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Legal Definitions - heredity

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Definition of heredity

Heredity refers to the process by which characteristics are passed down from parents to their offspring through genetic material. It explains why children often resemble their parents and can inherit specific traits, predispositions, or even certain medical conditions.

Historically, in a legal context, 'heredity' also referred to the system of intestate succession, which is how property was distributed when someone died without a will, following established common law rules.

Here are some examples illustrating the primary, biological meaning of heredity:

  • Physical Traits: Imagine a child who is born with striking blue eyes and a natural curl to their hair, just like their maternal grandfather. This demonstrates heredity because the child inherited these specific physical characteristics—eye color and hair texture—through the genetic information passed down from their ancestors.

  • Medical Predispositions: Consider a person who discovers they have a higher genetic risk for developing a particular type of heart disease, as several close relatives in their family history have also suffered from the condition. This illustrates heredity by showing how a predisposition to certain health conditions can be passed down through generations, making individuals more susceptible based on their inherited genetic makeup.

  • Behavioral or Physiological Traits in Animals: Think of a specific breed of retriever dogs known for their strong retrieving instinct and exceptional swimming ability. These traits have been consistently observed and passed down through generations within that breed. This shows heredity in action, as the inherent behavioral tendencies (retrieving instinct) and physiological capabilities (swimming prowess) are genetically transmitted from parent dogs to their offspring, defining characteristics of the breed.

Simple Definition

Heredity, in an archaic legal context, refers to intestate succession. This is the process of inheriting property when a person dies without a will, following established common-law rules of inheritance.

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