An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can bre... (more...)

An unforeseen and uncontrollable event that excuses a party to a contract from performing his or her duties under that contract. For example, a landlord can break a lease if the property she agreed to rent accidentally burns down before the tenants move in.

INDEPENDENT CONTRACTOR

A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control ... (more...)

A legal category of worker defined by the Internal Revenue Service. The key to the definition is that, unlike employees, independent contractors retain control over how the work they are hired to do gets done; the person or company paying the independent contractor controls only the outcome--the product or service.

PROPERTY

See personal property, real estate, community property, separate property.

RESTRAINT ON ALIENATION

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it... (more...)

A provision in a deed or will that attempts to restrict ownership of the property -- for example, selling your house to your daughter with the provision that it never be sold to anyone outside the family. These provisions are generally unenforceable.

REAL PROPERTY

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that... (more...)

Another term for real estate. It includes land and things permanently attached to the land, such as trees, buildings, and stationary mobile homes. Anything that is not real property is termed personal property.

ENCROACHMENT

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of... (more...)

The building of a structure entirely or partly on a neighbor's property. Encroachment may occur due to faulty surveying or sheer obstreperousness on the part of the builder. Solutions range from paying the rightful property owner for the use of the property to the court-ordered removal of the structure.

SEIZURE

The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a ro... (more...)

The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.

LIQUID ASSETS

Business property that can be quickly and easily converted into cash, such as stock, bank accounts and accounts receivable.

SAMPLE LEGAL CASES

State v. Sweat

... The circuit court specifically rejected the State's interpretation of the statute, finding such a reading would contravene the statutory construction rule that a court must follow a specific provision over general language in the statute. Thus, "applying the specific statutory provisions . ...

Eagle Container Co., LLC v. County of Newberry

... path. [2] Issues involving the construction of ordinances are reviewed as a matter of law under a broader standard of review than is applied in reviewing issues of fact. Sea Island Scenic Parkway Coalition v. Beaufort County Bd. ...

Harris v. Anderson County Sheriff's Office

... B. "The cardinal rule of statutory construction is to ascertain and effectuate the intent of the [L]egislature." Hodges v. Rainey, 341 SC 79, 85, 533 SE2d 578, 581 (2000). ... Traditional principles of statutory construction bolster this interpretation. ...

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LEGAL TERMS

TESTAMENTARY DISPOSITION

COMMERCIAL FRUSTRATION

INDEPENDENT CONTRACTOR

PROPERTY

RESTRAINT ON ALIENATION

REAL PROPERTY

ENCROACHMENT

SEIZURE

LIQUID ASSETS

SAMPLE LEGAL CASES

State v. Sweat

Eagle Container Co., LLC v. County of Newberry

Harris v. Anderson County Sheriff's Office

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