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Libel
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Written defamation
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Nonfeasance
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Failing to act
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Nuncupative will
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An oral will
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Disclosure
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The intentional publication of embarrassing private affairs.
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utilitarianism
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an ethical doctrine holding the determining right conduct is based on consequences; that the purpose of the behavior should be the greatest hapiness of the greatest number
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partnering
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a team-building process designed to improve contract performance and reduce or eliminate contract litigation through common understanding of goals and improved communication. The process is used in large, complicated, and expensive contractswith its roots in the contruction industry.
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Grantor
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The previous owner of a property
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syllogism
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a pattern of deductive logic that contains a major or general premise,a minor or specific premise and a conclusion, always in that order. the conclusion follows from the premises but is not a premise itself.
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court-annexed arbitration
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a type of nonbinding arbitration required by some courts before the parties may proceed to trial
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summary jury trial
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a nonbinding alternative dispute resolution (ADR) process in which parties present their cases to a private mock jury, which then gives the parties an advisory verdict.
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enabling statute
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a statute that creates an administrative agency and typically also authorizes it to perform specified actions.
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Negotiable instrument
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Commercial paper that can be transferred by indorsement or delivery. It must meet the requirements to be negotiable. If it does not, a transferee cannot become a holder in due course but only gets the rights along with the liabilities of a contract assignee
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Probate
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The process of court supervision over the distribution of a deceased person's property
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Title search
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An examination of documents recording title to the property to ensure the owner has a clear title
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normative statements
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statements that reflect what should be or how one should act
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commercial speech
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oral, written, and other forms of communication used in advertising and in other business activities
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maintenance
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assisting a party to a lawsuit with money or otherwise, to prosecute or defend the lawsuit
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most common types of adr
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negotiation, mediation, arbitration, med-arb, private judging, ombudsperson, expert fact finding, early neutral evaluation, mini-trial, summary jury trial, collaborative law or practice, partnering
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alternative dispute resolution
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various methods of resolving disputes through means other than the judicial process.
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Perfection
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Gives the creditor rights ahead of the other creditors. The creditor must first be attached and then possess the collateral, or file a financing statement, or give money to purchase consumer goods.
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Bequest/Legacy
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A gift of personal property in a will
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Periodic tenancy
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The rental periods are established at a set interval
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Guardian
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One who is given the responsibility of managing the affiars or property of a person who is incapable of administering his or her own affairs.
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Strict Liability
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When for policy reasons the defendant is held responsible even though the defendant did not act negligently nor intentionally to harm the plaintiff.
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Escheat
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A reversion of property to the state when there are no heirs
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Sole proprietorship
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A business owner by a single owner
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ordinance
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a written law enacted by a city or county (parish). An example is a zoning ordinance that governs the use of land
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judicial review
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power of the us supreme court to declare unconstitutional and act of congress, a presidential order, or a state law
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public interest law
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a nonprofit law firm that offers assistance in areas such as, employment, minority rights, civil rights, political rights, family law, and environmental law
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expert fact finding
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a nonbinding process in which an appointed expert investigates or hears facts on selected issues. At the conclusion, he or she makes findings of fact.
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Product misuse
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When the product was not being used for its intended purpose or was being used in a dangerous manner; it is a defense to a products liability claim so long as the misuse was not foreseeable.
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Title insurance
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Insurance agasint any loss due to a defective title
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Listing agreement
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A document that spells out the nature of the services a real estate agent will perform with respect to selling real property and how the agent will be compensated for those services
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Output contract
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A contract in which one party agrees to deliver its entire output of a particular product to the other party
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class actions
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When all members of a group of persons who have suffered the same or similar injury join together in a single lawsuit against the alleged wrongdoer. The group must be so numerous that it is impractible to bring all members before the court individually
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Tenancy by the entirety
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A special type of joint tenancy applicable only to married couples
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Joint and several liability
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When a plaintiff suing a partnership has the option of suing just the partnership, or the partnership and one or more selected partners, or just one of the partners.
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administrative procedure act (APA) of 1946
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law that mandates procedures for federal administrative agencies
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Implied warranty of habitability
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A requirement that property be fit for the purpose for which it is being rented. Owners are required to repair and maintain the premises at certain minimum levels
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Slander
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Spoken defamation
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negotiation
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communication between disputing parties for the purposes of persuasion and settlement or resolution
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Note
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promise to pay money
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Appropriation
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An intentional unauthorized exploitive use of another person's personality, name, or picture for the defendant's benefit.
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codes
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compilations of statutes that are grouped together by subject matter, e.g., a vehicle code
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administrative agency
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collectively, subbranches of the executive branch of federal, state, and local governments. Administrative agencies may possess legislative, executivee, and judicial powers in specialized technical areas where appropriate regulation requires action by experts.
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Bailment
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A temporary transfer of personal property to someone other than the owner for a specified purpose
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case law
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all reported judicial decisioons; the law that comes from judge's opinions in lawsuits. also referred to as court law, judge law, and sometimes common law
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early neutral evaluation
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ADR process providing disputing parties with an early candid evaluation by an objective observer of the merits of a case
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deregulation
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a process of eliminating, reducing, or restructuring the regulation of an industry.
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Draft
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A three-party instrument in which the drawer order the drawee (a bank) to pay money to the payee.
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Kindred/Consanguinity
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Persons related to the decedent by blood
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Intentional Tort
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When people intentionally seek to violate a duty toward others
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Trust
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A legal relationship in which one party holds property for the benefit of another
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Corporation
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A business entity formed by an association of shareholders
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statutes
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law enacted by congress or by state legislatures
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prior restraint
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restaints on a publication before it is actually published
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legal services corporation
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a federally funded corporation that distributes federal tax dollars to state programs that provide legal assistance in noncriminal proceedings to persons financially unable to afford sure services
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contingency fee
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a fixed percentage of the monetary recovery obtained by a lawyer for a client. it is agreed on in advance and accepted in full payment for services rendered
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independant administrative agency
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An administrative body empowered to regulate some policy area led by officials who cannot be dismissed by the president of the united states except for good cause.
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Liquidated damages clause
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A contract provision that specifies what will happen in case of breach
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Beneficiary
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the person named in a will, insurance police, or trust who receives a benefit
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Property
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A tangible object or a right or ownership interest
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Adhesion contract
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A contract formed where the weaker party has no realistic bargaining power. Typically a form contract is offered on a "take it or leave it" basis
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Void
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A contract is declared this when the court finds it was for an illegal purpose
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Consideration
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Anything of value; it must be present for a valid contract to exist, and each side must give consideration
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Comparative negligence
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A method for measuring the relative negligence of the plaintiff and the defendant, with a commensurate sharing of the compensation for the injuries
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Foreclosure
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The process by which a creditor who holds a mortgage or some other form of a lien on real property can force the sale of that property in order to satisfy the debt to the mortgagee or lien holder
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Codicil
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A supplement or addition to a will that modifies, explains, or adds to its provisions
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Eminent domain
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The power of government to take private property for public purposes
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positive law
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the rules members of a society are obliged to obey to avoid punishment or penalty imposed by the government
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commerce clause
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a part of the us constitution that provides congress with the power to provide for trade with foreign countries and among states
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inquisitorial system
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a legal system used in some countries that allows the judge to investigate, question witnesses, and seek out evidence before a trial
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administrative law
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the body of law concerned with the power of administrative agencies. Administrative law consists of rules, regulations, orders, and adjudications. Also the composite body of substantive law created by the various administrative agencies in the performance of their assigned tasks.
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Warranty deed
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A deed in which the seller promises clear title to the property
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Security deposit
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An amount of money, usually equal to one month's rent, that is collected at the time the lease is signed and then held by the landlord to cover the cost of repairs that may be needed when the tenant moves out.
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Uniform Commercial Code (UCC)
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Originally drafted by the National Conference of Commissioners on Uniform State Law, it governs commercial transactions and has been adopted by all states, entirely or in part.
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Res ipsa loquitur
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"the thing speaks for itself"; the doctrine that suggests negligence can be presumed if an event happens that would not ordinarily happen unless someone was negligent
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Last clear chance
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The doctrine that states that despite the plaintiff's contributory negligence, the defendant should still be liable if the defendant was the last one in a position to avoid the accident
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Nominal damages
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awarded when a right has been violated but the plaintiff cannot prove any monetary harm
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Parole evidence rule
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An evidentiary rule that a written contract cannot be modified or changed by prior verbal agreements
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conflict of interest
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when a client's interests are at odds with another's because the attorney serves, might serve, or is tempted to serve the other
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Earnest money
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The money the buyer turns over to the real estate agent to be applies to the purchase price of property
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Quitclaim deed
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A deed in which the grantor gives up any claims to the property without making any assertions about there being a clear title
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retainer fee
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A. a sum of money paid to an attorney for a promise to remain available to the client for consultation when needed and requested. B. Fees paid in advance that are held in a trust account to be drawn down (taken) by the attorney as work progresses
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freedom of INformation ACT (FOIA)
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a federal law requiring the federal government to disclose most public records to any person on request.
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Loss of consortium
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The loss of one spouse of the other spouse's companionship, services, or affection.
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Tenancy at will
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When no time period is specified and either the lessee can leave or the lessor can reclaim the land at any time
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