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Dictionary of Law |
undue influence :: legal definitionUndue influence - n. the amount of pressure which one uses to force someone to execute a will leaving assets in a particular way, to make a direct gift while alive or to sign a contract. The key element is that the influence was so great that the testator (will writer), donor (gift giver) or party to the contract had lost the ability to exercise his/her judgment and could not refuse to give in to the pressure. Evidence of such dominance of another's mind may result in invalidation of the will, gift or contract by a court if the will, gift or contract is challenged. Participation in preparation of the will, excluding other relatives being present when the testator and the attorney meet, are all evidence of undue pressure, and an imbalance or change in language which greatly favors the person exercising the influence is a factor in finding undue influence. Example: Pete Pounder constantly visits his aunt Agnes while she is ill and always urges her to leave her mansion to him instead of to her son. Pounder threatens to stop visiting the old lady, who is very lonely, tells her she is ungrateful for his attention, finally brings over an attorney who does not know Agnes and is present while she tells the attorney to write a new will in favor of Pounder. See also: will will contest and Related Law Terms ↓ Related Law Termsabuse of discretion :: n. a polite way of saying a trial judge has made s ... partner's realistic ability to pay.advancement :: n. a gift made by a person to one of his or her ch ... tate gift in contemplation of death attorney's fee :: n. the payment for legal services. It can take sev ... ees in the particular type of case. benefit of counsel :: n. having the opportunity to have an attorney and ... attorney is the person's own fault. burden of proof :: n. the requirement that the plaintiff (the party b ... ence prima facie weight of evidence closing argument :: n. the final argument by an attorney on behalf of ... . See also: opening statement trial evidence :: n. every type of proof legally presented at trial ... material object objection relevant Grand Jury :: n. a jury in each county or federal court district ... arge indictment preliminary hearing hearing :: n. any proceeding before a judge or other magistra ... e hearing preliminary hearing trial indictment :: n. a charge of a felony (serious crime) voted by a ... ictable offense preliminary hearing motion for dismissal :: (non-suit) n. application by a defendant in a laws ... otion for nonsuit. See also: motion option :: n. a right to purchase property or require another ... ng or upon expiration of the lease. parol evidence rule :: n. if there is evidence in writing (such as a sign ... or contradict the written document. preliminary hearing :: n. in criminal law, a hearing to determine if a pe ... nment charge Grand Jury information pretermitted heir :: n. the child of a person who has written a will in ... cified $10,000 each. See also: heir prima facie :: : (pry-mah fay-shah) adj. Latin for "at first look ... t" case. See also: prima facie case speaking demurrer :: n. an attempt to introduce evidence during a heari ... the operation." See also: demurrer testamentary capacity :: n. having the mental competency to execute a will ... lso: competent undue influence will testify :: v. to give oral evidence under oath in answer to q ... deposition evidence testimony trial trial :: n. the examination of facts and law presided over ... at a hearing held at a later time. will :: n. a written document which leaves the estate of t ... will and testament probate testator will contest :: n. a lawsuit challenging the validity of a will an ... so: in terrorem clause probate will Popular Law Searcheslegal definition ministerial act :: n. an act, particularly of a governmental employee ... exercising any individual judgment.chancery legal definition :: n. a court that can order acts performed. Today ch ... ts in most states. See also: equity testamentary disposition legal definition :: n. how the terms of a will divide the testator's ( ... named beneficiaries. See also: will contract of sufferance :: n. a "hold-over" tenancy after a lease has expired ... y tenancy at will unlawful detainer forthwith legal definition :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. forthwith definition legal :: adv. a term found in contracts, court orders and s ... mediacy, with no excuses for delay. what is to wit in a legal contract :: prep. that is to say. Example: "the passengers in ... tty Bumgartner and Sherry Younger." mirror wills legal definition :: n. the wills of a husband and wife which are ident ... d each names the other as executor. clean hands doctrine latin :: n. a rule of law that a person coming to court wit ... ices. See also: affirmative defense sine qua non only relates to contract law :: (see-nay kwah nahn) prep. Latin for "without which ... qua non of the injury to Playmate. Other Law Terms - UUCC-1 :: n. a financing agreement form for using personal p ... (UCC) adopted in almost all states.ultimate fact :: n. in a trial, a conclusion of fact which is logic ... is not evidence. See also: evidence ultra vires :: (uhl-trah veye-rehz) adj. Latin for "beyond powers ... it is issued. See also: corporation ultrahazardous activity :: n. an action or process which is so inherently dan ... sional auto race on public streets. unclean hands :: n. a legal doctrine which is a defense to a compla ... ough. See also: affirmative defense unconscionable :: adj. referring to a contract or bargain which is s ... ee also: adhesion contract contract unconstitutional :: adj. referring to a statute, governmental conduct, ... ee also: constitution Supreme Court under the influence :: n. one of many phrases for being drunk on alcoholi ... See also: driving while intoxicated underwrite :: v. 1) to agree to pay an obligation which may aris ... antee guarantor insurer underwriter underwriter :: n. a company or person which/who underwrites an in ... ss or project. See also: underwrite undisclosed principal :: n. a person who uses an agent for his/her negotiat ... dispute. See also: agent principal undivided interest :: n. title to real property held by two or more pers ... y by the entirety tenancy in common undue influence :: n. the amount of pressure which one uses to force ... ounder. See also: will will contest unfair competition :: n. wrongful and/or fraudulent business methods to ... ctices tend to harm one's business. unified estate and gift tax :: n. in federal estate taxes, the value of the estat ... turn. See also: estate tax gift tax Uniform Commercial Code :: n. a set of statutes governing the conduct of busi ... s except Louisiana. See also: UCC-1 unilateral contract :: n. an agreement to pay in exchange for performance ... consideration contract performance uninsured motorist clause :: n. the clause in a policy of insurance on an autom ... l pay its insured's actual damages. unissued stock :: n. a corporation's shares of stock which are autho ... poration share stock treasury stock unjust enrichment :: n. a benefit by chance, mistake or another's misfo ... perty. See also: constructive trust |