seeking to convince courts to grant a warrant to make an arrest or a search. In civil cases, affidavits of witnesses are often used to support motions for summary judgment.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
A meeting of the minds. An agreement is made when two people reach an understanding about a particular issue, including their obligations, duties and rights. While agreement is sometimes used to mean contract -- a legally binding oral or written agreement -- it is actually a broader term, including understandings that might not rise to the level of a legally binding contract
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
To state, recite, assert, claim, maintain, charge or set forth. To make an allegation.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
Asserted to be true as depicted or a person who is accused but has not yet been tried in court.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
In law, an appeal is a process for requesting a formal change to an official decision.
The specific procedures for appealing, including even whether there is a right of appeal from a particular type of decision, can vary greatly from country to country. Even within a jurisdiction, the nature of an appeal can vary greatly depending on the type of case.
An appellate court is a court that hears cases on appeal from another court. Depending on the particular legal rules that apply to each circumstance, a party to a court case who is unhappy with the result might be able to challenge that result in an appellate court on specific grounds. These grounds typically could include errors of law, fact, or procedure (in the United States, due process).
In different jurisdictions, appellate courts are also called appeals courts, courts of appeals, superior courts, or supreme courts.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
A party to a lawsuit who appeals a losing decision to a higher court in an effort to have it modified or reversed.
A higher court that reviews the decision of a lower court when a losing party files for an appeal.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
A non-court procedure for resolving disputes using one or more neutral third parties -- called the arbitrator or arbitration panel. Arbitration uses rules of evidence and procedure that are less formal than those followed in trial courts, which usually leads to a faster, less-expensive resolution. There are many types of arbitration in common use: Binding arbitration is similar to a court proceeding in that the arbitrator has the power to impose a decision, although this is sometimes limited by agreement -- for example, in "hi-lo arbitration" the parties may agree in advance to a maximum and minimum award. In non-binding arbitration, the arbitrator can recommend but not impose a decision. Many contracts -- including those imposed on customers by many financial and healthcare organizations -- require mandatory arbitration in the event of a dispute. This may be reasonable when the arbitrator really is neutral, but is justifiably criticized when the large company that writes the contract is able to influence the choice of the arbitrator.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
A person to whom a property right is transferred. For example, an assignee may take over a lease from a tenant who wants to permanently move out before the lease expires. The assignee takes control of the property and assumes all the legal rights and responsibilities of the tenant, including payment of rent. However, the original tenant remains legally responsible if the assignee fails to pay the rent.
A transfer of property rights from one person to another, called the assignee.
The unconditional transfer of all rights contained in a copyright from the owner to another person or entity.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
The act of watching someone sign a legal document, such as a will or power of attorney, and then signing your own name as a witness. When you witness a document in this way, you are attesting -- that is, stating and confirming -- that the person whom you watched sign the document in fact did so. Attesting to a document does not mean that you are vouching for its accuracy or truthfulness. You are only acknowledging that you watched it being signed by the person whose name is on the signature line.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
An examination of the financial records of a person, business, or organization, typically done to correct careless or improper bookkeeping or to verify that proper records are being kept. Businesses and nonprofits often undergo an annual audit by an independent accounting firm. The IRS also conducts audits, mainly to assess taxes owed.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
In law, bifurcation is a judge's ability to divide a trial into two parts so as to render a judgment on a set of legal issues without looking at all aspects. Frequently, civil cases are bifurcated into separate liability and damages proceedings. Criminal trials are also often bifurcated into guilt and sentencing phases, particularly in capital cases.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
Breach of contract is a legal concept in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance.
A legal claim that one party failed to perform as required under a valid agreement with the other party. For example you might say, "The roofer breached our contract by using substandard supplies when he repaired my roof."
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
Let the purchaser beware.
Let the seller beware.
Sumit Jain
(CA)
(4760 Points)
Replied 26 May 2009
Coercion is the practice of compelling a person or manipulating them to behave in an involuntary way (whether through action or inaction) by use of threats, intimidation, trickery, or some other form of pressure or force. These are used as leverage, to force the victim to act in the desired way. Coercion may involve the actual infliction of physical pain/injury or psychological harm in order to enhance the credibility of a threat. The threat of further harm may then lead to the cooperation or obedience of the person being coerced. Torture is one of the most extreme examples of coercion i.e. severe pain is inflicted on victims until they give interrogators the desired information.
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