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Simple English definitions for legal terms

recourse

Read a random definition: Law of The Hague

A quick definition of recourse:

Recourse refers to the process of enforcing one's rights. For example, if someone is fired for discriminatory reasons, they may have legal recourse to seek justice. It can also refer to a type of debt where the creditor can collect what is owed on the debtor's personal assets even after taking collateral. However, the creditor must first look to the collateral before pursuing the debtor's personal assets. Whether a debt is recourse or nonrecourse can be determined by looking at the language of the debt instrument. In some cases, whether a debt is recourse or nonrecourse does not affect its treatment.

A more thorough explanation:

Recourse is a legal term that can have two meanings:

Recourse refers to the process of enforcing one's rights. For example, if an employee is wrongfully terminated, they may seek recourse by taking legal action against their employer. However, in some cases, such as in the U.S. Supreme Court case Our Lady of Guadalupe School v. Morrissey-Berru, employees may not have legal recourse if they are classified as "ministers."

Recourse can also refer to a type of debt where the creditor can collect what is owed on the debtor's personal assets, even after taking collateral. This is different from nonrecourse debt, where the creditor may only look to the collateral. However, the creditor must first look to the collateral before pursuing the debtor's personal assets.

For example, in Racine v. Commissioner, a loan was classified as recourse debt because the borrower was personally liable for the full amount. The creditor could pursue the debtor's personal assets if the collateral did not satisfy the debt.

Courts determine whether a loan is recourse or nonrecourse by looking at the language of the debt instrument. For example, in Veleron Holding v. Stanley, a debt was classified as recourse because the credit agreement stated that the creditor could sue the borrower for the full amount due under the loan, including any deficiency after the sale of the pledged collateral.

However, in some cases, whether a debt is recourse or nonrecourse does not affect the treatment of the debt. For example, in Crane v. Commissioner, the U.S. Supreme Court found that a taxpayer realized gain on the sale of a property when the buyer assumed the seller's mortgage on the sold property, regardless of whether the mortgage was recourse or nonrecourse.

recoupment | recover

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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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