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writ

a writ calling the attention of the trial court to facts which do not appear on the record despite the exercise of reasonable diligence by the defendant and which if known and established at the time a

willful blindness

willful blindness : deliberate failure to make a reasonable inquiry of wrongdoing (as drug dealing in one's house) despite suspicion or an awareness of the high probability of its existence NOTE: Willful blindness involves conscious avoidance of

waiver of ineligibility

conditions and activities. Some applicants for visas are able to apply for permission to enter the United States despite the ineligibility. The applicant must apply for permission to enter the United States (waiver). Go to Classes of

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temporary partial disability (tpd)

temporary partial disability (tpd) TPD benefits are payable when an injured employee is able to work despite their injury. The benefits are available only for a limited period of time, in recognition of the fact

rule of necessity

rule of necessity :a rule permitting or requiring a judge or other official to adjudicate a case despite bias or personal interest when disqualification would result in the lack of any competent tribunal

recusant

recusant : refusing to submit to authority [the witness failed to appear despite a subpoena] recusant n

promise

solely on the will of the supposed promisor] implied promise : a promise that is considered to exist despite the lack of an agreement or express terms to that effect and the breach of which may be

quantum meruit

provided 2 : a theory or doctrine that permits recovery by a party for services or materials provided despite the absence of an express contract when they were accepted and used by the defendant under circumstances which

possession

actual possession 1 : direct occupancy, use, or control of real property [had actual possession of the land despite a lack of legal title] 2 : direct physical custody, care, or control of property or contraband (as

necessaries

considered by reference to his or her circumstances to warrant holding the minor to a contract for them despite an attempt to disaffirm it

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