In conflict of laws, renvoi (from the French, meaning "send back" or "to return unopened") is a subset of the choice of law rules and it may be applied whenever a forum court is directed to consider the law of another state. The procedure for conflict cases. 1. The court must first decide whether it has the jurisdiction to hear the case (which will involve addressing the question of whether the plaintiff is attempting to manipulate the judicial system by forum shopping). 2. Characterization. The...
Jun 28, 2022•10 min•Season 20Ep. 3
In law and insurance, a proximate cause is an event sufficiently related to an injury that the courts deem the event to be the cause of that injury. There are two types of causation in the law: cause-in-fact, and proximate (or legal) cause. Cause-in-fact is determined by the "but for" test: But for the action, the result would not have happened. (For example, but for running the red light, the collision would not have occurred.) The action is a necessary condition, but may not be a sufficient co...
Jun 27, 2022•11 min•Season 16Ep. 43
Tax resistance in the United States has been practiced at least since colonial times, and has played important parts in American history. Tax resistance is the refusal to pay a tax, usually by means that bypass established legal norms, as a means of protest, nonviolent resistance, or conscientious objection. It was a core tactic of the American Revolution and has played a role in many struggles in America from colonial times to the present day. In addition, the philosophy of tax resistance, from...
Jun 24, 2022•14 min
Nomenclature. Throughout the world, there are a large number of different types and sub-divisions of liens. Not all of the following liens exist in all legal systems that recognise the concept of a lien. The following are descriptions that are not necessarily mutually exclusive. Types of lien include accountant's lien—the right of an accountant to retain a client's papers until the accountant's fees have been paid. agent's lien- the Lien granted to Agent by Borrowers pursuant to this Agreement a...
Jun 23, 2022•8 min•Season 15Ep. 33
Types of stalkers. Psychologists often group individuals who stalk into two categories: psychotic and nonpsychotic. Some stalkers may have pre-existing psychotic disorders such as delusional disorder, schizoaffective disorder, or schizophrenia. However, most stalkers are nonpsychotic and may exhibit disorders or neuroses such as major depression, adjustment disorder, or substance dependence, as well as a variety of personality disorders (such as antisocial, borderline, or narcissistic). The nonp...
Jun 22, 2022•15 min•Season 17Ep. 36
Characterization, in conflict of laws, is the second stage of the procedure to resolve a lawsuit that involves foreign law. The process is described in English law as Characterisation, or classification within the English judgments of the European Court of Justice. It is alternatively known as qualification in French law. It is used to determine the correct choice of law rules based on the circumstances of the case, primarily relating to matters of property. This is to reconcile differences betw...
Jun 21, 2022•19 min•Season 20Ep. 2
Personal circumstances. The legal fiction of the reasonable person is an ideal, as nobody is perfect. Everyone has limitations, so the standard requires only that people act similarly to how "a reasonable person under the circumstances" would, as if their limitations were themselves circumstances. As such, courts require that the reasonable person be viewed as having the same limitations as the defendant. For example, a disabled defendant is held to a standard that, by necessity, represents how ...
Jun 20, 2022•11 min•Season 16Ep. 42
Whistleblower program. In addition to the methods of proof the IRS has developed, the Tax Relief and Health Care Act of 2006 created the IRS Whistleblower Office, which allows anonymous whistle blowers to receive 15 to 30 percent of any recovery by the IRS which comes to at least $2 million including all penalties, interests and any other monies collected from the government. The whistleblower program seeks information based on evidence and analysis which can provide a solid basis for further in...
Jun 17, 2022•18 min•Season 16Ep. 40
A nonpossessory interest in land is a term of the law of property to describe any of a category of rights held by one person to use land that is in the possession of another. Such rights can generally be created in one of two ways: either by an express agreement between the party who owns the land and the party who seeks to own the interest; or by an order of a court. Under the common law, there are five variations of such rights. These are: easements, profits, restrictive covenants, equitable s...
Jun 16, 2022•13 min•Season 15Ep. 32
Stalking is unwanted and/or repeated surveillance by an individual or group toward another person. Stalking behaviors are interrelated to harassment and intimidation and may include following the victim in person or monitoring them. The term stalking is used with some differing definitions in psychiatry and psychology, as well as in some legal jurisdictions as a term for a criminal offense. According to a 2002 report by the U.S. National Center for Victims of Crime, "virtually any unwanted conta...
Jun 15, 2022•9 min•Season 17Ep. 35
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of...
Jun 14, 2022•11 min•Season 20Ep. 1
In law, a reasonable person, reasonable man, or the man on the Clapham omnibus, is a hypothetical person of legal fiction crafted by the courts and communicated through case law and jury instructions. Strictly according to the fiction, it is misconceived for a party to seek evidence from actual people in order to establish how the reasonable man would have acted or what he would have foreseen. This person's character and care conduct under any common set of facts, is decided through reasoning of...
Jun 13, 2022•9 min•Season 16Ep. 41
Under the federal law of the United States of America, tax evasion or tax fraud, is the purposeful illegal attempt of a taxpayer to evade assessment or payment of a tax imposed by Federal law. Conviction of tax evasion may result in fines and imprisonment. Compared to other countries, Americans are more likely to pay their taxes fairly, honestly, and on time. Tax evasion is separate from tax avoidance, which is the legal utilization of the tax regime to one's own advantage in order to reduce the...
Jun 10, 2022•15 min•Season 16Ep. 39
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. It was applied as early as 1366 in The Provost of Beverly's Case but in its present form is derived from Shelley's Case (1581), in which counsel stated the rule as follows: …when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs ...
Jun 09, 2022•13 min•Season 15Ep. 32
Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or by putting the victim in fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear; that is, it is a larceny or theft accomplished by an assault. Precise definitions of the offense may vary between jurisdictions. Robbery is differentiated from other forms of theft (such as burg...
Jun 08, 2022•13 min•Season 17Ep. 34
In laws of equity, unjust enrichment occurs when one person is enriched at the expense of another in circumstances that the law sees as unjust. Where an individual is unjustly enriched, the law imposes an obligation upon the recipient to make restitution, subject to defenses such as change of position. Liability for an unjust (or unjustified) enrichment arises irrespective of wrongdoing on the part of the recipient. The concept of unjust enrichment can be traced to Roman law and the maxim that "...
Jun 07, 2022•12 min•Season 19Ep. 35
In tort law, the standard of care is the only degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person; this is sometimes labeled as the "reasonable physician standard." It was famously described in Vaughn v Menlove (1837) as whether the individual "proceed ...
Jun 06, 2022•12 min•Season 16Ep. 40
Treatment by the Internal Revenue Service. Prior to the Internal Revenue Service Restructuring and Reform Act of 1998 (the "1998 Act"), the Internal Revenue Service had defined a tax-protester scheme as "any scheme without basis in law or fact for the ostensible purpose of expressing dissatisfaction with the substance, form, or administration of the tax laws be either interfering with tax administration or attempting to illegally avoid or reduce tax liabilities." The IRS has not released records...
Jun 03, 2022•14 min•Season 16Ep. 39
The rule against perpetuities is a legal rule in the Anglo-American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes o...
Jun 02, 2022•18 min•Season 15Ep. 32
Privacy laws in different countries. Privacy laws apply to both public and private sector actors. United States. The Constitution of the United States and United States Bill of Rights do not explicitly include a right to privacy. Currently no federal law takes a holistic approach to privacy regulation. In the US, privacy and associated rights have been determined via court cases and the protections have been established through laws. The Supreme Court in Griswold v Connecticut, (1965) found that...
Jun 01, 2022•11 min•Season 17Ep. 33
Quantum meruit is a Latin phrase meaning "what one has earned". In the context of contract law, it means something along the lines of "reasonable value of services". In the United States, the elements of quantum meruit are determined by state common law. For example, to state a claim for unjust enrichment in New York, a plaintiff must allege that (1) defendant was enriched; (2) the enrichment was at plaintiff's expense; and (3) the circumstances were such that equity and good conscience require ...
May 31, 2022•8 min•Season 19Ep. 34
In the law of tort, property, and criminal law a trespasser is a person who commits the act of trespassing on a property, that is, without the permission of the owner. Being present on land as a trespasser thereto creates liability in the trespasser, so long as the trespass is intentional. At the same time, the status of a visitor as a trespasser (as opposed to an invitee or a licensee) defines the legal rights of the visitor if they are injured due to the negligence of the property owner. Tresp...
May 30, 2022•9 min•Season 16Ep. 39
A tax protester is someone who refuses to pay a tax claiming that the tax laws are unconstitutional or otherwise invalid. Tax protesters are different from tax resisters, who refuse to pay taxes as a protest against a government or its policies, or a moral opposition to taxation in general, not out of a belief that the tax law itself is invalid. The United States has a large and organized culture of people who espouse such theories. Tax protesters also exist in other countries. Legal commentator...
May 27, 2022•16 min•Season 16Ep. 39
n property law and real estate, a future interest is a legal right to property ownership that does not include the right to present possession or enjoyment of the property. Future interests are created on the formation of a defeasible estate; that is, an estate with a condition or event triggering transfer of possessory ownership. A common example is the landlord-tenant relationship. The landlord may own a house but has no general right to enter it while it is being rented. The conditions trigge...
May 26, 2022•15 min•Season 15Ep. 32
The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. 10 December 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) originally written to guarantee individual rights of everyone everywhere. The words Right to Privacy is not written in the document however, many interpret this by r...
May 25, 2022•8 min•Season 17Ep. 32
United States. Equitable estoppel. Equitable estoppel is the American counterpart to estoppel by representation. Its elements are summarized as: Facts misrepresented or concealed, Knowledge of true facts, Fraudulent intent, Inducement and reliance, Injury to complainant, and, Clear, concise, unequivocal proof of actus (not by implication). For example, in Aspex Eyewear v Clariti Eyewear, eyeglass frame maker Aspex sued competitor Clariti for patent infringement. Aspex waited three years, without...
May 24, 2022•18 min•Season 19Ep. 37
In tort law, a duty of care is a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law which the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation o...
May 23, 2022•12 min•Season 17Ep. 33
The United States Tax Court (in case citations, T.C.) is a federal trial court of record established by Congress under Article I of the U.S. Constitution, section 8 of which provides (in part) that the Congress has the power to "constitute Tribunals inferior to the supreme Court". The Tax Court specializes in adjudicating disputes over federal income tax, generally prior to the time at which formal tax assessments are made by the Internal Revenue Service. Though taxpayers may choose to litigate ...
May 20, 2022•17 min•Season 16Ep. 38
Equitable conversion is a doctrine of the law of real property under which a purchaser of real property becomes the equitable owner of title to the property at the time he/she signs a contract binding him/her to purchase the land at a later date. The seller retains legal title of the property prior to the date of conveyance, but this land interest is considered personal property (a right to the payment of money, rather than a right to the property). The risk of loss is then transferred to the bu...
May 19, 2022•18 min•Season 15Ep. 31
Negligent homicide is a criminal charge brought against a person who, through criminal negligence, allows another person to die. Examples include the crash of Aeroperu Flight 603 near Lima, Peru. The accident was caused by a piece of duct tape that was left over the static ports (on the bottom side of the fuselage) after cleaning the aircraft, which led to the crash. An employee had left the tape on and was charged with negligent homicide. Other times, an intentional killing may be negotiated do...
May 18, 2022•12 min•Season 17Ep. 31
