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LSDefine
Simple English definitions for legal terms
divestitive fact
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A quick definition of divestitive fact:
A divestitive fact is a fact that takes away legal rights that someone had before. It's like losing something you already had. This type of fact is important in legal cases, as seen in Bailey v. Iowa Beef Processors Inc.
A more thorough explanation:
A divestitive fact is a type of operative fact that results in the loss of legal rights that were previously held. This means that something happens that takes away a right that someone had before.
- When a person is convicted of a crime, they may lose their right to vote or own a gun. This is a divestitive fact because they are losing a legal right they previously had.
- In Bailey v. Iowa Beef Processors Inc., the plaintiff lost their job due to a merger between two companies. This was a divestitive fact because they lost their legal right to employment with the company.
These examples illustrate how a divestitive fact can result in the loss of legal rights. In both cases, the individuals had a right that was taken away due to a specific event or circumstance.