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10 Cards in this Set
- Front
- Back
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Action |
in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. |
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Aggrieved party |
means a party entitled to pursue a remedy An individual who is entitled to commence a lawsuit against another because his or her legal rights have been violated. A person whose financial interest is directly affected by a decree, judgment, or statute is also considered an aggrieved party entitled to bring an action challenging the legality of the decree, judgment, or statute. |
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Agreement |
as distinguished from "contract", means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. |
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Bank |
means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company. |
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Bearer |
means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. |
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Bill of lading |
means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. |
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Branch |
includes a separately incorporated foreign branch of a bank. |
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Burden of Establishing |
a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. |
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Buyer In Ordinary Course of Business |
means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. "Buyer in ordinary course of business" does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt. |
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Conspicuous |
with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. |
