CLAIMS-CONSCIOUSNESS

claims-consciousness,n. The quality characterizing a legal culture in which people have firm expectations of justice and are willing to take concrete steps to see that justice is done <claims-consciousness in the United States has resulted from certain social changes, not from any character deficiency>. — Also termed rights-consciousness. — claims-conscious,adj. [Blacks Law 8th]

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CLAIM PRECLUSION

claim preclusion.See RES JUDICATA. “[T]he principal distinction between claim preclusion and issue preclusion is … that the former forecloses litigation of matters that have never been litigated. This makes it important to know the dimensions of the ‘claim’ that is foreclosed by bringing the first action, but unfortunately no precise definition is possible.” Charles Alan Wright,…

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CLAIM-OF-RIGHT DOCTRINE

claim-of-right doctrine.Tax. The rule that any income constructively received must be reported as income, whether or not the taxpayer has an unrestricted claim to it. [Cases: Internal Revenue  3086, 3118. C.J.S. Internal Revenue §§ 53–54, 63.] CLAIM OF TITLE claim of title.See CLAIM OF OWNERSHIP. [Blacks Law 8th]

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CLAIM OF RIGHT

claim of right. 1.Hist. A criminal plea, usu. to a theft charge, by a defendant asserting that the property was taken under the honest (but mistaken) belief that the defendant had a superior right to the property. • The claim of right could also be raised in defense against bigamy if a defendant honestly believed…

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