Hmong Legal Glossary

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Questions and Answers

What action might be considered abandonment?

  • A parent provides minimal supervision due to work constraints.
  • A parent reduces financial support due to unexpected job loss.
  • A parent leaves a child without adequate support or supervision for an extended period (correct)
  • Parents decide to send their child to boarding school.

What generally defines an "Abstract of Title"?

  • Legal arguments about property rights.
  • Detailed architectural plans for renovations or improvements.
  • A chronological summary of official records affecting the ownership of a real property. (correct)
  • Historical documents relating to the personal history of the property owners.

In legal terms, who is considered an 'accomplice'?

  • A person who offers moral support to someone planning a crime.
  • A person who unknowingly benefits from a crime.
  • A person is indirectly involved through family ties with the offender.
  • A person who knowingly and intentionally assists in the commission of a crime. (correct)

What constitutes 'accord and satisfaction' in resolving claims?

<p>An agreement by parties to accept something in settlement of a claim, discharging the original obligation. (D)</p> Signup and view all the answers

What condition must be met for an action to be considered an 'admissible evidence'?

<p>Evidence is properly and legally presented in court. (D)</p> Signup and view all the answers

How does an 'acquittal' affect a defendant's legal status?

<p>The defendant is formally pronounced not guilty, freeing them from the accusation. (C)</p> Signup and view all the answers

In legal terms, what distinguishes an 'action in personam' from 'action in rem'?

<p>One is against a person based on their liability, while the other is for recovery of specific property. (B)</p> Signup and view all the answers

In a legal context, what does 'ad litem' typically signify?

<p>A guardian appointed by the court to protect the interests of a minor or incompetent person in a lawsuit. (B)</p> Signup and view all the answers

What is the role of the 'administrator' of an estate?

<p>They manage the financial matters and assets of a deceased individual who did not leave a will. (C)</p> Signup and view all the answers

How does 'advisement of rights' protect an accused individual?

<p>The accused receives a clear explanation of their constitutional rights. (C)</p> Signup and view all the answers

What is the role of an 'affiant'?

<p>Signer of an affidavit. (D)</p> Signup and view all the answers

In court, what does it mean when something is 'affirmed'?

<p>The trial court's original decision is correct. (A)</p> Signup and view all the answers

What differentiates 'aggravated assault' from simple assault?

<p>The severity and circumstances, such as use of a deadly weapon. (C)</p> Signup and view all the answers

How do 'aggravating factors' impact a criminal sentence?

<p>They can increase the severity of the offense or its consequences. (D)</p> Signup and view all the answers

What is the key component of an 'agreed statement of facts'?

<p>Its truth and accuracy are stipulated by all parties involved. (D)</p> Signup and view all the answers

What does the legal term 'aid and abet' constitute?

<p>Helping facilitate the commission of a crime. (C)</p> Signup and view all the answers

An 'Alford plea' has what key characteristic?

<p>The defendant acknowledges the evidence is sufficient for conviction, without admitting guilt. (D)</p> Signup and view all the answers

What is meant by the term 'allegation' in legal context?

<p>Assertions of what a party intends to prove. (A)</p> Signup and view all the answers

What is the purpose of an 'allocution'?

<p>To allow a defendant to present reasons for a lesser punishment. (A)</p> Signup and view all the answers

What is the purpose of alternative dispute resolutions?

<p>To settle legal disputes without a full formal trail (A)</p> Signup and view all the answers

What is the primary action undertaken when one amends?

<p>To change something and improve it. (B)</p> Signup and view all the answers

What best describes amicus curiae?

<p>A latin friend of the court who offers info or a point of the law. (B)</p> Signup and view all the answers

What is the purpose of an 'Annual Review' in juvenile courts?

<p>To determine the need for continued judicial supervision of a child. (D)</p> Signup and view all the answers

When a defendant makes 'answer', what are they doing?

<p>Responding to the plantiff's allegations in a complaint. (B)</p> Signup and view all the answers

What are the implications of entering an 'appearance' in court proceedings?

<p>A party is officially recognized, either representing themselves or through legal counsel. (D)</p> Signup and view all the answers

What is one of the key distinctions about 'Arbitration'?

<p>It's a thrid aprty that creates resolutions agreeable by both parties. (A)</p> Signup and view all the answers

What is an "arraignment"?

<p>Where and when a person accused of a crime is brought to court to enter a plea.. (D)</p> Signup and view all the answers

Arrearages consists of?

<p>A monetary charge. (A)</p> Signup and view all the answers

What are examples of "Assumption of risk?"

<p>A personal injury defense. (C)</p> Signup and view all the answers

What is Attachment?

<p>A way to get one persons property to make up for a debt. (D)</p> Signup and view all the answers

What's the best summarization of attestation?

<p>Give a certification for something. (B)</p> Signup and view all the answers

How can Automobil tampering be described?

<p>Interference with an otomobil for a specific purpose. (D)</p> Signup and view all the answers

What does it mean to have bail be forfeitted?

<p>The court keeps since a court oder wasn't followed (C)</p> Signup and view all the answers

What best describes what a bankrupt status?

<p>Its when a perosn cannot pa their bills (B)</p> Signup and view all the answers

What does 'Beyond resonable doubt consist of?

<p>Clear and Convicing evidence. (B)</p> Signup and view all the answers

What best means Bias?

<p>The inclination to side with one side, not being objective (C)</p> Signup and view all the answers

A Bigany results from what action?

<p>Marrying more than one person at a time. (A)</p> Signup and view all the answers

What must officials do when binding over?

<p>Show that the accused committed a crime. (A)</p> Signup and view all the answers

Binding Instructions involves what action?

<p>If something is found to be true, the plaintiff has to be found to the defendant. (A)</p> Signup and view all the answers

An activity of unlawful demand is:

<p>Blackmail. (A)</p> Signup and view all the answers

Flashcards

Abandonment

A parent's or custodian's act of leaving a child without adequate care for an excessive period.

Abatement of Action

A suit which has been quashed and ended.

Abstract

A summary of a larger work, containing the principal ideas.

Abstract of Title

A chronological summary of records affecting the title of real property.

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Accessory

A person who aids or contributes in the commission of a crime.

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Accomplice

One who knowingly unites with the principal offender in the commission of a crime.

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Accord

A satisfaction agreed upon that bars subsequent actions on the claim.

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Accord and Satisfaction

A method of discharging a claim by agreement to give and accept something in settlement.

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Accusation

A formal charge that a person has engaged in a punishable offense.

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Accuse

To allege that a person committed a crime.

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Accused

The generic name for the defendant in a criminal case.

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Acknowledgment

(1) Acceptance of responsibility. (2) Declaration that a legal paper was duly executed.

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Acquit

To legally certify the innocence of one charged with a crime; acquitting them.

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Acquittal

In criminal law, a finding of not guilty.

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Action in Personam

An action against the person, founded on a personal liability.

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Action in Rem

Proceeding against the thing, usually involving property.

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Ad Litem

For the purposes of the lawsuit.

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Additur

An increase by a judge in the amount of damages awarded by a jury.

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Adjournment

Postponement of a court session.

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Adjudicate

To determine finally.

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Adjudication

Giving or pronouncing a judgment or decree.

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Administrator

One who administers the estate of a person who dies without a will.

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Admissible

Pertinent and proper to be considered in reaching a decision.

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Admissible Evidence

Evidence that can be legally and properly introduced in a civil or criminal trial.

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Admission

Voluntary acknowledgment of certain facts relevant to the adversary's case.

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Admonish

To advise or caution.

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Adoption

Taking into one's family the child of another.

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Adultery

Voluntary coitus between a married person and someone not their spouse.

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Adversary System

Trial method based on the belief that truth is determined through full, opposing presentations.

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Advisement of Rights

Providing someone accused with explanations of rights.

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Affiant

A person who makes and signs an affidavit.

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Affidavit

A written statement of facts confirmed by oath.

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Affirmative Defense

Raising circumstances to avoid responsibility without denying the charge.

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Affirmed

In appellate courts, the trial court decision stands.

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Afford

Making available.

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Agent

One who has authority to act for another.

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Aggravated Assault

Attempt to cause or purposefully causing serious bodily injury to another.

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Aggravated Battery

Unlawful force with unusual consequences or use of a dangerous weapon.

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Aggravating Factors

Factors increasing crime seriousness or its consequences.

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Agreed Statement of Facts

A statement of all important facts agreed to be true and correct.

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Agreement

A mutual understanding and intention between two or more parties.

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Study Notes

  • This is Hmong Legal Glossary.

A

  • Abandonment involves a parent or custodian leaving a child without adequate care for an excessive period, or one spouse deserting the other to end the marriage.
  • Abatement of Action signifies a quashed and ended lawsuit.
  • Abstract is a summary containing the principal ideas of a larger work.
  • Abstract of Record refers to a short, abbreviated form of a case as found in the record.
  • Abstract of Title is a chronological summary of official records affecting the title of real property.
  • Accessory is someone who aids or contributes to the commission of a crime.
  • Accomplice is someone who knowingly and intentionally unites with the principal offender in a crime.
  • Accord represents a satisfaction agreed upon in a lawsuit, barring subsequent actions on the claim.
  • Accord and Satisfaction describes a method of discharging a claim upon agreement to give and accept something in settlement.
  • Accusation represents a formal charge against someone for engaging in a punishable offense.
  • Accuse means to allege that a person committed a crime or punishable offense.
  • Accused is the generic name for the defendant in a criminal case.

A cont...

  • Acknowledgment is a statement of acceptance of responsibility or a declaration showing a paper was duly executed.
  • Acquit means to legally certify the innocence of someone charged with a crime or to release from an obligation.
  • Acquittal is a finding of not guilty in criminal law or a release from an obligation in contract law.
  • Action in Personam is an action against the person, founded on personal liability, unlike action in rem.
  • Action in Rem is a proceeding against a thing, often involving property, as compared to personal actions.
  • Ad Litem is a Latin term meaning "for the purposes of the lawsuit", such as a guardian ad litem protecting a minor's interests.
  • Additur is an increase by a judge in the damages awarded by a jury.
  • Adjournment means postponement of a court session.
  • Adjudicate means to determine finally.
  • Adjudication is the giving or pronouncing of a judgment or decree.
  • Administrator is someone who manages the estate of a person who dies without a will.
  • Admissible means pertinent and proper for consideration in reaching a decision.

A cont...

  • Admissible Evidence includes evidence that can be legally and properly introduced in a trial.
  • Admission is a voluntary acknowledgment of facts relevant to the adversary's case.
  • Admonish means to advise or caution, such as a court cautioning counsel for wrong practices.
  • Adoption is the act of taking another's child into one's own family, granting the child the same rights as a biological child.
  • Adultery is voluntary sexual intercourse between a married person and someone who is not their spouse.
  • Adversary System refers to the trial method used in the U.S., which allows opposing parties to present evidence and cross-examine.
  • Advisement of Rights involves providing an accused with an explanation of their constitutional or other rights.
  • Affiant is a person who makes and signs an affidavit.
  • Affidavit is a written statement of facts confirmed by oath, often used to convince courts or support motions.
  • Affirmative Defense involves raising circumstances like insanity or self-defense to avoid responsibility without denying the charge.
  • Affirmed means, in appellate courts, that the trial court's decision is correct.

A cont...

  • Afford means to make available.
  • Agent is someone with authority to act for another.
  • Aggravated Assault involves an attempt to cause serious bodily injury or causing injury with a deadly weapon.
  • Aggravated Battery is the unlawful use of force against another with unusual or serious consequences.
  • Aggravating Factors increase the seriousness of an offense or its injurious consequences.
  • Agreed Statement of Facts signifies a statement of all important facts agreed upon by all parties, submitted to a court for ruling.
  • Agreement is a mutual understanding between parties, evidenced by a writing or instrument.
  • Aid and Abet means to help, assist, or facilitate the commission of a crime.
  • Alcoholism is the continued excessive or uncontrolled use of alcoholic drinks.
  • Alford Plea is a special type of guilty plea where the defendant doesn't admit guilt but concedes sufficient evidence for conviction.
  • Alibi represents a defense claim stating the accused was elsewhere when a crime was committed.

A cont...

  • Alimony is a court-ordered allowance one spouse pays the other for maintenance during or after divorce.
  • Allegation is the assertion of a party in an action, outlining what they expect to prove.
  • Allege means to state, assert, claim, maintain, charge, or set forth.
  • Alleged means asserted to be true as depicted or a person who is accused but not yet tried in court.
  • Allocution is a defendant's statement in mitigation of punishment.
  • Alternative Dispute Resolution (ADR) involves settling disputes without a full trial.
  • Amend means to change, correct, revise, or alter.
  • Amendment signifies the correction of an error admitted in any process.
  • Amicus Curiae is Latin for "A friend of the court", someone who volunteers information to assist the court.
  • Annotation signifies a case summary or commentary on law, statutes, and rules.
  • Annual Review is a yearly judicial review in juvenile dependency cases.
  • Answer represents the defendant's response to allegations in a complaint.

A cont...

  • Appeal is a request made after a trial, asking another court to decide if it was conducted properly.
  • Appearance means coming into court as a party, interested person or a lawyer.
  • Appellant is the party appealing a final decision or judgment.
  • Appellate Court has the jurisdiction to hear appeals and review trial court procedures.
  • Appellate Jurisdiction gives the appellate court to review and revise the lower court decision.
  • Appellee is the party against whom an appeal is taken, also known as a respondent.
  • Appraisal signifies an estimate of the value of property or items by an expert.
  • Arbitration is the referral of a dispute to an impartial third person whose award is agreed to be binding.
  • Argument includes remarks addressed by attorneys to a judge or jury on the merits of the case.
  • Arraignment represents a proceeding where the accused pleads to criminal charges in court.
  • Arrearages signifies overdue and unpaid money for alimony and/or child support.
  • Arrest means depriving a person of their liberty by legal authority.

A cont...

  • Arrest of Judgment means postponing the effect of a judgment already entered.
  • Arson is the malicious burning of someone else's or one's own dwelling or commercial property.
  • Assault includes any willful attempt or threat to cause injury, giving the victim reason to fear immediate bodily harm.
  • Assault With a Deadly Weapon is an aggravated unlawful assault involving a threat to do bodily harm using a dangerous instrument.
  • Assumption of Risk, in tort law, states that the plaintiff is assumed to have known about the risk of a dangerous condition that caused injury.
  • At issue is the time in a lawsuit when the pleading party has stated claim and the opposing party responded with the denial.
  • Attachment represents taking a person's property to satisfy a court-ordered debt.
  • Attempt signifies a criminal act carried beyond preparation, lacking execution.
  • Attest means to bear witness to, affirm to be true, or certify.
  • Attorney is an attorney at law, lawyer, or counselor at law.
  • Attorney of Record is the lawyer who represents a client and receives formal documents.
  • Attorney-In-Fact is a private person authorized by another to act in their place.
  • Authenticate means to give authority or legal authenticity to a statute, record, or other written instrument.
  • Auto Tampering signifies the manipulation of an automobile and its parts improperly.

B

  • Bail includes money or other security ensuring a person's appearance court after release from jail.
  • Bail Bond signifies an obligation signed by the accused to secure their presence at the trial.
  • Bail Bondsman is the person who is liable for paying the accused's bail for their release from jail.
  • Bail Forfeiture means Bail that is kept by the court because a court order was not followed.
  • Bailiff is the court officer in charge of managing court sessions and having custody of the jury for a trial.
  • Bankrupt indicates a status of a person unable to pay their debts as they are become due.
  • Bankruptcy involves statues and judicial proceedings for businesses or persons that need assistance restarting after not being able to pay debts.
  • Bar is the partition separating the general public from the space occupied by judges, lawyers, or others participating in a trial.
  • Bar Examination signifies the examination that prospective lawyers must take in order to admit and become licensed to practice the law.
  • Battered Child Syndrome (B.C.S.) describes the physical condition that a child is with external or internal injuries caused by parental acts.
  • Battery signifies a use of force to person without their consent.

B cont...

  • Battery, Spousal signifies Use of force on one's spouse without their consent.
  • Bench denotes the seat occupied by the judges in the courts.
  • Bench Conference is a meeting on/off the record for judges, lawyers, or the defendent when judgement.
  • Bench Trial signifies a trial without a jury where the facts decide the judgement.
  • Bench Warrant means an arrest order placed by a judgement for the arrest of said person for the law.
  • Beneficiary signifies receipt of property in a will, in a trust.
  • Bequeath means to give a gift to someone through a will.
  • Bequests indicates Gifts that are in a Will.
  • Best Evidence signifies evidence that is available and on hand.
  • Beyond Reasonabl Doubt: see REASONABLE DOUBT.
  • Bias signifies Opinion that is created before hand or pre determination of an disision or certain way.

B cont...

  • Bifurcate signifies issues tried and separated, including guilty, responsibility, civil action.
  • Bigamy signifies Married to more then one person at the same time.
  • Bill of particulars signifies A statement of details made before the court made aginst the defensents.
  • Bind over: signfiies A person is in court to have their right to bail or being in jail.
  • Blackmail: signifies unlawfull demans for money, or accusations.
  • Blood Alcohol Content: Signifies level of a person's body for determining the amount of intoxication.
  • Blood Test: means test done to determining fater of the child.
  • Body Attachemnt: Signfiies A court that gives written direction officer of court to bring personal to custody, brining them beofre the court.
  • Bond Signfies Evidnece Certifcate or dept, use changebaly will use bail and bail bonds
  • Booking Signfies Proccess of recodings the dat on suspoect, finger prints, and info.
  • Booking Number: Number assigned to criminal record.
  • Bookmaking: collecting bets with the intentions winning in the end.
  • Brandishing A Weapon: Signfies wepon that have threaten weapon that cause harm.
  • Breach: signifies brealkin of violating the law in some way to cause harm or braking to other.

C

  • Breaking and Entering: signify breaking into a dwelling at night with the intentions to hurt.
  • Breathalyzer Test: Signfies alcohol level when driving any vehicle.
  • Bribe Signfies value that is is givin to a personal that will get something for the action of the service.
  • Brief a sentent that counsel creates and argument the court.
  • Burden Of Proof: Signfies a duty establish in to all level the court.
  • Burglary signifies illegal reminaing after the break in or action to to have that affect.
  • Calendar Signifies A sheudled actions plans.
  • Calling The Docket : signify what to list time that the court would sit again on a matter
  • Capais or also WARRANT.
  • Capital crime signifies crime punishable that is from deth.
  • Capital punishment Signfies Punsihment with deth.
  • Caption signfies a heading in the legal document that provides the necessary information for a leagal matter

C cont...

  • Case: Signifies a leagal matter for action.
  • Case Law Signigies to use of law based on prevous judgemntns by the court.
  • Cass Number signifues number assigned by the court to a case.
  • Causation: Action that brings an effect. Signfies actions done for any reason of justice before the law.
  • Ceveat: Signfiies an action that can end bad conduct against a person.
  • Ceveat Emptior: Signfies for the buyer to let them self be wear. and is a warning action.
  • Cease and Desist Order: signify a admin order or agency thjat stop a perspn from causeing harm.
  • Certication:
  • 1 written attestation 2 signfies Authrozed that an item verified is orogmal.
  • Certified is attsed to show that it of true for to any thing. -Certiorari: Sighfies means the court to review what a certain thing is. And then allow of change or alteration.

C cont...

Chain of Custody- Signfies the acconutting of the where abouts to the tangible items.

  • Challenger : signies an objection, like when and attornies is seated and what to do.
  • Challeng for casue: signify object to sitting for reason with judge descision.
  • Challeng to array signfiers a question about the jery and questions of partial action.
  • Chambers : signfies the room of law from the offces of personal.
  • Champ of venue : signify the transder. and moving from place to other.
  • Champerty: Signfies the act of an atty buying other law suits.
  • Charcter evidnce: Signfiies what evednece does and is useing to help.
  • Charges Sighfies a fromal allegation steps for some one.
  • Charge to jury signs an interuptation jduge gives for facts in tryal.
  • Charging Documents : sigines a wrriten accusation that has offense or a crime. has citation for it.

C cont...

  • Chief judge - Sigfiies the presdieng adminsiterd.
  • Child Abuse - form cruelty wellnes of the minds.
  • MOLESTATION- form of indencet conduct wuth a minor that is with in the states age.
  • Chit Support : action by parent that must pays to wards the wellenss the child. Chips Signifiyed need protectin, action in julevniale Court where person is 18 years of age for non crimanl reasons.
  • Courcuit Court the generall Jurisdcitions.
  • Circumstantial evudence: Signfy all actions that have evedince where that you have Citstion : refrence t legal authotiry Citizen in this country of the united person that had is what needed including those born here had. Civil acion non cri,onla case on inidaul person for the buiness suit. clame a clami that haws right to money.
  • class Action la suit brought one or multiple persons. Clean and convinving evidiends : standard of proffe that prooiffs for plaimntiff to win case. Cmency or excuvtive clemency: a act of grace, the the presdient mercy to the criminal.

C cont...

  • Clery
  • a cerain kind of offcier like in the court that have duties and processes.
  • Clsong Statement ot closg argument signfiieds the the closing part.
  • clode : signfies a collection of rules and regulations.
  • Code of Comr Procedure signifies federal of the atated law dealing for trial aspects.
  • code fed regulations sigifies lstiing fo agency with regulations as their still effetived.
  • code o professional
  • Code of Comr Procedure the cods of pofessionsal the american Bsr Association
  • Codivil amendement will and authrozations
  • Coaltral : 1 Propety that a person may place of safety security. 2 Person who is not direct by descedents.
  • Collateral : atakc of that the justifiicafion that had been disided by courts.
  • Conmer: the infromation for some one the recieves coominssion to be befor e court. and the court the the the the the same.
  • Commits : a person that had put them in prision..
  • Commits: a person that had put them in persion.
  • Comon law is the legal systym origanalted in that action.

C cont...

  • comuntiy property prooeprty for a house with his hers with the divivison and what they hold.
  • Comuty sevice to the pubclicy signfiies service without pay of any money
  • Commution to reduce that sensetee for someone
  • Comprative Neglgence signigifed the legal doctrine to determing who is liable for what may happen
  • Compendcy a person mind ststesment as ther ability as that is what there mind state signifer for holsitlc mind Complaint - sighfis tues that are nehg then sues, that applyied for redress.
  • copmaly s that had that usilaly becjjsd aciio, that facts identified how courts asking Compaly: Action complry = signfies the action compy and obey.
  • COMPasite - a piicutures of allleged of crwatinl from polkce artist and they had of made.

CON

  • Cosilitation is the resolution that the parties bring and and the help for the situation for the thrid party.
  • Consclusion of LAw signfies Jdugrment final descioon from law that had been in trial and haring partuactly

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