package mortgage
A mortgage that includes both real and incidental personal property, such as a refrigerator or stove.
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heartbalm statute
heartbalm statute. A state law that abolishes the rights of action for monetary damages as solace for the emotional trauma occasioned by a loss of love and relationship. • The abolished rights of action include alienation of affections, breach of promise to marry, criminal conversation, and seduction of a person over the legal age of
act of God
An overwhelming, unpreventable event caused exclusively by forces of nature, such as an earthquake, flood, or tornado. • The definition has been statutorily broadened to include all natural phenomena that are exceptional, inevitable, and irresistible, the effects of which could not be prevented or avoided by the exercise of due care or foresight. 42 USCA
derivative liability
Liability for a wrong that a person other than the one wronged has a right to redress. • Examples include liability to a widow in a wrongful-death action and liability to a corporation in a shareholder’s derivative suit.
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census
census. The official counting of people to compile social and economic data for the political subdivision to which the people belong. Pl. censuses.[Cases: Census 1. C.J.S. Census §§ 5, 8.] federal census. A census of a state or territory, or a portion of either, taken by the Census Bureau of the United States. • The
court of delegates
Court of Delegates. Hist. Eccles. law. A court serving as the final court of appeal for admiralty and ecclesiastical matters. • The Court was established in 1534 to serve in the stead of the Papal Curia when the English Church severed its ties with the Papacy. Six delegates, appointed to hear only one case, made
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dwelling house
dwelling house. 1. The house or other structure in which a person lives; a residence or abode. 2. Real estate. The house and all buildings attached to or connected with the house. 3. Criminal law. A building, a part of a building, a tent, a mobile home, or another enclosed space that is used or
neighbor principle
neighbor principle. The doctrine that one must take reasonable care to avoid acts or omissions that one can reasonably foresee will be likely to injure one’s neighbor. • According to this principle, neighbor includes all persons who are so closely and directly affected by the act that the actor should reasonably think of them when
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gap filler
gap-filler. A rule that supplies a contractual term that the parties failed to include in the contract. • For example, if the contract does not contain a sales price, UCC § 2-305(1) establishes the price as being a reasonable one at the time of delivery. Cf. default rule under RULE(1). [Cases: Sales 22(4), 23(4). C.J.S.
Medicaid qualifying trust
A trust that is deemed to have been created in an effort to reduce someone’s assets so that the person may qualify for Medicaid, and that will be included as an asset for purposes of determining the person’s eligibility. • Someone who wants to apply and qualify for Medicaid, but who has too many assets
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