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Criminal Trial ProcedureCriminal cases often start with the arrest of the defendant (seeFigure 2.6). The law requires an immediate court hearing to protect thedefendant’s rights. The trial is scheduled later to give the prosecutingattorney and the defendant’s attorney time to prepare their cases.Arrest of the DefendantAn arrest occurs when a person is deprived of his or her freedom.A police officer may arrest a person at any time if the officer has awarrant. An officer may arrest a person without a warrant if he or shebelieves the person has committed or is committing a felony, or if theperson has committed a misdemeanor involving a breach of the peacein the officer’s presence. Various state statutes also allow officers toarrest people for specific misdemeanors done in their presence, evenif there is no breach of peace.In 1995, 12 percent ofstudents ages 12through 18 reportedthat they were sometimesor most of thetime fearful at school.This percentagedropped to 7 percentin 1999 and 6 percentin 2001.Rights of the Defendant Arrested people must be informed oftheir constitutional rights as set forth in the case of Miranda v. Arizona.The Miranda warnings require that people be told what crimes they arebeing arrested for and the names of the police officers making thearrest. Arrested people also have the right to make a telephone call. Aperson who has been arrested can sometimes be released on bail. Bailis money or other property that is left with the court to assure that aperson who has been arrested, but released, will return to trial.People who are arrested have the right to remain silent. If theyanswer questions, they have the right to talk to an attorney first andmay have an attorney present during the questioning. If a defendantcannot afford an attorney, the court must appoint one at no cost. Underthe Constitution, accused individuals also have a right to a fair trialand are presumed innocent until proven guilty.Search and Seizure A police officer may search a person, car,house, or other building only if permission is given or if the officer hasa search warrant. The search must be limited to the area mentioned inthe warrant. An officer may conduct a limited search, called a frisk, ifhe or she believes that a person is carrying a weapon. When the searchis over, the person must be released or arrested.Persons who have been arrested may be searched without a warrant.When police arrest someone in a house or building, they mayconduct a limited search of the area in which the arrest takes placewithout a search warrant. They need a warrant, however, to search theentire building. When an arrest takes place in a car, police mayconduct a limited search of the vehicle without a warrant. A morecomplete search may be made if there is good reason to believe the carChapter 2: The Court System 43
SEARCH WARRANTThe scope of a search warrant isdetermined by the object that is beingsearched for. How might the searchareas differ for a large televisionversus a small handgun?contains something illegal. In addition, the police may impound (takepossession of) a car until a search warrant is obtained from the court.Example 3. In 1976, police impounded a car in South Dakotafor a number of parking violations. While making a list of thecar’s contents, police found a bag of marijuana and charged theowner with possession. The Supreme Court of the United Statesheld that the search without a warrant was constitutionalbecause standard procedure called for police to list the contentsof every car they impounded.44 Unit 1: Knowing About the Law
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interactive student edition
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Program ComponentsYour Understandin
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Studying Case LawApplying What You
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UNIT 1 Law Workshop: Using Legal To
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UNIT 3Understanding Consumer Law 26
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CHAPTER 21Employment Protection and
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CHAPTER 29Operating a Corporation 6
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Exploring the UnitUnderstanding Bus
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Exploring the SectionChapters of th
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Exploring Chapter AssessmentChapter
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Exploring the Law WorkshopsLaw Work
Page 23 and 24: FeaturesYour Understanding Business
Page 25 and 26: A Global Perspective: Laws Around t
Page 27 and 28: Law & AcademicsThe law is related t
Page 29 and 30: Legal BriefsThese short features di
Page 31 and 32: GORDON W. BROWN studied lawto becom
Page 33 and 34: UNITUNIT OVERVIEWLaws generally ref
Page 35 and 36: CHAPTEREthics and the LawUnderstand
Page 37 and 38: Defining Ethicsl How ethical decisi
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Page 41 and 42: People want to be treated with resp
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Page 45 and 46: Sources of Lawl How to recognize th
Page 47 and 48: Language ArtsThe legal profession h
Page 49 and 50: Limits of Free SpeechThe First Amen
Page 51 and 52: Adopt a PetAre you consideringadopt
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Page 59 and 60: A Dual Court Systeml How to determi
Page 61 and 62: Supreme CourtThe U.S. Supreme Court
Page 63 and 64: whether to transfer the case, the c
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Page 85 and 86: CHAPTERCriminal LawUnderstanding Bu
Page 87 and 88: What Is a Crime?l How to tell the d
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Page 97 and 98: Figure 3.4Violent Crime Rates by Ra
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Page 101 and 102: DRAG RACING AND LIABILITYMany state
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CHAPTERASSESSMENTSection 4.1 Intent
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CHAPTERASSESSMENTWorking with Techn
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UNITLaw Workshop:Using Legal ToolsH
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UNITLandmark CaseCipollone v. Ligge
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UNITUNIT OVERVIEWYou regularly take
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CHAPTERHow Contracts AriseUnderstan
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Contractsl Explain the elementsof l
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theory was called the will theory o
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Characteristics of a ContractContra
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for the other’s promise to do som
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l How to recognize therequirements
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Letting your officemanager know tha
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Student LoansThere are many waysto
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RevocationRevocation is the taking
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CHAPTERASSESSMENTSection 5.1 Contra
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CHAPTERASSESSMENTInterpret and Comm
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CHAPTERGenuine AgreementUnderstandi
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l How to identify theelements of fr
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creates a duty to reveal the hidden
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Resulting LossYou may choose to ent
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Figure 6.3Unilateral Mistake1. Mist
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the agreement can be performed when
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UNDUE INFLUENCEGenuine agreementsca
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CHAPTERASSESSMENTSection 6.1 Fraud
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CHAPTERASSESSMENTInterpreting and C
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CHAPTERContractual CapacityUndersta
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Contractual Capacityl How to explai
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their contracts. The court has esta
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PROVING MAJORITYSome states require
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Returning the Merchandise If a mino
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Ratification of Minors’ Contracts
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Draft RegistrationCelebrating your
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CHAPTERASSESSMENTSection 7.1 Contra
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CHAPTERASSESSMENTAcquiring and Eval
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CHAPTERConsiderationUnderstanding B
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Considerationl How to explain thele
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GiftsA gift is somethingthat is giv
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Common law judgesrarely entertainar
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Disputed AmountsIf the parties to a
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Consideration in Your Everyday Life
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Court ReporterSally Harmon provides
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Figure 8.2The Elements of Promissor
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PREEXISTING DUTIESPreexisting dutie
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CHAPTERASSESSMENTSection 8.1 Consid
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CHAPTERLegalityUnderstanding Busine
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l How to explain whatmakes a contra
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Winner Takes AllBecause she lives i
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At one time, most states prohibited
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THE GREAT SEAL OF THE STATE OF OHIO
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l How to explain thelegal doctrine
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llAgreements inducing fraud or a br
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Agreements to Obstruct JusticeAny c
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CHAPTERASSESSMENTSection 9.1 Legali
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CHAPTERASSESSMENTParticipate as a M
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CHAPTERForm of the ContractUndersta
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The Statute ofFraudsl How to explai
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Unions were formed tohelp protect t
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Civil Process ServerIt’s a good t
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MARRIAGE CONTRACTSAlthough the law
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An exception to the requirement tha
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The Best Evidence RuleThe courts us
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CHAPTERASSESSMENTSection 10.1 Statu
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CHAPTERHow ContractsCome to an EndU
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l How to identify whentime is impor
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Earth DayYour local museummay have
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would prevent such a drastic and un
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Mutual ReleaseJodi and Mark mutuall
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Money damages are themost common re
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long to seek payment. You may not
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CHAPTERASSESSMENTSection 11.1 Perfo
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CHAPTERASSESSMENTParticipate as a M
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CHAPTERTransfer of Contracts andRem
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The Transfer ofContractual Rightsan
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her neighbor, Helen Kane, were in w
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Keeping YourWordRachel agreed to ba
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do her printing job. He could not t
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l How to explain theconcept of anti
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Figure 12.3TypeActual DamagesCompen
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Corporate LawyerRichard Negrin is a
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CHAPTERASSESSMENTSection 12.1 The T
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UNITLaw Workshop:Using Legal ToolsH
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UNITLandmark CaseMastrobuono v. She
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UNITUNIT OVERVIEWThroughout yourlif
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CHAPTERContracts for theSale of Goo
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The Sale and Leaseof Goodsl When to
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A multimillion-dollarmasterpiece pa
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making the offer may request a part
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Buying MoreThan He CanAfford?Angelo
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Ownership andRisk of Loss inSales o
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Similarly, it is sometimes necessar
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When goods are not to be shipped by
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originally purchased the products.
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E-Commerceand the Lawl Tips for saf
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and temporarily withhold payment wh
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CHAPTERASSESSMENTSection 1 The Sale
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CHAPTERThe Importance ofWarrantiesU
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l How to describe thethree ways an
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warranties close to the product or
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FULL WARRANTYA full warranty is one
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Description of the GoodsAny descrip
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Susan it would be perfect for that
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President Kennedyspoke of four basi
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Charitable GiftsGiving to charities
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lAlternative C gives sellers’ war
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CHAPTERASSESSMENTSection 14.1 Expre
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CHAPTERConsumer Protectionand Produ
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Consumer Protectionl How to explain
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COMPLAINT LETTERA complaint letterd
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unlawful and unethical for a realto
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Credit identity theftoccurs when so
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Blowing SmokeThere is no doubt that
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Figure 15.4Dear Customer:See Figure
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Health HazardFor many people,smokin
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WARNINGSWarning labels mustbe place
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CHAPTERASSESSMENTSection 15.1 Consu
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CHAPTEROwning a VehicleUnderstandin
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Acquiring a Vehiclel How to identif
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Parole OfficerAs a parole officer f
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Purchasing a defectiveautomobile ha
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on the other hand, often sell used
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Buying from a Private PartyYou migh
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in cases in which you are led to be
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When an odometer is repaired and ca
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VEHICLEINSURANCEThe insurance types
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Maintenance OnlineAutomakers are be
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CHAPTERASSESSMENTSection 16.1 Ownin
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CHAPTERPersonal Propertyand Bailmen
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Personal Propertyl How to identifyt
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CanadaAt the University of Montreal
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Figure 17.1Intellectual Property an
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Bailmentsl How to define abailmentl
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Return to Sender, or Not?When you r
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Many courts today apply the reasona
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RIGHT OF PRIVACYHotel keepers mustr
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Guests are permitted to keep in the
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Under Article 1,Section 8 of the U.
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CHAPTERASSESSMENTSection 17.1 Perso
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UNITLaw Workshop:Using Legal ToolsD
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UNITDenny v. Ford Motor Co.New York
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UNITUNIT OVERVIEWMost of us must pl
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CHAPTERCreation of an AgencyUnderst
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l How to explain thenature of an ag
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voluntarily agreed upon by both par
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In the early developmentof agency l
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llllllllDoes the hiring person supp
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Talent AgentTo get a job in televis
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l How to recognize thecreation of a
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Coagents If the principal hires two
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AGENCY BY ESTOPPELOften agency rela
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CHAPTERASSESSMENTSection 18.1 Agenc
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CHAPTERAgency Relationshipsand Thei
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Authority and Dutiesl How to define
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Consequently, the key to determinin
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Good FaithAn agency relationship is
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In seventeenth centuryEurope, most
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he or she has the option of holding
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l How to recognizewhen an agencyrel
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ACTUAL NOTICE OFTERMINATIONThe law
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CHAPTERASSESSMENTSection 19.1 Autho
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CHAPTEREmployment LawUnderstanding
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l How to defineemployment-at-willl
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employ more than 100 workers are bo
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Harrington’s case clearly fits wi
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PUBLIC POLICY TORTIf an employee is
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l How to recognizethose areas ofemp
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Using E-Mail at WorkA large company
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Figure 20.1Child Labor LawsThis cha
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CHAPTERASSESSMENTSection 20.1 Emplo
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CHAPTEREmployment Protectionand Equ
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l How to recognize therole that OSH
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Wages, Hours, and BenefitsThe gover
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Family and Medical Leave ActUnder t
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Recent studies suggestthat it is in
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had programs in place. Workers’ c
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children. This system, known as wel
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Figure 21.3LawCivil Rights Act (Tit
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Cesar ChavezUnions exist withinmany
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AMERICANS WITHDISABILITIES ACTThe f
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CHAPTERASSESSMENTSection 21.1 Laws
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UNITLaw Workshop:Using Legal ToolsW
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UNITLandmark CaseAutomobile Workers
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UNITUNIT OVERVIEWMost people usesom
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CHAPTERBorrowing Money andBuying on
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What Is Credit?l How to distinguish
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Example 2. When Jill bought the tru
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According to a recentstudy, the ave
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to erase the debt! He will pay $7,0
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CREDIT CARD BLOCKTo be sure you don
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EQUAL CREDITOPPORTUNITY ACTThe Equa
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Managing Your Debtsl How to recogni
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FAMILY FARMThe family farm is avani
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CHAPTERASSESSMENTSection 22.1 What
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CHAPTERASSESSMENTParticipating Effe
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CHAPTERNegotiable InstrumentsUnders
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l How to state thepurpose of negoti
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Social StudiesThe use of metal form
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An action to enforcethe obligation
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U.S. CompaniesOperating in Other Co
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Electronic ChecksA group of banks h
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CHAPTERASSESSMENTSection 23.1 Purpo
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CHAPTERWriting ChecksUnderstanding
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Checking Accountsl How to describe
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PERSONAL CHECKNever write a check i
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ecords accurate. Fill out the check
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MathematicsWhen you open a checking
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Canine Enforcement OfficerChristine
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Availability of FundsIn the past, b
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Figure 24.6MANAGE YOUR EFT CARD WIS
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CHAPTERASSESSMENTSection 24.1 Check
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CHAPTERASSESSMENTIn groups of two o
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CHAPTERTransferring NegotiableInstr
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TransferringInstrumentsl How to dis
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Example 1. Hanako Lin wrote a check
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Figure 25.1Check FaceChange ofFortu
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Figure 25.4INDORSE HEREDO NOT WRITE
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Safe DrivingAutomobile crashes aret
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E-SignaturesElectronic signatures n
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CHAPTERASSESSMENTSection 25.1 Trans
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CHAPTERASSESSMENTParticipating as a
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CHAPTERCollecting NegotiableInstrum
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l How to determine if aperson is a
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Paying Twice Is Not So NiceA mechan
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FRAUD IN THEINDUCEMENTWhen someone
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Kristina learned that the brakes ha
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Liabilities of Partiesl How to expl
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Figure 26.3DIRECT REDUCTIONMORTGAGE
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CHAPTERASSESSMENTSection 26.1 Holde
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UNITLaw Workshop:Using Legal ToolsC
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UNITBeach v. Ocwen Federal BankU.S.
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UNITUNIT OVERVIEWMost Americans are
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CHAPTERSole Proprietorshipand Partn
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Sole Proprietorshipl How to define
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Taxing the Sole ProprietorOne advan
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The Partnershipl How to define gene
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PARTNERSHIPFORMATIONA partnership c
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Independence DayAs a citizen of the
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Starting a soleproprietorship can b
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Because each partner is an agent of
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Social StudiesMost people areintere
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CHAPTERASSESSMENTSection 27.1 Sole
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CHAPTERForming and Financinga Corpo
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Corporationsl How to definecorporat
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Social StudiesImagine you have been
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STOCK CERTIFICATESCorporations issu
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CORPORATE NAMESA new corporation ca
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The InsideInformation onNonprofitsB
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LIMITED LIABILITY COMPANIESA new fo
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have incorporated. To deal with the
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CHAPTERASSESSMENTSection 28.1 Corpo
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CHAPTEROperating a CorporationUnder
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l How to definecorporate directorl
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Language ArtsAt one time, insidertr
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many large corporations rent halls
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October 24, 1929, called“Black Th
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Figure 29.3Duties of Corporate Mana
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Many antiliability statutes simply
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Shareholder SuitsA shareholder suit
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CHAPTERASSESSMENTSection 29.1 Manag
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CHAPTERCorporate Regulationand Expa
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l How to identify thesource of the
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Business BluesMany small corporatio
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y the U.S. Supreme Court held that
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THE ENVIRONMENTALPROTECTION AGENCYT
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l How to distinguishamong a merger,
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Taking StockOnline investing hasall
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State LegislatorOliver Robinson got
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in two ways. The corporation can de
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CHAPTERASSESSMENTSection 30.1 Gover
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UNITLaw Workshop:Using Legal ToolsD
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UNITVirginia Bankshares, Inc. v. Sa
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UNITUNIT OVERVIEWGetting married, p
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CHAPTERMarriageUnderstanding Busine
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l How to state when themarriage con
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Domestic ViolenceUnfortunately, dom
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Figure 31.1Premarital AgreementAgre
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Example 2. Gerard Ingels and Ramona
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Figure 31.3U.S. Marriage Laws Summa
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IndiaTo know India, you must unders
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Social StudiesArranged marriages ar
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CHAPTERASSESSMENTSection 31.1 Marri
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CHAPTERDivorce and ItsLegal Consequ
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Ending a Marriagel How to describe
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Figure 32.1Grounds for Divorce and
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Example 2. Elise Carruthers persist
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Fingerprint ExpertKevin Teddy is an
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Divorce Settlementl How to identify
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“Divorce.Com”The Internet is a
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CHAPTERASSESSMENTSection 32.1 Endin
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CHAPTERRenting a Place to LiveUnder
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The RentalAgreementl How to define
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Tenancy at WillA tenancy at will is
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necessary to keep the premises fit
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When renting, keep thevolume on you
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Failure to abide by the restriction
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RoomiesWhen two or more people sign
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CHAPTERASSESSMENTSection 33.1 The R
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CHAPTERBuying a HomeUnderstanding B
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l How to compare theadvantages andd
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Figure 34.2AFFORDING A MORTGAGEYour
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Criminal Court JudgeWhen Dianne Jon
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l How to identify somesuggestions t
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Example 2. Monica and James Dipirro
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Taking OwnershipOwnership of proper
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Eminent Domainand SidewalksJordan i
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Figure 34.7The Nature of Real Prope
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CHAPTERASSESSMENTSection 34.1 Evalu
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CHAPTERInsurance ProtectionUndersta
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l How to explain themeaning and pur
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INSURABLE INTERESTYou cannot take o
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Figure 35.2Life Expectancy Table, A
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When buying term life insurance, yo
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employees who have been laid off pa
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Property Insurancel How to identify
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The NetherlandsDo people who are in
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CHAPTERASSESSMENTSection 35.1 The I
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CHAPTERRetirement and WillsUndersta
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Retirement Incomel How to describe
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Death and TaxesMost people own life
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START EARLYTax-deferred investments
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In 1935, Lord Moynihanand R. Killic
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Figure 36.4LAST WILL AND TESTAMENTO
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Legal ColumnistWhen the topic is th
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Figure 36.5 Distribution of Intesta
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CHAPTERASSESSMENTSection 36.1 Retir
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UNITLaw Workshop:Using Legal Skills
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UNITJones v. Mayer Co.U.S. Supreme
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APPENDIXThe Constitution of theUnit
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APPENDIX ANo Person shall be a Sena
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APPENDIX ATo declare War, grant Let
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APPENDIX AIn Case of the Removal of
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APPENDIX ALegislatures of the State
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APPENDIX AAmendment IXThe enumerati
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APPENDIX AAmendment XVSection 1 ■
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APPENDIX ASection 2 ■ This articl
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APPENDIXThe Declaration ofIndepende
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APPENDIX BHe has made Judges depend
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Aabandoned When an emancipated mino
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ilateral mistake Occurs when both p
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cooling-off rule Provision that giv
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Equal Credit Opportunity Act Ensure
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holographic will Will written entir
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limited-payment life insurance Allo
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passenger People being legally tran
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ight-to-work laws State laws that p
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title The formal written right of o
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AAmerican Legal Aid, Inc.v. Legal A
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ailors, 368bait and switch advertis
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contracts, written, 205-221best evi
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education-industry cooperation, 447
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health maintenance organizations(HM
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limited lifetime of soleproprietors
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pension plans, 456. See also retire
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Securities and Exchange Commission(
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United Nations Commission onInterna
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