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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    View other formats and editions of Legal Terminology by Kent Kauffman

    Publisher: Pearson Education (US)
    Publication Date: 16/03/2018
    ISBN13: 9780134849225, 978-0134849225
    ISBN10: 0134849221
    Also in:
    Law Jurisprudence and general issues

    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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