Search Results for: INCLUDE

perception

perception. 1. An observation, awareness, or realization, usu. based on physical sensation or experience; appreciation or cognition. • The term includes both the actor’s knowledge of the actual circumstances and the actor’s erroneous but reasonable belief in the existence of nonexistent circumstances. 2. Roman & civil law. The act of taking into possession (as rents,

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under 65 trust

A discretionary trust established for the sole benefit of a Medicaid recipient who is under the age of 65. • This type of trust may be established by anyone except the beneficiary, who must be less than 65 years old at the time of creation. The assets in trust will not be included in the

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intimidation

intimidation, n. Unlawful coercion; extortion. • In England, intimidation was established as a tort in the 1964 case of Rookes v. Barnard, 1964 App. Cas. 1129 (P.C. 1964) (appeal taken from B.C.).[Cases: Extortion and Threats 34. C.J.S. Threats and Unlawful Communications §§ 29–31.] — intimidate, vb. — intimidatory, adj. — intimidator, n. “The wrong of

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whistleblower act

whistleblower act. A federal or state law protecting employees from retaliation for disclosing employer wrong-doing, as during an investigation by a regulatory agency. • Federal laws containing whistleblower provisions include the Whistleblower Protection Act (5 USCA § 1211), the Occupational Safety and Health Act (29 USCA § 660), CERCLA (42 USCA § 9610), and the

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recklessness

recklessness, n. 1. Conduct whereby the actor does not desire harmful consequence but nonetheless foresees the possibility and consciously takes the risk. • Recklessness involves a greater degree of fault than negligence but a lesser degree of fault than intentional wrongdoing. [Cases: Negligence 274. C.J.S. Negligence §§ 104–105, 109.] 2. The state of mind in

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national reporter system

National Reporter System. A series of lawbooks, published by the West Group, containing every published appellate decision of the federal and state courts in the United States. • For federal courts, the system includes the Supreme Court Reporter, Federal Reporter, Federal Claims Reporter, Federal Supplement, Federal Rules Decisions, Bankruptcy Reporter, Military Justice Reporter, and Veterans

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definition

definition. The meaning of a term as explicitly stated in a drafted document such as a contract, a corporate bylaw, an ordinance, or a statute; a definiens. lexical definition. A dictionary-style definition of a word, purporting to give the full meaning of a term. stipulative definition. A definition that, for purposes of the document in

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