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Simple English definitions for legal terms

characterization

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A quick definition of characterization:

Characterization is the process of figuring out which laws apply to a particular situation. This is important when there are different laws in different places that could apply. For example, if someone gets hurt in one state but lives in another, the court needs to decide which state's laws to use. In family law, characterization is used to decide if property belongs to just one spouse or both. It's like sorting things into different piles so that the right rules can be used.

A more thorough explanation:

Definition: Characterization refers to the process of classifying, qualifying, and interpreting laws that apply to a particular case. It is used in conflict of laws and family law.

In a conflict-of-laws situation, a court must determine the nature of the problem presented to it for solution. For example, if the problem relates to torts, contracts, property, or some other field, the court must refer to the appropriate law. This process is called characterization, classification, qualification, or interpretation.

For instance, if a person is injured in a car accident in one state but lives in another state, the court must determine which state's laws apply to the case. The court must first characterize the problem as a tort and then apply the appropriate choice-of-law rule to the case.

In family law, characterization refers to the process of classifying property accumulated by spouses as either separate or marital property (or community property). For example, if a couple gets divorced, the court must determine which property belongs to each spouse. The court must first characterize the property as separate or marital property and then divide it accordingly.

For instance, if a couple buys a house during their marriage, the court must characterize the house as marital property. However, if one spouse inherits a house from their parents, the court must characterize the house as separate property.

These examples illustrate how characterization is used to determine which laws apply to a particular case and how property should be classified in family law.

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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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