Cosby Construction Lawyer, Missouri, page 2


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

Elizabeth Ann Hodges-Williams

Tax, Real Estate, Dispute Resolution, Elder Law
Status:  In Good Standing           Licensed:  14 Years

Louis Angles

Landlord-Tenant, Traffic, Family Law, Medical Malpractice
Status:  In Good Standing           

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Free Help: Use This Form or Call 800-943-8690

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LEGAL TERMS

DIRECT EXAMINATION

At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain you... (more...)
At trial, the initial questioning of a party or witness by the side that called him or her to testify. The major purpose of direct examination is to explain your version of events to the judge or jury and to undercut your adversary's version. Good direct examination seeks to prove all facts necessary to satisfy the plaintiff's legal claims or causes of action -- for example, that the defendant breached a valid contract and, as a result, the plaintiff suffered a loss.

ELEMENTS (OF A CASE)

The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elem... (more...)
The component parts of a legal claim or cause of action. To win a lawsuit, a plaintiff must prove every element of a legal claim. For example, here are the elements of a breach of contract claim: There was a valid contract. The plaintiff performed as specified by the contract. The defendant failed to perform as specified by the contract. The plaintiff suffered an economic loss as a result of the defendant's breach of contract.

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.

SEIZURE

The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a ro... (more...)
The taking of physical evidence or property by law enforcement officials. This runs the gamut from taking blood for a drug test to impounding a car used in a robbery. The police must generally obtain a search warrant, or court order, before they can seize personal property.

SEVERABILITY CLAUSE

A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the... (more...)
A provision in a contract that preserves the rest of the contract if a portion of it is invalidated by a court. Without a severability clause, a decision by the court finding one part of the contract unenforceable would invalidate the entire document.

UNIFORM TRANSFERS TO MINORS ACT

A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is o... (more...)
A statute, adopted by almost all states, that provides a method for transferring property to minors and arranging for an adult to manage it until the child is old enough to receive it. See custodian.

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.

FORECLOSURE

The forced sale of real estate to pay off a loan on which the owner of the property has defaulted.

CAUSE OF ACTION

A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is... (more...)
A specific legal claim -- such as for negligence, breach of contract or medical malpractice -- for which a plaintiff seeks compensation. Each cause of action is divided into discrete elements, all of which must be proved to present a winning case.

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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