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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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RoaldDahl
16:05
dodged the mich r wave what does this mean
HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
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