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Simple English definitions for legal terms

characterization

Read a random definition: Diplomatic Security Service

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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true i love ur user
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thank you my little crow friend
Dkk
18:50
Med law easy done
medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
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what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
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@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
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