The augmented estate is the value of a decedent’s estate used when the surviving spouse chooses to take an elective share, rather than what was left by will. The Uniform Probate Code calculates the augmented estate as all real and personal...
family & personal matters
autopsy rights
Autopsy rights are those given to the deceased and the next of kin to determine whether and to what extent autopsies should be performed. Typically, the individual (prior to death) and next of kin get to decide whether an autopsy is performed...
best interests of the child
The best interests of the child is a court doctrine used in custody proceedings when two parents are contesting custody of the child. Courts use this doctrine to make decisions regarding which parent will have custody of the child, the nature...
bigamy
Bigamy is a marriage in which one of the parties is already legally married. Bigamy is the practice which involves having two spouses at the same time. The second marriage to someone who is already legally married is void and may be annulled...
bilateral divorce
A bilateral divorce is a divorce proceeding where both parties are subject to the court’s personal jurisdiction. A bilateral divorce does not require both parties to be domiciled where the court is exercising jurisdiction, just that both...
bird-nesting
Bird-nesting is a custody arrangement in which the children of divorced or separated parents reside permanently in a family home, while the parents rotate living in the home with the children only during their respective custody periods....
breach of promise
Breach of promise, although not actionable in most jurisdictions, is a breach of a promise to marry another; in other words, it is a broken engagement. It is a tort against the breaching party. The principle of breach of promise treats the...
burial insurance
Burial insurance is an insurance purchased to cover the cost of burial, cremation or other disposal of a deceased remains. Burial insurance can be defined as a type of life insurance: the paid-up capital is used to cover the costs of the...
capacity
Capacity refers to the ability to make a rational decision based upon all relevant facts and considerations. Some common usages of the term “capacity” in a legal sense include:
In the context of criminal law, the term “capacity” means...carnal knowledge
Carnal knowledge is sexual intercourse between two people, typically requiring at least some slight penetration. Carnal knowledge is a necessary element of many sex crimes such as rape, child molestation, or consensual sexual relations with...