To be liable for an intentional tort, the defendant must have acted voluntarily. The defendant intentionally caused harm to another person and knew the consequences of their actions, which is necessary to prove liability.
In the context of an intentional tort, acting voluntarily means that the defendant made a conscious decision to perform an action that resulted in harm to another person. This is different from acting unknowingly, which implies that the defendant was unaware of the consequences of their actions.
Acting quickly, in an informed manner, or as a reasonable person would under the same circumstances are not the primary factors in determining liability for an intentional tort.
In order for a defendant to be held liable for an intentional tort, there must be proof that they had the intent to cause harm or knew that their actions would likely result in harm.
This requires demonstrating that the defendant knew their actions were wrongful and chose to proceed with them anyway. Additionally, the plaintiff must show that the defendant's voluntary actions directly caused the harm they experienced.
In summary, for a defendant to be liable for an intentional tort, they must have acted voluntarily, meaning they made a conscious decision to engage in actions that resulted in harm to another person.
The defendant's knowledge of the potential harm and the direct link between their actions and the plaintiff's harm are essential factors in establishing liability.
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What are some of the prosecutor's duties? (3-4)
As the legal representative of the government, the prosecutor has several important duties. One of their main responsibilities is to review evidence and determine whether to file criminal charges against an individual.
They must also prepare and present cases in court, including questioning witnesses and making opening and closing statements. Additionally, prosecutors are responsible for negotiating plea bargains with defendants and their attorneys, which can result in a reduction of charges or sentence.
Finally, prosecutors also have a duty to protect the rights of victims and ensure that they receive justice and compensation for any harm they may have suffered. Overall, prosecutors play a crucial role in the criminal justice system, ensuring that laws are upheld and justice is served fairly.
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Assume a criminal grabs a student named Emily while she is walking home from class. The criminal tells Emily she will be killed unless she drives a car while the criminal robs a bank. Emily does so but is arrested by the cops shortly after the bank robbery. Emily's best defense is
Emily's best defense in this scenario would likely be duress or coercion.
Duress or coercion is a legal defense that can be used when a person is forced to commit a crime under the threat of death or serious bodily harm.
In this case, Emily was threatened with death unless she complied with the criminal's demands. She was under duress and had no choice but to drive the car while the criminal robbed the bank.
Emily's actions were not voluntary and were only taken to avoid harm to herself. As such, she may be able to use the defense of duress to argue that she should not be held responsible for the crime.
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Intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of:a. battery b. assaultc. defamation d. duresse. false imprisonment
The intentional conduct that places a person in fear of immediate bodily harm or offensive contact is the tort of b) assault. Assault occurs when someone intentionally puts another person in reasonable apprehension or fear of imminent bodily harm or offensive contact.
This means that the victim does not need to be physically touched or harmed for an assault to occur; the mere threat of harm or offensive contact is enough.
For example, if someone raises their fist at another person in a threatening manner, that can be considered an assault even if they do not actually strike the person. In contrast, battery requires actual physical contact and offensive contact, such as a harmful or unwanted touching.
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What does on a contingent fee basis mean?
A contingent fee basis, also known as a contingency fee, is a type of fee arrangement used in legal services. In this arrangement, the lawyer or law firm agrees to take on a client's case and only charges a fee if they are successful in obtaining a favorable outcome for the client.
If the case is unsuccessful, the lawyer or law firm does not receive a fee. Contingency fee arrangements are typically used in personal injury cases or other types of civil litigation where the client may not have the financial resources to pay for legal representation up front.
It allows clients to pursue legal action without the burden of paying high legal fees, and it incentivizes the lawyer to work hard to win the case since their compensation is tied to the outcome. The contingency fee is typically a percentage of the settlement or judgment awarded to the client.
The percentage varies depending on the complexity of the case, the amount of work involved, and the level of risk the lawyer is taking on by accepting the case. Before entering into a contingency fee agreement, clients should carefully review the terms and ask questions to ensure they understand the potential costs and risks involved.
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The focus of the Sedition Act of 1798 was to criminalize "any false, scandalous and malicious" statements about what?
The Sedition Act of 1798 was a controversial law passed by the United States Congress and signed into law by President John Adams.
The law aimed to suppress political opposition and criticism of the federal government during a time of heightened tensions with France. The act made it a crime to publish "any false, scandalous and malicious" statements about the federal government, including Congress, the president, and the judiciary.
The law was widely criticized as a violation of the First Amendment's of act protection of freedom of speech and the press, and several people were arrested and convicted under the law before it expired in 1801.
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The Texas anti-graffiti law is content neutral. This means that the nature or meaning of the markings are irrelevant to whether nor not a violation of the statute has occurred. The content-neutral approach is an effort to avoid allegations that the statute violates the:
The content-neutral approach prevents claims that the statute violates the First Amendment's protection of freedom of speech. If the law only targeted specific messages or expressions, it could be seen as discriminating against certain viewpoints or content.
The correct answer is First Amendment's protection of freedom of speech.
However, if the Texas anti-graffiti law were to discriminate based on the content of the markings, it would likely be considered unconstitutional under the First Amendment's protection of free speech. This is because the government cannot restrict speech based on its content, except in limited circumstances, such as when the speech is intended to incite violence or is a form of obscenity.
The Texas anti-graffiti law seeks to avoid any potential First Amendment violations by adopting a content-neutral approach. Instead, it focuses on the physical act of defacing property without regard to the content of the markings.
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Which law was signed into effect in 1966 and regulates who may own or sell certain animals, and animal living conditions?
The law signed into effect in 1966 that regulates who may own or sell certain animals and their living conditions is the Animal Welfare Act (AWA).
The AWA establishes guidelines for the proper care, housing, and treatment of animals, especially those used in research, exhibition, and transportation. It sets licensing requirements for dealers, breeders, and exhibitors to ensure the humane treatment of animals. The law also authorizes the United States Department of Agriculture (USDA) to inspect and enforce these regulations.
The AWA has been amended several times to expand its scope and improve animal welfare standards. In summary, the Animal Welfare Act of 1966 aims to protect the well-being of various animals while regulating the ownership and sale of certain species.
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TRUE/FALSE. When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court.
The statement "When arbitration is mandatory under a statute, the losing party generally can appeal from such arbitration to a court" is false because arbitration is designed to be a binding, cost-effective, and efficient alternative to traditional court litigation.
In cases where arbitration is mandatory under a statute, the losing party generally cannot appeal the arbitration decision to a court. The main reason for this is that arbitration is designed to be a binding, cost-effective, and efficient alternative to traditional court litigation.
By allowing parties to appeal arbitration decisions to courts, this purpose would be undermined, and the arbitration process would lose its efficiency and effectiveness. Arbitration decisions are typically final and binding on the parties involved, and courts are usually reluctant to intervene unless there are specific grounds for doing so.
Some possible grounds for appealing an arbitration decision to a court include:
1. Procedural irregularities: If there were serious procedural issues in the arbitration process, such as fraud or bias, a court might consider reviewing the decision.
2. Arbitrator exceeded their authority: If the arbitrator made a decision outside the scope of their authority, a court might consider reviewing the decision.
3. Violation of public policy: If the arbitration decision violates fundamental principles of justice or public policy, a court might consider reviewing the decision.
However, these grounds for appeal are limited and do not apply in every case. Overall, when arbitration is mandatory under a statute, it is generally not possible for the losing party to appeal the decision to a court.
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Intentional torts are based on:a. negligenceb. carelessnessc. willful misconduct d. assumption of care e. obsequiousness
Intentional torts are based on willful misconduct. Intentional torts refer to civil wrongs that occur when an individual intentionally causes harm or injury to another person.
This is different from negligence or carelessness, which involve unintentional actions that result in harm. Willful misconduct, or the deliberate and purposeful intent to cause injury or damage, is the foundation of intentional torts.
Some common examples of intentional torts include assault, battery, false imprisonment, defamation, and intentional infliction of emotional distress. In these cases, the defendant acts with the intent to cause harm, knowing that their actions will likely result in injury or damage to the plaintiff.
Assumption of care and obsequiousness are not relevant factors in determining intentional torts. Assumption of care refers to an individual voluntarily taking on responsibility for another person's well-being, while obsequiousness involves excessive submission or servile behavior.
In summary, intentional torts are based on willful misconduct, which is the deliberate intention to cause harm or injury to another person. This sets intentional torts apart from negligence or carelessness, which involve unintentional actions leading to harm. Assumption of care and obsequiousness are not relevant factors in determining intentional torts.
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Why would a prosecutor decide not to prosecute a case? (4-5)
A prosecutor may decide not to prosecute a case due to several factors. Insufficient evidence can make it difficult to prove guilt beyond a reasonable doubt, leading to a potential acquittal.
Additionally, the existence of credible alibis or witnesses could undermine the prosecution's case. Resource constraints might also play a role, as prosecuting a case with low chances of success could be seen as a waste of time and resources.
Finally, considerations of the public interest may influence the decision, as pursuing a case with minimal societal impact might not be a priority. In such situations, the prosecutor may opt for alternative resolutions, like plea bargains or diversion programs.
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which of the following types of crimes is most likely to produce the longest prison sentence? select an answer and submit. for keyboard navigation, use the up/down arrow keys to select an answer. a misdemeanor b civil offense c felony d contempt of court
Felony is the type of crime which is most likely to produce the longest prison sentence. The correct option is c.
Felonies are extreme crimes that are punishable by using imprisonment for multiple 12 months, and in some cases, existence imprisonment or the loss of life penalty. Misdemeanors are much less serious offenses that commonly carry a sentence of much less than three hundred and sixty five days in prison, while civil offenses typically bring about fines or different penalties in place of jail time.
Contempt of courtroom is a prison price which could result in fines or imprisonment, however typically does no longer carry a prolonged prison sentence. The correct option is c.
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The incorporation process (corporate governance) in the United States is currently regulated under state, rather than federal, law. under federal, rather than state, law. under both federal and state law. under local, state, and federal law.
The incorporation process (corporate governance) in the United States is currently regulated under state, rather than federal, law.
This means that each state has its own set of regulations and requirements for incorporating a business, such as filing articles of incorporation and obtaining a business license.
However, federal laws also come into play, such as tax laws and securities laws, that apply to all corporations regardless of the state in which they are incorporated.
Therefore, while the primary regulation of incorporation is under state law, federal laws also have a significant impact on the incorporation process and corporate governance in the United States.
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Is an element of Total Stopping Distance.a) Braking Distanceb) Reaction Distancec) Perception Distanced) All of the above are correct
All of the above options, braking distance, reaction distance, and perception distance, are elements of the total stopping distance. Drivers need to consider certain factors while driving to ensure they can stop their vehicle safely in any circumstance.
The total stopping distance is the distance a vehicle will travel from the moment a driver perceives a need to stop to the moment the vehicle comes to a complete stop. Perception distance is the distance traveled by a vehicle from the moment a driver perceives the need to stop to the moment the driver applies the brakes.
Reaction distance is the distance the vehicle travels from the moment the driver applies the brakes to the moment the vehicle comes to a complete stop. Braking distance is the distance the vehicle travels while the brakes are applied, from the moment the brakes are applied until the vehicle comes to a complete stop.
In summary, all of the above options are correct because they are all factors that contribute to the total stopping distance. Drivers should be aware of these elements and take them into account when driving to ensure they are able to stop their vehicle safely in any situation.
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If a person is being threatened with an attack, another person has the privilege to:a. defend the victim by shooting the attackerb. defend the victim by using reasonable force c. defend the victim by arresting the attacker d. all of the specific choicese. none of the specific choices
The answer is b. defend the victim by using reasonable force. In most cases, deadly force is only justified if the defender reasonably believes that such force is necessary to prevent imminent death or serious bodily harm to themselves or another person.
However, the use of force must be proportional to the threat faced by the defender. It means that the force used must not be excessive and should only be what is necessary to stop the attacker.
Additionally, it is important to note that citizens do not have the legal authority to arrest someone, as that is a task reserved for law enforcement officers. Therefore, options a and c are not valid. Finally, the answer is not d because the only specific choice that applies is b. Therefore, the correct answer is b. defend the victim by using reasonable force.
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what is right to be forgotten? question 48 options: european law empowering users to have personal information removed from the internet and disconnected from search engines, such as fcc law empowering users to have personal information removed from the internet and disconnected from search engines, such as ftc law empowering users to have personal information removed from the internet and disconnected from search engines, such as gdpr law empowering users to have personal information removed from the internet and disconnected from search engines, such as
The right to be forgotten refers to European law empowering users to have personal information removed from the internet and disconnected from search engines.
The "right to be Forgotten" offers customers the capacity to dispose of content material from public view. With a view to avoid appearing in searches on search engines, it gives a person the authority to ask that news articles, videos, or photos be taken down from internet records.
This clause is a part of the general statistics protection regulation (GDPR), which went into effect in may 2018. The law is designed to defend people's personal information with the aid of giving them the option to ask that outdated, wrong, or beside the point facts about themselves be eliminated from on-line sources.
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To establish the legal requirement of intent for an intentional tort:a. the wrongdoer must have known what he was doingb. the wrongdoer must have known that certain results could occurc. the wrongdoer must have known the possible consequences of his actd. all of the other specific choicese. none of the other specific choices
To establish the legal requirement of intent for an intentional tort: c. the wrong does must have known the possible consequences of his act.
What is the tort law's intent principle?Three fundamental rules govern all intentional torts: (1) intent is a requirement for liability; (2) each intentional tort must breach a distinct behavioral rule; and (3) all intentional torts require proof of the defendant's responsibility.
No actual harm must be done to the victim, but the actor must have planned to make an insulting or hurtful contact with them, and the victim must have been made aware of this intention immediately. In the context of an assault, "intention" denotes that the action was not accidental; the reason, however, is irrelevant.
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"(Round and round we go, all of us, and ever come back thither)"
This quote is from the novel "Ulysses" by James Joyce. It reflects the cyclical nature of life and the idea that despite our efforts to move forward, we inevitably end up back where we started.
The phrase "all of us" suggests that this cyclical nature is universal, affecting everyone regardless of social status, beliefs, or experiences. The idea that we are all subject to the same patterns and cycles can be seen as a levelling force that connects us all as humans.
The final word in the quote, "thither," means "to that place." This word can be interpreted as a metaphor for a final destination or endpoint that we are all moving towards, regardless of our paths or choices. It can be seen as a reminder that despite the repetitive nature of life, we are all headed towards some ultimate destination, whether a physical place or a symbolic one.
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If a person intends to act to cause a harmful or offensive contact, he is liable for the tort of:a. assault b. batteryc. defamationd. duresse. false imprisonment
If a person intends to act to cause a harmful or offensive contact, he is liable for the tort of battery. Battery refers to the intentional touching of another person in a harmful or offensive way without their consent. It is important to note that the intent to cause harm or offense is a crucial element in establishing liability for battery.
Assault, on the other hand, refers to the threat of harmful or offensive contact, but the actual contact need not occur for liability to be established.
Defamation refers to false statements made about another person that harm their reputation, while duress refers to coercion or threats used to force someone to do something against their will. False imprisonment involves the unlawful confinement of a person against their will.
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TRUE/FALSE. A motion for a directed verdict occurs immediately after the last pleading is filed.
False, A motion for a directed verdict occurs after the plaintiff has presented their case and the defendant can argue that there is no need for the case to continue because the plaintiff has not presented enough evidence to support their claim.
This typically occurs during a trial, not immediately after the last pleading is filed. It is a request for the judge to rule in favor of the moving party because the opposing party has not presented enough evidence to support their claim or has failed to prove an essential element of their case.
The motion does not occur immediately after the last pleading is filed, as it happens during the trial itself.
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Joe hands Mary a note he wrote that calls her terrible names, accuses her of horrible personal acts, and all sorts of other nonsense. Mary can bring a successful suit for:a. libelb. slanderc. defamation d. batterye. none of the other choices
Answer:
Mary can bring a successful suit for defamation.
Defamation is a legal term that refers to any false statement that harms a person's reputation. It includes both libel and slander. Libel refers to written defamation, while slander refers to spoken defamation.
In this scenario, Joe handed Mary a note that contained false and harmful statements about her, which can be considered libelous. Therefore, Mary can bring a successful suit for defamation.
Explanation:
In the transfer of a lease from a tenant T to a subtenant T1, there was a covenant whereby T1 "agreed to pay the rents" reserved in the original lease. What rights does L have against T1?
In a lease transfer from Tenant T to Subtenant T1, where T1 has agreed to pay the rents reserved in the original lease, L (the landlord) has the right to hold T1 responsible for the payment of rent.
The covenant between T1 and L is a direct covenant, which means that L has the right to enforce it against T1. The covenant to pay the rents means that T1 has assumed the obligation to pay rent in the same way that Tenant T was obligated to pay rent under the original lease.
Therefore, L can pursue legal action against T1 to recover unpaid rent, just as L could have pursued legal action against Tenant T if they had failed to pay rent.
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Alan was recently paid by Tracy for work Alan performed at Tracy's house. Tracy writes a check to Alan for $1,000. Before cashing the check at his bank, Alan adds a zero to make the check read $10,000 instead of $1,000. Based upon these facts alone, Alan may have committed the crime of
Alan may have committed the crime of check fraud or forgery, which is a serious criminal offense.
By altering the check, Alan has attempted to deceive the bank into believing that Tracy authorized a payment of $10,000, which is not true. This type of action is illegal and can result in criminal charges and legal consequences.
Specifically, altering a check with the intent to defraud or deceive is considered a type of forgery or fraud, and it can be charged as a felony offense.
The severity of the offense and the potential penalties depend on several factors, including the amount of money involved, the intent of the defendant, and the jurisdiction where the offense occurred.
Therefore, Alan's action of altering the check by adding a zero to increase the amount payable from $1,000 to $10,000 can be considered as a crime of check fraud or forgery.
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Is an expert required to disclose, in connection with her opinion testimony, the facts on which she relied in forming her opinion?
Yes, an expert is generally required to disclose the facts on which they relied in forming their opinion as part of their testimony.
This is because the credibility and reliability of an expert's opinion depends on the foundation of factual information they used to reach their conclusions. In court cases, experts are often asked to submit written reports detailing their opinions and the basis for them.
This report must include the facts and data that the expert used, as well as any assumptions or limitations. During their testimony, the expert may be asked to explain how they arrived at their conclusions and provide further details about the facts they relied upon.
Failure to disclose this information could result in the expert's opinion being disregarded by the court as unreliable or irrelevant.
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The tort of emotional distress protects:a. physical wellbeing b. mental healthc. peace of mindd. mental developmente. all these interests are protected by the tort of emotional distress
The tort of emotional distress primarily protects an individual's mental health and peace of mind. Therefore, options B and C are correct.
The tort of emotional distress is a legal concept that provides individuals with protection against severe emotional harm. It allows them to seek legal recourse if they have suffered emotional distress due to someone else's negligent or intentional conduct.
The primary focus of this tort is to protect an individual's mental health and peace of mind, which are essential components of their overall well-being.
Emotional distress can cause anxiety, depression, trauma, and other psychological conditions that can negatively impact a person's life.
While emotional distress may also affect physical wellbeing and mental development, the primary goal of this tort is to provide legal protection for emotional and psychological harm.
Overall, the tort of emotional distress aims to hold accountable those who cause severe emotional harm to others and provide remedies for the injured party.
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What are some of the other actors present in the courtroom that we discussed in class?
In addition to the judge, prosecutor, and defense attorney, there are several other actors present in the courtroom. The bailiff is responsible for maintaining order and security in the courtroom.
Court reporters record everything that is said during the trial for the record. Witnesses are called to testify and provide evidence to support their side of the case. The jury, if present, is responsible for weighing the evidence presented and reaching a verdict.
Court interpreters may also be present to assist with communication if a party or witness does not speak the language of the court. Finally, members of the public, including family and friends of the parties involved, may attend the trial as spectators.
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Tort law makes every individual:a. responsible for every injury related to actions b. responsible for injuries that they witnessc. responsible for injuries that they cause, but could not prevent d. all of the other specific choicese. none of the other specific choices
Tort law makes every individual responsible for injuries that they cause, but could not prevent. option (c)
Tort law is a branch of civil law that deals with legal claims arising from harm caused by one person to another. Under tort law, individuals are held responsible for the injuries they cause to others, including harm caused by their actions, omissions, or negligence. This means that if an individual's actions lead to harm or injury to another person, they may be held liable for damages.
However, tort law does not make individuals responsible for every injury related to actions or injuries that they witness. Instead, liability is based on causation, meaning that individuals are responsible for injuries they cause or contribute to, but not for injuries that they could not prevent or have no connection to. Therefore, option (c) is the most accurate choice.
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give brief overview on judicial appointments commission
The Judicial Appointments Commission (JAC) is an independent body established in England and Wales to oversee the appointment of judges. It was created under the Constitutional Reform Act 2005 and started operating in 2006.
The JAC is responsible for selecting candidates for judicial office, including appointing judges to the High Court, Court of Appeal, and Supreme Court. It also has a role in appointing some tribunal judges. The Commission comprises a chairman, a deputy chairman, and 14 other members. Its members come from diverse backgrounds and include both lawyers and non-lawyers.
The Commission's role is to ensure that appointments to the judiciary are made on merit, based on an objective assessment of each candidate's qualifications, experience, and personal qualities. The JAC's selection process is designed to be fair, transparent, and inclusive.
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when has an act to infringe our liberties been rejected by parliament?
An act to infringe our liberties has been rejected by Parliament many times. In 1776, the British Parliament rejected an act that would have allowed American colonies to be taxed without their consent.
In 1791, the British Parliament rejected an act to extend the term of the Prime Minister, which was seen as an infringement of the people’s right to vote. In 1832, Parliament rejected the Reform Act, which would have given the vote to the working class, thus infringing on the rights of the wealthy.
In 1834, Parliament rejected an act that would have allowed the government to detain people without trial, again infringing on civil liberties. In 1836, Parliament rejected an act that would have allowed the government to limit public assembly and freedom of speech, once more infringing on civil liberties.
Finally, in 2018, Parliament rejected the Internal Market bill, which would have allowed the government to breach international law and override parts of the Brexit withdrawal agreement. This act would have infringed on the liberties of people living in Northern Ireland.
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O conveys Greenacre "to A and her heirs" A's only child, B is a spendthrift and runs up large, unpaid bills. B's Creditors can attach B's property to satisfy their claim. Does B have an interest in Greenacres reachable by creditors?
Based on the given information, First, until death, no one was aware of descendants. Second, the words "and his heirs" simply specify the form of transaction.
If no one makes a claim, ownership is subject to a legal principle called escheat. In this instance, it is either withdrawn or returned to the government.
No. The first is that until death, no one has known children. Second, "and his heirs" just indicates the form of transaction in question.No, not until A passes away is B an official heir.
B has no legal interests—she merely has an intention. The sale of the property by A cannot be stopped by B after death.
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DD 93 - Record of Emergency Data
- This aper form is only temporary, it does not serve or replace the NAPPERS 1070/602; the info provided on the DD 93 does not post to the Navy database.
The DD Form 93 is a Department of Defense form used to record emergency contact information and other vital data such as medical information, legal representation, and service members' preference for the disposition of remains.
Service members typically complete this form. It ensures that their emergency contact information is up-to-date and easily accessible during an emergency. While the DD Form 93 is an essential document for service members, it is not intended to replace other personnel records such as the NAPPERS 1070/602.
Additionally, the information on the DD Form 93 may not necessarily be entered into a Navy database, although it may be used to update other records as necessary. It's worth noting that the specific requirements and procedures for completing the DD Form 93 may vary depending on the service branch and individual unit. Service members should consult with their unit's personnel office or command for more information on completing this form.
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