Also known as: livings · alive
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A person who has been born and remains alive at the relevant time. This status determines eligibility for class gifts and homicide liability.
A person who has been born and remains alive at the relevant time. This status determines eligibility for class gifts and homicide liability.
Lila Lin's will left property to her two then-living children. After execution, a third child is born and omitted. The omitted child's share is limited to the portion of the estate devised to the testator's then-living children under the will.
Luke Latham creates a trust to provide for the care of his dog alive during his lifetime. The trust terminates upon the death of the animal, the last surviving animal if multiple pets are covered.
The state of residing or cohabiting in a particular location or with a particular person. This fact triggers maintenance calculations and parental rights analysis.
Leo Lynch seeks maintenance after divorce. The court examines the financial resources of the party seeking maintenance, including marital property apportioned to him and his ability to meet needs independently while caring for a child living with him. These facts determine the amount and duration of any award.
Lorenzo Lugo, an unmarried biological father, lives with and cares for his newborn child while admitting paternity and paying support. His actual manifestations of parental responsibility give him the opportunity to develop a relationship and object to adoption.
One's source of monetary support or resources, especially employment. This concept limits equitable enforcement of personal service agreements and permits modest client gifts.
Leah Lamb, an indigent client represented pro bono by a legal services organization, faces eviction. Her lawyer provides a small sum for rent after confirming no promise was made before retention and no reimbursement will be sought. The payment qualifies as a permitted modest gift for basic living expenses.
Laura Lewis signed an exclusive personal services contract with Legacy Motors. An injunction preventing her from working elsewhere would leave her without other reasonable means of making a living. The court refuses the injunction.
The state of residing or cohabiting in a particular location or with a particular person. This fact triggers maintenance calculations and parental rights analysis.
One's source of monetary support or resources, especially employment. This concept limits equitable enforcement of personal service agreements and permits modest client gifts.
Each sense below has its own examples, sources, and questions.
The portion of the estate an omitted child may claim is limited to devises made to the testator's then-living children under the will. This restricts the omitted child's share to the class of children alive when the will was executed.
Courts consider the financial resources of the party seeking maintenance, including marital property apportioned and the ability to meet needs independently, plus any sum included for a child living with that party. The standard of living during the marriage is also weighed.
Living with and caring for the child, visiting regularly, admitting paternity, paying support, and showing willingness to assume custody establish the right to object to adoption. Mere intent to block adoption is insufficient.
A lawyer representing an indigent client pro bono may provide modest gifts for food, rent, transportation, medicine, and other basic living expenses. The lawyer may not promise the gifts before retention or seek reimbursement.
An injunction against serving another employer will be denied if it would compel performance of undesirable personal relations or leave the employee without other reasonable means of making a living. Courts refuse specific enforcement of personal service promises.
…it was a matter of dogma. For them the embryo was animate from the moment of conception, and abortion meant destruction of a living being. The abortion clause of the Oath, therefore, "echoes Pythagorean doctrines," and "[i]n no other stratum of Greek opinion were such views held or proposed in the same spirit of…