Written by attorneys · grounded in primary & secondary sources — see below
The act of acquiring possession, control, or title to property or benefits from another. This act triggers specific legal duties or liabilities when the item is stolen, held in trust, or subject to support obligations.
Sources & Authorities· 40 primary sources
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
How it applies
Common Examples
6
Stolen Vehicle Purchase
Ralph Richardson buys a motorcycle from an acquaintance for cash after the seller admits it was taken from a dealership lot. Because the amount exceeds five hundred dollars and Richardson knows the bike is stolen, the transaction constitutes a felony of the third degree.
Judicial Award Ceremony
Judge Rosa Ruiz is invited to accept a community service award at a bar association dinner. The event raises funds for legal aid, so she may participate only because the program concerns the administration of justice.
Client Settlement Funds
Attorney Ryan Roberts receives a settlement check made payable to both his client and a medical lienholder. He must promptly notify the lienholder, deliver the funds to which it is entitled, and provide an accounting on request.
Miranda Warning Response
After receiving Miranda warnings, suspect Ricardo Rojas remains silent for several minutes then answers one question about the location of a weapon. His later statement is admissible because the initial silence did not clearly invoke the right to remain silent.
Spousal Maintenance Termination
Rita Russell receives monthly maintenance under a divorce decree. When she remarries, the paying former spouse stops all future payments because the obligation terminates automatically upon remarriage unless the decree provides otherwise.
Spousal Support Petition
Ravi Reddy stops providing any financial support to his spouse Rosa Ruiz after she moves out. She petitions the court for alimony based on her need and his ability to pay, invoking the mutual obligation of spousal support.
Common questions
Frequently Asked
6
What mental state must a defendant possess to be guilty of theft by receiving stolen property?+
The defendant must purposely receive, retain, or dispose of the property while knowing it has been stolen or believing that it has probably been stolen, unless the purpose is to restore the property to the owner.
When may a judge participate in a fundraising event for a nonprofit organization?+
A judge may participate only if the event concerns the law, the legal system, or the administration of justice. Otherwise the judge may not appear, speak, or permit use of the judicial title at a fundraising event.
What duties does a lawyer owe upon receiving funds in which a client or third person holds an interest?
+
The lawyer must promptly notify the interested parties, deliver any funds to which they are entitled, and render a full accounting upon request, keeping disputed funds separate until the dispute is resolved.
Does remaining silent after receiving Miranda warnings invoke the right to remain silent?+
No. Silence alone does not invoke the right. The suspect must clearly and unambiguously assert it, and answering even one question can constitute an implied waiver.
When does the obligation to pay future maintenance end under the Uniform Marriage and Divorce Act?+
The obligation terminates upon the death of either party or the remarriage of the party receiving maintenance unless the decree or a written agreement provides otherwise.
What factors determine the amount of spousal support a court may award?+
The court considers the need of the spouse seeking support and the ability of the other spouse to pay, taking into account the circumstances of both parties.
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