Caulfield Construction Lawyer, Missouri, page 3


Includes: Construction Contracts, Construction Liens, Housing & Construction Defects

Kathryn Pool Fisher

General Practice
Status:  In Good Standing           Licensed:  44 Years

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LEGAL TERMS

MARITAL DEDUCTION

A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions a... (more...)
A deduction allowed by the federal estate tax laws for all property passed to a surviving spouse who is a U.S. citizen. This deduction (which really functions as an exemption) allows anyone, even a billionaire, to pass his or her entire estate to a surviving spouse without any tax at all.

ESTATE

Generally, all the property you own when you die.

APPRECIATION

An increase in value. Appreciated property is property that has gone up in value since it was acquired.

TORTIOUS INTERFERENCE

The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to ... (more...)
The causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.

SPECIFIC PERFORMANCE

A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the ... (more...)
A remedy provided by a court that orders the losing side to perform its part of a contract rather than, or possibly in addition to, paying money damages to the winner.

UNCLEAN HANDS

A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she woul... (more...)
A legal doctrine that prevents a plaintiff who has acted unethically in relation to a lawsuit from winning the suit or from recovering as much money as she would have if she had behaved honorably. For example, if a contractor is suing a homeowner to recover the price of work he did on the home, his failure to perform the work as specified would leave him with unclean hands.

LEASE OPTION

A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to b... (more...)
A contract in which an owner leases her house (usually for one to five years) to a tenant for a specific monthly rent, and which gives the tenant the right to buy the house at the end of the lease period for a price established in advance. A lease option is often a good arrangement for a potential home buyer because it lets him move into a house he may buy without having to come up with a down payment or financing at that time.

DIVIDEND

A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash,... (more...)
A portion of profits distributed by a corporation to its shareholders based on the type of stock and number of shares owned. Dividends are usually paid in cash, though they may also be paid in the form of additional shares of stock or other property. The amount of a dividend is established by the corporation's board of directors; however, state laws often restrict a corporation's ability to declare dividends by requiring a minimum level of profits or assets before the dividend can be approved.

LEGACY

An outdated legal word meaning personal property left by a will. The more common term for this type of property is bequest. Compare devise.

SAMPLE LEGAL CASES

Anderson v. Ken Kauffman & Sons Excavating

... Nicholas contends that the trial court engaged in unnecessary statutory construction and failed to apply the plain language of the amended statute when it found that the legislature did not intend to eliminate the exclusivity requirement. ...

Robinson v. Hooker

... Taylor, 73 SW3d at 622. 2. Statutory Construction. Prior ... "`A strict construction of a statute presumes nothing that is not expressed.'" Id. (quoting Sutherland, supra.). 3. Strict Construction of Employer Immunity Provisions. Based ...

Turner v. State

... of Revenue, 850 SW2d 82, 84 (Mo. banc 1993)). The state next argues that even if the statute is ambiguous, the ambiguity should be resolved through canons of construction other than the rule of lenity, which should only be used in the event the other canons are inapplicable. ...

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