homestead law. A statute exempting a homestead from execution or judicial sale for debt, unless all owners, usu. a husband and wife, have jointly mortgaged the property or otherwise subjected it to creditors’ claims. — Also termed homestead exemption; homestead-exemption statute; homestead right. [Cases: Homestead 1, 118.] “Almost all states also have legislative provisions, commonly […]
judgment-proof a. 无力履行判决的 实际的或潜在的败诉债务人所作的说明自己因没有财产而不能支付判决确定的损害赔偿金，或者在法院管辖区内没有足够的财产以履行判决，或者主张其财产享有制定法规定的免受扣押的豁免权〔exempt〕。也称作「execution-proof」。
A statement required to be filed with a state or local authority to prove property ownership in order to claim homestead-exemption rights. See HOMESTEAD. [Cases: Homestead 41.]
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A tax structured so that the effective tax rate increases more than proportionately as the tax base increases, or so that an exemption remains flat or diminishes. • With this type of tax, the percentage of income paid in taxes increases as the taxpayer’s income increases. Most income taxes are progressive, so that higher incomes
Antitrust. Under the test for determining whether a private entity may claim a state-action exemption from the antitrust laws, the right of the state to review the entity’s anticompetitive acts and to disap-prove those acts that do not promote state policy. See STATE-ACTION DOCTRINE; MIDCAL TEST. [Cases: Monopolies 12(15.5). C.J.S. Monopolies §§ 136, 138–143.]
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unavailability, n. The status or condition of not being available, as when a witness is exempted by court order from testifying. • Unavailability is recognized under the Federal Rules of Evidence as an exclusion to the hearsay rule. Fed. R. Evid. 804. [Cases: Criminal Law 419(5); Evidence 317(17). C.J.S. Criminal Law § 860; Evidence §§
liquidation, n. 1. The act of determining by agreement or by litigation the exact amount of something (as a debt or damages) that before was uncertain. 2. The act of settling a debt by payment or other satisfaction. 3. The act or process of converting assets into cash, esp. to settle debts. one-month liquidation. A
statement of intention. Bankruptcy. A preliminary statement filed by the debtor in a Chapter 7 case, in which the debtor details whether property secured by consumer debt will be retained or surrendered and whether the property is claimed as exempt. • The statement usu. must be filed before the first creditors’ meeting or within 30
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Tangible material or its intangible equivalent — in unwritten or oral form — that was either prepared by or for a lawyer or prepared for litigation, either planned or in progress. • Work product is generally exempt from discovery or other compelled disclosure. The term is also used to describe the products of a party’s
small-business concern. A business qualifying for an exemption from freight undercharges because it is independently owned and operated and is not dominant in its field of operation, with limited numbers of employees and business volume. 15 USCA § 632. — Often shortened to small business. [Cases: Carriers 189; Commerce 85.33. C.J.S. Aeronautics and Aerospace §
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