"Coming to the nuisance" is a defense in real estate law to a nuisance claim. A nuisance occurs when one land owner engages in conduct which significantly affects, interferes or otherwise negatively impacts another's ability to use and enjoy their own property or which may affect health, safety and welfare. A defense to a nuisance claim by the offending party is that it engaged … [Read more...]
PREPARATORY CONTRACT
An agreement that is in anticipation of another subsequent contract that will supersede the terms of the earlier contract. In essence, the earlier contract is a commitment to a directly related to the formalization of a future agreement. With individual agreements, there may be a question as to whether such a preparatory contract is legally binding. The performance of a … [Read more...]
EXPRESIO UNIUS EST EXCLUSIO ALTERIUS
Latin, a legal maxim meaning "the expression of one thing is to exclude another." The legal concept is that if the legislature mentions specifically mentions only certain items from a larger class of items, it meant to include only the items specified and to exclude those items that were omitted. "An implied exclusion argument lies whenever there is reason to believe that if … [Read more...]
INCORPORATION DOCTRINE
Incorporation in United States law is the concept that the Fourteenth Amendment of the Constitution "incorporated" the Bill of Rights (the first ten Amendments) to make them applicable to the states. As a result, state governments are held to at least the same standards as the federal government, such as a citizen's right of First Amendment freedom of speech, religion, and … [Read more...]
REVERSE INCORPORATION
The concept of reverse incorporation is that the Bill of Rights (the first ten Amendments) which was ratified in 1791 also incorporated parts of the Fourteenth Amendment - which was ratified 77 years later in 1868. The Incorporation Doctrine is the concept that the Fourteenth Amendment of the Constitution (the later document) "incorporated" the Bill of Rights (the earlier … [Read more...]