Shamokin Construction Lawyer, Pennsylvania
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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3 East 5th Street, Bloomsburg, PA 17815
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LEGAL TERMS
SERVIENT TENEMENT
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would ... (more...)
Property that is subject to use by another for a specific purpose. For example, a beachfront house that has a public walkway to the beach on its premises would be a servient tenement.
QUANTUM MERUIT
The reasonable value of services provided, which a winning party may be able to recover from an opponent who broke a contract.
USE TAX
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy... (more...)
A tax imposed by a state to compensate for the sales tax lost when an item is purchased outside of the state, but is used within the state. For example, you buy your car in a state that has no sales tax, but you live across the border in a state that does have a sales tax. When you bring your car home and register it in your state, the state taxing authority will bill you for the sales tax it would have collected had you bought the car within the state.
RIGHT OF SURVIVORSHIP
The right of a surviving joint tenant to take ownership of a deceased joint tenant's share of the property. See joint tenancy.
TANGIBLE PERSONAL PROPERTY
Personal property that can be felt or touched. Examples include furniture, cars, jewelry and artwork. However, cash and checking accounts are not tangible perso... (more...)
Personal property that can be felt or touched. Examples include furniture, cars, jewelry and artwork. However, cash and checking accounts are not tangible personal property. The law is unsettled as to whether computer data is tangible personal property. Compare intangible property.
NONCOMPETITION AGREEMENT
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party ... (more...)
An agreement, generally included in an employment contract or a contract for the sale of a business, where one party agrees not to compete with the other party for a specific period of time and within a particular area. Salespeople, for example, often sign noncompetition agreements that prevent them from using the contacts gained by one employer to benefit another employer. Or a salesperson may sign what is known as a 'noncompete,' agreeing not to sell within a particular area, or even work in the same type of business. In some states, such as California, courts view noncompetition agreements with disfavor and will not enforce them unless the restrictions are very narrow. In other states, courts routinely uphold them.
OFFENSIVE COLLATERAL ESTOPPEL
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his la... (more...)
A doctrine that prevents a defendant from re-litigating an issue after it has been lost. For example, if your neighbor sues you for putting up a fence on his land and the court rules that your fence extends beyond your property line, you can't later file your own lawsuit seeking a declaration that the property line is incorrectly drawn.
FINDER'S FEE
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords,... (more...)
A fee charged by real estate brokers and apartment-finding services in exchange for locating a rental property. These fees are permitted by law. Some landlords, however, charge finder's fees merely for renting a place. This type of charge is not legitimate and, in some areas, is specifically declared illegal.
TESTAMENTARY DISPOSITION
Leaving property in a will.
SAMPLE LEGAL CASES
Cove Centre, Inc. v. WESTHAFER CONSTRUCTION, INC.
¶ 1 Westhafer Construction, Inc. (Westhafer) appeals the judgment entered in favor of Cove
Centre, Inc. (Cove Centre) following imposition of discovery sanctions by the trial court. The court's
order declared requests for admission to be admitted, precluded expert testimony, and ...
MALT BEV. DIST. v. Liquor Control Bd.
... It reasoned that such construction would lead to the absurd result of citing a licensee for not
offering alcohol to be ingested at the site, when the express purpose of the regulatory scheme
is to restrict the sale of alcohol. See Application of El Rancho Grande Inc., 496 Pa. ...
Commonwealth v. Brown
... 1999). This issue of statutory construction is a pure question of law, subject to plenary and de
novo review. Commonwealth v. Bradley, 834 A.2d 1127, 1131 (Pa. 2003). ... 1995). Thus, our task
is one of statutory interpretation. The rules of statutory construction are well settled: ...
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