Description

Book Synopsis

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 Univers

Table of Contents

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

Legal Terminology

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    A Paperback / softback by Kent Kauffman, Gordon Brown

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      Publisher: Pearson Education (US)
      Publication Date: Publication Date: 16/03/2018
      ISBN13: 9780134849225, 978-0134849225
      ISBN10: 0134849221

      Description

      Book Synopsis

      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 Univers

      Table of Contents

      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

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