Warning

Info

Warning

Info

Warning

Info

LSDefine

Simple English definitions for legal terms

characterization

Read a random definition: homologation

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.

chapter-surfing | character loan

Warning

Info

General

General chat about the legal profession.
main_chatroom
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
texaslawhopefully
22:30
@KnowledgeableRitzyWasp: That all sounds great. It sounds like it has fairly diverse cuisine for a smaller city
yeah there are so many good cuisines in ithaca
renard99
22:31
@lilypadfrog: that’s a pity I’da be liking them all
texaslawhopefully
22:31
Only food I’m going to miss for sure if I leave Texas is texmex
22:31
waspy hasnt had thai food in ithaca yet. ithaca thai is so good
^^^^ truuuuuu
22:32
there are two major thai places and they have very similar names bc a divorced husband and wife own them lol
22:32
personally i think taste of thai is better than taste of thai express but thats just me
i had pho tho and it was really good and huge portions
texaslawhopefully
22:32
Glad they have good Thai food, I love Thai food! Can’t wait to visit :)
22:33
when tex goes to ithaca i want to come
Dkk
22:34
Crying Tiger, best Thai dish.
damn im so hungry all i had today was a curry tonkatsu and buldak
and it was a lil baby noodle cup
vvv hungry
22:36
curry tonkatsu so yummeh
22:36
whats even open rn? pizza?
CTB is it i think
22:37
is collegetown pizza not open
22:37
i used to get a slice from there or wings over at like 1am after my shift at the restaurant
Dkk
22:48
Ross Ulbricht free. God Bless Trump. Huge win.
JeremyFragrance
22:54
agreed
texaslawhopefully
22:55
This is an interesting read: https://thedispatch.com/article/birthright-citizenship-trump-implications/
Dkk
23:01
I mean, idk how it's possible to end birth right citizenship without amending the constitution because to me the 14th amendment is pretty clear about it.
ross ulbricht tried to hire a hitman to kill 5 people
i am not that sympathetic to him
Dkk
23:04
@KnowledgeableRitzyWasp: That might have been an FBI agent. It was most likely him and he was most likely doing it to retrieve stolen funds that corrupt FBI agents stole, but yeah moral gray area but me personally, cool with hitmen. It's not like it is uncommon to hire hitmen. I don't think the action itself is necessarily wrong but the intent behind it can be.
Dkk
23:05
Like, Boeing whistblowers being killed by hitmen = wrong but a guy hiring hitmen to retrieve stolen funds = good to me.
texaslawhopefully
23:05
@Dkk: Yeah, for sure. My guess is it'll go to SCOTUS and it'll be 8-1 or 7-2, saying that EO was unconstitutional.
Dkk
23:06
Indeed. I need a count for how many exectuive orders he has signed and how many already have pending lawsuits.
LSD+ is ad-free, with DMs, discounts, case briefs & more.