Bear Creek Construction Lawyer, Pennsylvania
Includes: Construction Contracts, Construction Liens, Housing & Construction Defects
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15 South Franklin Street, Wilkes Barre, PA 18711
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LEGAL TERMS
REFUGEE
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home co... (more...)
In the context of U.S. immigration law, people who have been allowed to live in the United States indefinitely to protect them from persecution in their home countries. Refugees get their status before coming to the U.S., while asylum seekers obtain their status after arrival. Refugees may eventually get green cards.
FIERI FACIAS
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary... (more...)
Latin for 'that you cause to be done.' This is a court document that instructs a sheriff to seize and sell a defendant's property in order to satisfy a monetary judgment against the defendant.
DOWN PAYMENT
A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the... (more...)
A lump sum cash payment paid by a buyer when he or she purchases a major piece of property, such as a car or house. The buyer typically takes out a loan for the balance remaining, and pays it off in monthly installments over time.
HOME WARRANTY
A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The w... (more...)
A service contract that covers a major housing system--for example, plumbing or electrical wiring--for a set period of time from the date a house is sold. The warranty guarantees repairs to the covered system and is renewable.
UNCONSCIONABILITY
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, i... (more...)
A seller's taking advantage of a buyer due to their unequal bargaining positions, perhaps because of the buyer's recent trauma, physical infirmity, ignorance, inability to read or inability to understand the language. The unfairness must be so severe that it is shocking to the average person. It usually includes the absence of any meaningful choice on the part of the buyer and contract terms so one-sided that they unreasonably favor the seller. A contract will be terminated if the buyer can prove unconscionability.
LIMITED EQUITY HOUSING
An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with ... (more...)
An arrangement designed to encourage low-and moderate-income families to purchase housing, in which the housing is offered at an extremely favorable price with a low down payment. The catch is that when the owner sells, she gets none of the profit if the market value of the unit has gone up. Any profit returns to the organization that built the home, which then resells the unit at an affordable price.
VIEW ORDINANCE
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from ha... (more...)
A law adopted by some cities or towns with desirable vistas -- such as those in the mountains or overlooking the ocean -- that protects a property owner from having his or her view obstructed by growing trees. View ordinances don't cover buildings or other structures that may block views.
BASIS
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the pr... (more...)
For income and capital gains tax purposes, the value that is used to determine profit or loss when property is sold. Often the basis is what you paid for the property, 'adjusted' to reflect improvements made or damage incurred while you own the property. See stepped-up basis, carryover basis.
JUS COGENS
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and par... (more...)
Principles of international law so fundamental that no nation may ignore them or attempt to contract out of them through treaties. For example, genocide and participating in a slave trade are thought to be jus cogens.
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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