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 PROCEDURE

1. Court Systems and Jurisdiction
Federal Courts
State Courts
Jurisdiction and Venue
Alternative Dispute Resolution
2. Criminal Trial Procedure
Arrest
Preliminary Hearing
Indictment
Arraignment
Reasonable Doubt
Sentencing
Defendants' Rights
Trial Separation
3. Civil Trial Procedure
Beginning a Civil Action
Selecting the Court
Pleadings
Service of Process
Attachments
Burden of Proof
Enforcing the Judgment
Summary Proceedings
4. Defensive Pleadings in Civil Trials
Demurrer
Motions
Counterclaim
Cross Claim
Cross Complaint
5. Methods of Discovery
Bill of Particulars
Interrogatories
Depositions
Production of Documents and Things
E-Discovery
Permission to Enter on Land
Physical and Mental Examination
Requests for Admission
6. Pretrial Hearing and Jury Trial
Pretrial Hearing
Right to Jury Trial
Impaneling the Jury
Examination and Challenge of Jurors
7. Steps in a Trial
Plaintiff's Opening Statement
Plaintiff's Case in Chief
Defendant's Opening Statement
Defendant's Case in Chief
Requests for Instructions to Jury
Closing Arguments
Instructions to Jury
Verdict
Judgment or Decree
Appeal
8. Legal Ethics
Competence and Truthfulness
The Unauthorized Practice of Law and the Duty of Supervision
Confidentiality
Conflicts of Interest
Legal Fees
Advertising and Solicitation
Legal Ethics in a Cyber World
Attorney Discipline
PART II: TERMS USED IN CONSTITUTIONAL AND CRIMINAL LAW

9. Constitutional Law
The Constitution's Structure
The Branches of Government
Checks and Balances
Amendments
10. Crimes, Accomplices, and Defenses
Crimes Mala in Se and Mala Prohibita
Principal Criminal Categories
Accomplices
Criminal Defenses
Constitutional Protections for Defendants
Cybercrimes
11. Crimes Against Property
Larceny
Embezzlement
Larceny by False Pretenses
Bribery, Extortion, and Coercion
RICO
Receipt of Stolen Goods
Forgery
12. Crimes Against the Person and Human Habitation
Robbery
Mayhem
Assault and Battery Distinguished
Rape
Domestic Violence and Stalking
Crimes Against Human Habitation
13. Homicide
Justifiable Homicide
Proximate Cause
Felonious Homicide
14. Crimes Against Morality and Drug Abuse
Adultery and Fornication
Bigamy and Polygamy
Incest and Sodomy
Miscegenation and Abortion Laws
Pornography and Obscenity
Illegal Drug Use
PART III: TERMS USED IN TORTS LAW

15. Torts and Tortfeasors
Elements of a Tort Action
Imputed Liability
Liability of Minors
Immunity from Tort Liability
Joint Tortfeasors
16. Intentional Torts
Assault and Battery
False Imprisonment
Infliction of Emotional Distress
Fraud
Defamation
Invasion of Privacy
Malicious Prosecution
Trespass
Conversion
Nuisance and Waste
17. Negligence and Product Liability
Elements of Negligence
Defenses to Negligence
Product Liability
PART IV: TERMS USED IN LAW OF CONTRACTS

18. Formation of Contracts
Contract Formation
Contract Classifications
E-Contracts
19. Contract Requirements
Contractual Capacity
Consideration
Contracts Required to Be in Writing
Defective Agreements
Agreements Unenforceable Due to Illegality
20. Third Parties and Discharge of Contracts
Third-Party Beneficiaries
Assignment and Delegation
Ending Contractual Obligations
21. The Uniform Commercial Code and Sales of Goods Contracts
Sales of Goods
PART V: TERMS USED IN THE LAW OF PERSONAL PROPERTY AND AGENCY

22. Personal Property vs. Real Property
Bailments
23. Intellectual Property
Patents
Trademarks
Copyrights
Trade Secrets
24. Law of Agency
Relationships Distinguished
Kinds of Agents
Authority of Agents
Vicarious Liability
PART VI: TERMS USED IN THE LAW OF WILLS AND ESTATES

25. Wills, Testaments, and Advance Directives
Parties to a Will
Statutory Requirements for a Will
Advance Directives
26. Revocation, Lapses, and Ademption
Revocation
Failure of Legacies and Devises
27. Principal Clauses in a Will
Exordium Clause
Debts and Funeral Expenses
Dispositive Clauses
Residuary Clause
Personal Representative, Guardian, and Trustee
No Surety on Bond
Powers Given to Fiduciaries
Tax Apportionment Clause
No-Contest Clause
Testimonium Clause
Attestation Clause
Self-proving Affidavit
28. Disinheritance and Intestacy
Spousal Protection
Dower and Curtesy
Pretermitted Children
Homestead Protection
Distinctive Relationships
Intestacy
29. Personal Representative of the Estate
Estate Settlement
Titles of Personal Representatives
30. Settling an Estate
Steps in Estate Settlement
Contesting a Will
31. Trusts
Parties to a Trust
Kinds of Trusts
PART VII: TERMS USED IN LAW OF REAL PROPERTY

32. Estates in Real Property
Freehold Estates
Leasehold Estates
33. Multiple Ownership of Real Property
Co-Ownership of Real Property
Multi-Ownership of Real Property
34. Acquiring Title to Real Property
Original Grant
Deed
Inheritance
Sale on Execution
Mortgagee's Foreclosure Sale
Tax Authority Title
Adverse Possession
Slow Action of Water
35. Deeds
Sealed Instrument
Requirements of a Modern Deed
Describing Real Property
Types of Deeds
36. Mortgages
Historical Background
Prevailing Mortgage Theories
Types of Mortgages
Mortgage Foreclosure
Mortgage Redemption
Transfer of Mortgaged Premises
Junior Mortgages
Mortgage Discharge
37. Landlord and Tenant
Leasehold Estates
License
The Lease
Tenants' Rights
Eviction
Tort Liability
PART VIII: TERMS USED IN FAMILY LAW
38. Marriage, Divorce, and Dissolution of Marriage
Prenuptial Agreements
Marriage Formalities
Same-Sex Marriage and Civil Unions
Annulment of Marriage
Separation of Spouses
Divorce or Dissolution of Marriage
39. Divorce Procedure
Domicile and Residence
Foreign Divorce
Defenses to Divorce Actions
Alimony and Property Distribution
Support and Custody of Children
PART IX: TERMS USED IN BUSINESS ORGANIZATIONS AND BANKRUPTCY

40. Business Organizations
Sole Proprietorship
Partnership
Corporation
Limited Liability Company
Joint Venture
Franchise
41. The Law of Bankruptcy
Goals of the Bankruptcy Code
Types of Bankruptcy Proceedings
Glossary of Legal Terms
Glossary of Latin Terms and Phrases