Dwelling
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Dwelling
In law, a dwelling (also known as a residence, abode or domicile) is a self-contained unit of accommodation – such as a house, apartment, mobile home, houseboat, recreational vehicle, or other "substantial" structure – used as a home by one or more households. The concept of a dwelling has significance in relation to search and seizure, conveyancing of real property, burglary, trespass, and land-use planning. Legal definitions Legal definitions vary by jurisdiction. 'Dwelling' (England and Wales) Under English law, a dwelling is defined as a self-contained 'substantial' unit of accommodation, such as a building, part of a building, caravan, houseboat or other mobile home. A tent is not normally considered substantial. 'Dwelling' (North Carolina) According to North Carolina General Statute § 160A-442, "Dwelling" means any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation, or intended to be so used, and includes ...
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House
A house is a single-unit residential building. It may range in complexity from a rudimentary hut to a complex structure of wood, masonry, concrete or other material, outfitted with plumbing, electrical, and heating, ventilation, and air conditioning systems.Schoenauer, Norbert (2000). ''6,000 Years of Housing'' (rev. ed.) (New York: W.W. Norton & Company). Houses use a range of different roofing systems to keep precipitation such as rain from getting into the dwelling space. Houses generally have doors or locks to secure the dwelling space and protect its inhabitants and contents from burglars or other trespassers. Most conventional modern houses in Western cultures will contain one or more bedrooms and bathrooms, a kitchen or cooking area, and a living room. A house may have a separate dining room, or the eating area may be integrated into the kitchen or another room. Some large houses in North America have a recreation room. In traditional agriculture-oriented soc ...
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Habitual Residence
In conflict of laws, habitual residence is the standard used to determine the law which should be applied to determine a given legal dispute or entitlement. It can be contrasted with the law on domicile, traditionally used in common law jurisdictions to do the same thing. Habitual residence is determined based on the totality of circumstances which may include both future intention and past experience. There is normally only one habitual residence where the individual usually resides and routinely returns to after visiting other places. It is the geographical place considered "home" for a reasonably significant period of time. Description In conflict of laws there are three personal connecting factors that help courts determine which law should apply to a particular dispute or issue. These are nationality, domicile, and habitual residence. Habitual residence is the newest concept of the three and is becoming a more commonly used factor than domicile in many common law jurisd ...
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Family Law
Family law (also called matrimonial law or the law of domestic relations) is an area of the law that deals with family matters and domestic relations. Overview Subjects that commonly fall under a nation's body of family law include: * Marriage, civil unions, and domestic partnerships: ** Entry into legally recognized spousal and domestic relationships ** The termination of legally recognized family relationships and ancillary matters, including divorce, annulment, property settlements, alimony, child custody and visitation, child support and alimony awards ** Prenuptial and Postnuptial agreements * Adoption: proceedings to adopt a child and, in some cases, an adult. * Surrogacy: the law and process of giving birth as a surrogate mother * Child protective proceedings: court proceedings that may result from state intervention in cases of child abuse and child neglect * Juvenile law: Matters relating to minors including status offenses, delinquency, emancipation and ...
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List Of Human Habitation Forms
This is a list of house types. Houses can be built in a large variety of configurations. A basic division is between free-standing or single-family detached homes and various types of attached or multi-family residential dwellings. Both may vary greatly in scale and the amount of accommodation provided. By layout Hut A hut is a dwelling of relatively simple construction, usually one room and one story in height. The design and materials of huts vary widely around the world. Bungalow Bungalow is a common term applied to a low one-story house with a shallow-pitched roof (in some locations, dormered varieties are referred to as 1.5-story, such as the chalet bungalow in the United Kingdom). Cottage A cottage is a small house, usually one or two stories in height, although the term is sometimes applied to larger structures. Ranch A ranch-style house or rambler is one-story, low to the ground, with a low-pitched roof, usually rectangular, L- or U-shaped with deep over ...
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:Housing
Housing refers to a property containing one or more shelter as a living space. Housing spaces are inhabited either by individuals or a collective group of people. Housing is also referred to as a human need and human right, playing a critical role in shaping the quality of life for individuals, families, and communities. As a result, the quality and type of housing an individual or collective inhabits plays a large role in housing organization and housing policy. Overview Housing is a physical structure indented for dwelling, lodging or shelter that homes people and provides them with a place to reside. Housing includes a wide range of sub-genres from apartments and houses to temporary shelters and emergency accommodations. Access to safe, affordable, and stable housing is essential for a person to achieve optimal health, safety, and overall well-being. Housing affects economic, social, and cultural opportunities as it is directly linked to education, employment, healthca ...
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Open Fields Doctrine
The open-fields doctrine (also open-field doctrine or open-fields rule), in the U.S. law of criminal procedure, is the legal doctrine that a " warrantless search of the area outside a property owner's curtilage" does not violate the Fourth Amendment to the United States Constitution. However, "unless there is some other legal basis for the search," such a search "must exclude the home and any adjoining land (such as a yard) that is within an enclosure or otherwise protected from public scrutiny." History The open fields doctrine was first articulated by the U.S. Supreme Court in '' Hester v. United States'', which stated that "the special protection accorded by the Fourth Amendment to the people in their 'persons, houses, papers, and effects,' is not extended to the open fields." This opinion appears to be decided on the basis that "open fields are not a "constitutionally protected area" because they cannot be construed as "persons, houses, papers, reffects." This method of ...
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Land Use Planning
Land use planning or ''Land-use regulation'' is the process of regulating the Land use, use of land by a central authority. Usually, this is done to promote more desirable social and environmental outcomes as well as a more efficient resource use, use of resources. More specifically, the goals of modern land use planning often include Environmental protection, environmental conservation, restraint of urban sprawl, minimization of transport costs, prevention of land use conflicts, and a reduction in exposure to pollutants. In the pursuit of these goals, planners assume that regulating the use of land will change the patterns of human behavior, and that these changes are beneficial. The first assumption, that regulating land use changes the patterns of human behavior is widely accepted. However, the second assumption – that these changes are beneficial – is contested, and depends on the location and regulations being discussed. In urban planning, land use planning seeks to ord ...
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Reasonable Expectation Of Privacy
In United States constitutional law, reasonable expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a ''right to privacy'', a much broader concept which is found in many legal systems (see privacy law). Overall, reasonable expectations of privacy can be subjective or objective. Overview There are two types of reasonable expectations of privacy: * Subjective expectation of privacy: a certain individual's opinion that a certain location or situation is private which varies greatly from person to person * Objective expectation of privacy: legitimate and generally recognized by society and perhaps protected by law. Places where individuals expect privacy include residences, hotel rooms, or public places that have been provided by businesses or the public sector to ensure privacy, including public restrooms, private p ...
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Curtilage
In common law, the curtilage of a house or dwelling is the land immediately surrounding it, including any closely associated buildings and structures, but excluding any associated " open fields beyond". In feudal times every castle with its dependent buildings was protected by a surrounding wall, and all the land within the wall was termed the curtilage. The term excludes any closely associated buildings, structures, or divisions that contain the separate intimate activities of their own respective occupants, with those occupying residents being persons other than those residents of the house or dwelling of which the building is associated. In some legal jurisdictions, the curtilage of a dwelling forms an exterior boundary, within which a home owner can have a reasonable expectation of privacy and where "intimate home activities" take place. It is a basic legal concept underlying the concepts of search and seizure, conveyancing of real property, burglary, trespass, self-defense, ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Colorado
Colorado is a U.S. state, state in the Western United States. It is one of the Mountain states, sharing the Four Corners region with Arizona, New Mexico, and Utah. It is also bordered by Wyoming to the north, Nebraska to the northeast, Kansas to the east, and Oklahoma to the southeast. Colorado is noted for its landscape of mountains, forests, High Plains (United States), high plains, mesas, canyons, plateaus, rivers, and desert lands. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains. Colorado is the List of U.S. states and territories by area, eighth-largest U.S. state by area and the List of U.S. states and territories by population, 21st by population. The United States Census Bureau estimated the population of Colorado to be 5,957,493 as of July 1, 2024, a 3.2% increase from the 2020 United States census. The region has been inhabited by Native Americans in the United St ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar or obtained a comparable qualification where available, such as solicitor advocates in English law, England law. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employed by an office of the ...
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