INCHOATE OFFENSES

Inchoate crimes are crimes where liability attached even though the crime may not have been completed. They generally involve at least taking a substantial step towards committing a crime, preparing to commit a crime or seeking to commit a crime. ...

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REASONS FOR PUNISHING CRIME

When we think about crime, we instinctively understand the need for punishment and accountability. After all, without recognized rules of behavior and systems for dealing with rule-breakers, societies could not maintain order. Still, reasons for criminal laws and criminal punishments ...

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POST – JUDGEMENT COLLECTIONS

Positioning to Enforce a Judgment Debtors holding a judgment over a creditor are called judgment creditors. Debtors who have had a judgment entered into the record against them are called judgment debtors. The easiest way for the judgment creditor to collect the ...

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PREJUDGMENT COLLECTION ACTIONS

Unfortunately, there may come a time when a debtor is unable to pay the creditor and legal action ensues. In most of these cases, the litigation follows the basic civil procedure rules; that is, the filing of a complaint, followed ...

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FEDERAL LAWS AND AGENCIES

Most debtor-creditor law exists on the state level as contract or tort law and is under state jurisdiction. But the federal government has also stepped into this area and created laws and enforcement agencies to deal with large consumer debt ...

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STATE DEBTOR-CREDITOR LAWS

Equitable Liens A lien is a creditor’s security interest in the property of a debtor for the satisfaction of a debt or duty that arises under the law.[1] State laws allow the creation of several different kinds of liens on property. ...

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THE DEBTOR-CREDITOR LANDSCAPE

Debt is a very important part of our economy. Nearly every American owes some kind of debt to someone else. These debts come in all shapes and sizes -- home mortgages, credit cards, automobile loans or leases, apartment leases, medical ...

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EXAMPLES OF MISSING PROVISIONS

This will be an issue-spotting exercise, beginning with sample provisions from templates followed by suggested changes based on applicable state laws. For our scenario, we’ll choose a newly-created Wyoming corporation, since business-friendly rules have made Wyoming an up-and-coming state for ...

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EFFECTS OF STATE LAW ON GOVERNING AGREEMENTS

Governing agreements are contracts. For most contracts among private parties, freedom of contract means that, aside from establishing fundamental guidance for their validity (such as the need for an offer, acceptance and consideration) and providing for basic fairness (such as consumer warranty ...

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