Evidence

The law of evidence governs the use of testimony, or other documentary material, which is admissible to be considered by the trier of fact, (a judge or jury) in a judicial or administrative proceeding. Evidence includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the […]

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Federal Rules Of Civil Procedure

The Federal Rules of Civil Procedure (FRCP) govern civil procedure for lawsuits in the U.S.  federal district courts. The FRCP are promulgated by the U.S. Supreme Court pursuant to the Rules Enabling Act, and then approved by Congress. The Court’s modifications to the rules are usually based upon recommendations from the Judicial Conference of the […]

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Real Property

Real property is property that includes land and buildings, and anything affixed to the land. For a business, real property would include warehouses, factories, offices, and other buildings owned by the business. Real property only includes those structures that are affixed to the land, not those which can be removed, such as equipment. Property signifies […]

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Torts

A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages. Legally, torts are called civil wrongs, as opposed to criminal ones. Traditionally, family members were prohibited from suing each other for torts. The justification was that allowing family members to do so […]

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Trusts

A trust is a device for managing property. Its an arrangement for making gifts and the management of assets by a trustee who holds legal title for the benefit of the beneficiary who holds equitable title. A trust has bifurcated title held in a fiduciary relationship that imposes legal obligations upon the trustee. Unlike in […]

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Wills

A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage their estate and provides for the transfer of their property at death. Historically a will has been limited to real property while testament applied only to dispositions of personal property (thus giving rise to […]

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