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Simple English definitions for legal terms

election, estoppel by

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A quick definition of election, estoppel by:

Election, estoppel by is a legal term that refers to a situation where a person intentionally chooses one option over another, and as a result, is prevented from benefiting from the option not chosen. Estoppel, in general, is a legal principle that prevents a person from denying or contradicting something they have previously said or done. Estoppel can arise from various situations, such as a false representation, a failure to speak when under a duty to do so, or a delay in asserting a claim.

A more thorough explanation:

Definition: Estoppel by election is a legal principle that prevents a person from benefiting from one option while rejecting another option that is inconsistent with the first option. It arises when a person intentionally chooses one option over another and is then prevented from claiming the benefits of the option they rejected.

Example: A person inherits a property that is subject to a mortgage. The person has the option to either assume the mortgage or pay it off. If the person chooses to assume the mortgage, they cannot later claim that they did not agree to be responsible for the mortgage payments. This is because they made an intentional choice to assume the mortgage and are now estopped from denying their responsibility.

This example illustrates how estoppel by election works. Once a person makes a choice, they are bound by that choice and cannot later claim the benefits of a different option that is inconsistent with their original choice.

election, doctrine of | election board

General

General chat about the legal profession.

General >T14 Off Topic

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LawIsForPeasants

17:40

@llama i do not need or desire external validation.

sadpadresfan

17:40

@KnowledgeableRitzyWasp: ah I see

llama

17:41

@LawIsForPeasants: ok, sorry, I will not bother u while u 'self validate yourself in the corner' my bad.

KnowledgeableRitzyWasp

17:41

@llama: im self validating so hard rn

llama

17:42

@KnowledgeableRitzyWasp: thats very ithica of you, wasp.

texaslawhopefully

17:44

@KnowledgeableRitzyWasp: Out of curiosity, since you're in law school and prolly know fedsoc people, how conservative do you think you have to be to be in fedsoc? Like is a david french sort of conservative fairly common in it, or is it the maga type people mainly

KnowledgeableRitzyWasp

17:46

i dont interact with any fedsoc people, but i dont know any maga people at cornell. but the student body overwhelmingly leans left, so i think they might not be comfortable showing that theyre conservative if that makes sense?

KnowledgeableRitzyWasp

17:46

one time a guy kind of crashed out about masks in conlaw

KnowledgeableRitzyWasp

17:46

but that's the most ive seen

texaslawhopefully

17:47

Yeah, that does make sense. I would like to join fedsoc, but I'm also, clearly, very opposed to Trump and where the GOP has gone.

KnowledgeableRitzyWasp

17:48

if you join fedsoc and go for clerking and eventually become a judge. you will be pinholed into maga politics as long as maga is the predominant conservative stance

SaddestPortlander

17:50

Idk if @irishdinosaur is online but congrats on UCLA!!

LawIsForPeasants

17:55

next you will say you want to be the first black kkk grand wizard

IrishDinosaur

17:56

@SaddestPortlander: tysm!!!!

texaslawhopefully

18:00

yes congrats irishdinosaur! that's incredible

oakenrays

18:03

@IrishDinosaur: you inspire me and my completely misguided cope that I might ever get into UCLA

ImpartialLion

18:05

Super big congrats irish!!!

ImpartialLion

18:06

Also pretty much agree with Wasp. I think it’s more about getting the political/judicial position as a Fedsoc member that will likely require a stance siding with whatever the conservative majority party is at that time.

texaslawhopefully

18:07

Yeah, that's fair. I guess I need to think about it more assuming I start law school in the fall. I really want to clerk and that seems like the best option.

ImpartialLion

18:07

BUT i think once you get the position, you’ll have more leeway in making decisions more liberally. Sort of like how ACB and Gorsuch sometimes swing left after being portreayed in the media as far right (not sure if that was actually the case though).

ImpartialLion

18:09

From the perspective of someone who interned at the White House, I will add that my bosses always told me to “be careful about my resume.” Don’t want to align with any org that doesn’t fit your values because you won’t be trusted by the other side until you show them you’re legit again, and word travels in DC.

texaslawhopefully

18:10

I mean I highly highly doubt I'll become a federal judge, it's more just about getting a leg up in getting opportunities in the first place

ImpartialLion

18:10

Not sure how that true that is in practice and sorry for the long messages💀

texaslawhopefully

18:10

And, yeah, that's fair. Right now my resume probably looks like it's from someone who is center-right

ImpartialLion

18:11

Honestly, it just depends on your values. If you ever see yourself being a dem member in any capacity, then MAYBE stay away. But like you just said, there’s a possibility to look moderate with the right WE post law school.

texaslawhopefully

18:12

Yeah, that's true as well. As a side note, it's very cool you interned with the white house, I know those internships are incredibly hard to get

Dkk

18:12

A lot of conservativism right now is also just be as aggressive and unwilling to compromise in decision making right now because the left is out there in lets appeal to 1% of the population land so proposals brought to the table by them are 1, insane and 2, all or nothing proposals with no compromise.

Dkk

18:12

It's a bad time to be partisan really in any way.

ImpartialLion

18:13

I had to apply 4 times and got off the WL so I barely got it. It was a cool exp but def not any work crazier than you would see on capitol hill or any political org imo.

texaslawhopefully

18:14

It def looks great on your resume though

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