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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

liability

the entire judgment against any one of the tortfeasors NOTE: In some jurisdictions, joint and several liability remains despite adoption of comparative fault, and in others it has been eliminated by comparative fault. joint liability : liability

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idem sonans

NOTE: An idem sonans name allows a pleading or other document (as a warrant) to be considered valid despite the minor misspelling of a name or other misidentification of a party (as in identifying a corporation as

freedom of religion

state interest. On this basis, practices used in some religions, such as drug use and bigamy, are prohibited despite the First Amendment guarantee.

fraud

fraud : extrinsic fraud in this entry constructive fraud : conduct that is considered fraud under the law despite the absence of an intent to deceive because it has the same consequences as an actual fraud would

file

among the records of an office esp. by formally receiving and endorsing [a complaint filed by the clerk despite the absence of the filing fee] 2 : to return (the documentation in a case) to the records

equitable tolling

: a doctrine or principle of tort law: a statute of limitations will not bar a claim if despite use of due diligence the plaintiff did not or could not discover the injury until after the expiration

chattel

fixture NOTE: Interests that are considered chattels real have been treated by the common law as personal property despite being interests in real property.

ada

ada (Americans With Disabilities Act) - Prohibits discrimination against any employee or applicant who could perform a job despite a disability. The act also requires an employer to provide an accommodation (modified work hours or duties, or

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