Legal Terminology

About our authors Kent D. Kauffman is Associate Professor of Business Law at Purdue University Fort Wayne (formerly called Indiana University Purdue University-Fort Wayne), in Fort Wayne, Indiana. He is licensed to practice law in Indiana and is certified as a mediator in Indiana. He is a summa cum laude graduate of Temple University and a graduate of The Dickinson School of Law of the Pennsylvania State University. For 15 years, Professor Kauffman was the Chair of the Paralegal Studies Department at Ivy Tech Community College in Fort Wayne, Indiana.Professor Kauffman is the author of various academic journal articles and other books, including Legal Ethics, in its 3rd edition and published by Delmar Cengage Learning. He is a multiple recipient of Who’s Who in American Education® and Who’s Who in American Law®.Professor Kauffman is the recipient of various teaching awards, including being inducted into the Indiana University Faculty Academy on Excellence in Teaching (FACET), as well as being awarded on multiple occasions as Professor of the Year by Delta Sigma Pi, his university’s co-educational business fraternity.Gordon W. Brown is a Professor Emeritus of North Shore Community College, Danvers, Massachusetts, where he taught for 30 years. He also taught for two years at Pepperell High School, Pepperell, Massachusetts, and for six years at Endicott College in Beverly, Massachusetts.In addition to writing the first five editions of this book, Professor Brown is the author of the first three editions of Administration of Wills, Trusts, and Estates published by Delmar Cengage Learning. Over a 30-year period, he co-authored eight editions of Understanding Business & Personal Law and seven editions of Business Law with UCC Applications, published by McGraw-Hill.In 1998, Professor Brown was awarded the Outstanding Educator Award from his alma mater, Salem State University. He received his law degree from Suffolk University and practiced law part time while teaching full time. He is a retired member of the Massachusetts and federal Bars.

• PART I: TERMS USED IN PRACTICE AND PROCEDURE1. Court Systems and JurisdictionFederal CourtsState CourtsJurisdiction and VenueAlternative Dispute Resolution2. Criminal Trial ProcedureArrestPreliminary HearingIndictmentArraignmentReasonable DoubtSentencingDefendants' RightsTrial Separation3. Civil Trial ProcedureBeginning a Civil ActionSelecting the CourtPleadingsService of ProcessAttachmentsBurden of ProofEnforcing the JudgmentSummary Proceedings4. Defensive Pleadings in Civil TrialsDemurrerMotionsCounterclaimCross ClaimCross Complaint5. Methods of DiscoveryBill of ParticularsInterrogatoriesDepositionsProduction of Documents and ThingsE-DiscoveryPermission to Enter on LandPhysical and Mental ExaminationRequests for Admission6. Pretrial Hearing and Jury TrialPretrial HearingRight to Jury TrialImpaneling the JuryExamination and Challenge of Jurors7. Steps in a TrialPlaintiff's Opening StatementPlaintiff's Case in ChiefDefendant's Opening StatementDefendant's Case in ChiefRequests for Instructions to JuryClosing ArgumentsInstructions to JuryVerdictJudgment or DecreeAppeal8. Legal EthicsCompetence and TruthfulnessThe Unauthorized Practice of Law and the Duty of SupervisionConfidentialityConflicts of InterestLegal FeesAdvertising and SolicitationLegal Ethics in a Cyber WorldAttorney DisciplinePART II: TERMS USED IN CONSTITUTIONAL AND CRIMINAL LAW9. Constitutional LawThe Constitution's StructureThe Branches of GovernmentChecks and BalancesAmendments10. Crimes, Accomplices, and DefensesCrimes Mala in Se and Mala ProhibitaPrincipal Criminal CategoriesAccomplicesCriminal DefensesConstitutional Protections for DefendantsCybercrimes11. Crimes Against PropertyLarcenyEmbezzlementLarceny by False PretensesBribery, Extortion, and CoercionRICOReceipt of Stolen GoodsForgery12. Crimes Against the Person and Human HabitationRobberyMayhemAssault and Battery DistinguishedRapeDomestic Violence and StalkingCrimes Against Human Habitation13. HomicideJustifiable HomicideProximate CauseFelonious Homicide14. Crimes Against Morality and Drug AbuseAdultery and FornicationBigamy and PolygamyIncest and SodomyMiscegenation and Abortion LawsPornography and ObscenityIllegal Drug UsePART III: TERMS USED IN TORTS LAW15. Torts and TortfeasorsElements of a Tort ActionImputed LiabilityLiability of MinorsImmunity from Tort LiabilityJoint Tortfeasors16. Intentional TortsAssault and BatteryFalse ImprisonmentInfliction of Emotional DistressFraudDefamationInvasion of PrivacyMalicious ProsecutionTrespassConversionNuisance and Waste17. Negligence and Product LiabilityElements of NegligenceDefenses to NegligenceProduct LiabilityPART IV: TERMS USED IN LAW OF CONTRACTS18. Formation of ContractsContract FormationContract ClassificationsE-Contracts19. Contract RequirementsContractual CapacityConsiderationContracts Required to Be in WritingDefective AgreementsAgreements Unenforceable Due to Illegality20. Third Parties and Discharge of ContractsThird-Party BeneficiariesAssignment and DelegationEnding Contractual Obligations21. The Uniform Commercial Code and Sales of Goods ContractsSales of GoodsPART V: TERMS USED IN THE LAW OF PERSONAL PROPERTY AND AGENCY22. Personal Property vs. Real PropertyBailments23. Intellectual PropertyPatentsTrademarksCopyrightsTrade Secrets24. Law of AgencyRelationships DistinguishedKinds of AgentsAuthority of AgentsVicarious LiabilityPART VI: TERMS USED IN THE LAW OF WILLS AND ESTATES25. Wills, Testaments, and Advance DirectivesParties to a WillStatutory Requirements for a WillAdvance Directives26. Revocation, Lapses, and AdemptionRevocationFailure of Legacies and Devises27. Principal Clauses in a WillExordium ClauseDebts and Funeral ExpensesDispositive ClausesResiduary ClausePersonal Representative, Guardian, and TrusteeNo Surety on BondPowers Given to FiduciariesTax Apportionment ClauseNo-Contest ClauseTestimonium ClauseAttestation ClauseSelf-proving Affidavit28. Disinheritance and IntestacySpousal ProtectionDower and CurtesyPretermitted ChildrenHomestead ProtectionDistinctive RelationshipsIntestacy29. Personal Representative of the EstateEstate SettlementTitles of Personal Representatives30. Settling an EstateSteps in Estate SettlementContesting a Will31. TrustsParties to a TrustKinds of TrustsPART VII: TERMS USED IN LAW OF REAL PROPERTY32. Estates in Real PropertyFreehold EstatesLeasehold Estates33. Multiple Ownership of Real PropertyCo-Ownership of Real PropertyMulti-Ownership of Real Property34. Acquiring Title to Real PropertyOriginal GrantDeedInheritanceSale on ExecutionMortgagee's Foreclosure SaleTax Authority TitleAdverse PossessionSlow Action of Water35. DeedsSealed InstrumentRequirements of a Modern DeedDescribing Real PropertyTypes of Deeds36. MortgagesHistorical BackgroundPrevailing Mortgage TheoriesTypes of MortgagesMortgage ForeclosureMortgage RedemptionTransfer of Mortgaged PremisesJunior MortgagesMortgage Discharge37. Landlord and TenantLeasehold EstatesLicenseThe LeaseTenants' RightsEvictionTort LiabilityPART VIII: TERMS USED IN FAMILY LAW38. Marriage, Divorce, and Dissolution of MarriagePrenuptial AgreementsMarriage FormalitiesSame-Sex Marriage and Civil UnionsAnnulment of MarriageSeparation of SpousesDivorce or Dissolution of Marriage39. Divorce ProcedureDomicile and ResidenceForeign DivorceDefenses to Divorce ActionsAlimony and Property DistributionSupport and Custody of ChildrenPART IX: TERMS USED IN BUSINESS ORGANIZATIONS AND BANKRUPTCY40. Business OrganizationsSole ProprietorshipPartnershipCorporationLimited Liability CompanyJoint VentureFranchise41. The Law of BankruptcyGoals of the Bankruptcy CodeTypes of Bankruptcy ProceedingsGlossary of Legal TermsGlossary of Latin Terms and Phrases