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A Fortiori, 543 a Posteriori, 543 a Prendre, 543 a Priori, 543 A-B Trust

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A Fortiori, 543 a Posteriori, 543 a Prendre, 543 a Priori, 543 A-B Trust 6587Z02_INDEX.qxd_cc 8/28/07 4:05 PM Page 525 Index a fortiori, 543 Adjudication, 73 Alimony, 436 a posteriori, 543 Administrator, 271, 293 Alimony pendente lite, 436 a prendre, 543 Administrator ad litem, 294 Allegation, 26 a priori, 543 Administrator c.t.a., 293 Allege, 26 A-B trust, 314 Administrator d.b.n., 293 Allonge, 449 ab initio, 543 Administrator d.b.n.c.t.a., 293 Alluvion, 350 Abortion, 133 Administrator pendente lite, 294 Alternate jurors, 61 Absolute defenses, 448 Administrator w.w.a., 293 Alternative dispute resolution, 7 Absolute liability, 168 Adminstratrator cum testamento annexo, amicus curiae, 543 Abstract, 383 293 Ancillary administrator, 294 Abstract of title, 383 Adminstratrator de bonis non, 293 Animus furandi, 96 Abutters, 392 Adminstratrator de bonis non cum animus testandi, 543 Acceleration clause, 371 testamento annexo, 293 anno Domini (A.D.), 543 Acceptance, 181, 447 Administrator with the will annexed, Annulment, 422–423 Acceptor, 447 293 Answer, 39 Accessory after the fact, 86–87 Adminstratrix, 271, 293 ante, 543 Accessory before the fact, 85–86 Admiralty, 3 Antenuptial contract, 421 Accomplice, 84–87 Admissible evidence, 70 Anticipatory breach, 204 Accord and satisfaction, 203 Adoption, 283 Antilapse statutes, 262 Accretion, 350 Adoptive parents, 283 Apparent authority, 239 Acknowledgment, 358 Adultery, 130 Appeal, 5 Acquisition of real property, 346–355 Advance directives, 253–254 Appeal bond, 74 adverse possession, 349 Advancement, 262 Appearance, 435 deeds, 347, 356–367. See also Deeds Adverse possession, 248–349 Appellant, 73 foreclosure sale, 347 Affiant, 28 Appellate courts, 5 inheritance, 347 Affidavit, 28 Appellate jurisdiction, 5 original grant, 347 Affiliation proceeding, 283 Appellee, 73 sale on execution, 347 Affinity, 132 Appurtenant, 402 slow action of water, 350 Affirm, 74, 194 Apt words, 325 tax title, 348 Affirmative defenses, 39–40 Arbitration, 7 Acquittal, 159 Age of consent, 422 Arbitrator, 7 actio criminalis, 543 Agency, 237–276 arguendo, 543 actio damni injuria, 543 authority of agents, 238–239 Arraignment, 146 actio ex delicto, 543 employee-employer, 238 Array, 60 Action, 15 employee-independent contractor, 238 Arrest, 15 Actionable, 157 kinds of agents, 238 Arrest warrant, 15 Actual notice, 380 principal-agent, 238 Arson, 112–113 Actus reus, 83 vicarious liability, 239 Articles of organization, 461 Ad damnum, 26 Agency by estoppel, 239 Asportation, 95 ad hoc, 543 Agency by ratification, 239 Assault, 108–109, 155 ad infinitum, 543 Agent, 146, 238, 254 Assault and battery, 155 ad litem, 543 Aggravated assault, 109 Assets, 471 ad respondendum, 543 Aiding and abetting, 85 Assignee, 202 additur, 543 Air rights, 391 Assignment, 202 Adeemed, 262 Airspace, 391–392 Assignor, 202 Ademption, 262–263 Alderpeople, 60 assumpsit, 543 Adhesion contracts, 194 Alibi, 87 Assumption of the risk, 170 Adjudicating, 73 Alienation of affections, 425 Attachment, 28, 347, 6587Z02_INDEX.qxd_cc 8/28/07 4:05 PM Page 526 526 INDEX Attempted arson, 112 Blue-sky laws, 462 Circuit, 4 Attempted larceny, 95 Boilerplate, 194 Circuit court, 4, 25 Attest, 251 bona fide, 543 Circumstantial evidence, 71, 99 Attestation clause, 273 Bond, 272, 302 Civil action Attesting witness, 252 Bounds, 359 counterclaim, 40 Attorney in fact, 238 Breach of contract, 204 cross claim, 40 Attractive nuisance doctrine, 168 Breach of promise to marry, 425 cross complaint, 41 Auction sale, 217 Breaking, 111 defensive pleadings, 36–47 Auction with reserve, 217 Bribery, 98 demurrer, 37 Auction without reserve, 217 Bulk transfer, 216 discovery, 48–57 Automatic stay, 471 Burden of proof, 29, 304 jurisdiction, 5–7 Automatic suspension, 471 Burglary, 111–112 motions, 37–40 Aver, 26 Business invitee, 167 pretrial hearing, 58–59 Averment, 26 Business organizations, 457–479 selecting the court, 26 Avoid, 182, 193 corporation, 461–462 service of process, 27–28 franchise, 462 summary proceedings, 30 Bail, 16 joint venture, 462 trial, 70–74. See also Steps in a trial Bailee, 96, 218 limited liability company (LLC), 462 Claim, 473 Bailment, 217 partnership, 459–460 Class action, 25 Bailment for the sole benefit sole proprietorship, 459 Clear title, 380 of the bailee, 218 Bylaw, 402 Close corporation, 461 Bailment for the sole benefit Bypass trust, 314 Closing argument, 72 of the bailor, 218 Co-makers, 448 Bailor, 218 C corporation, 461 Co-ownership of real property, 336–339 Balloon mortgage, 370 Capacity, 182 Co-partnership, 459 Bankrupt, 471 Capital crime, 121 Co-respondent, 424 Bankruptcy, 203, 471 Capital criminal case, 62 Co-tenants, 336 Bankruptcy Code, 471–475 Carnal knowledge, 109 Co-venture, 462 Chapter 7, 471–474 Case in chief Code, 3 Chapter 11, 474 defendant, 71 Codicil, 261 Chapter 12, 474 plaintiff, 70 Coercion, 98 Chapter 13, 474–475 Castle doctrine, 120 Cohabit, 422 defined, 471 Causation, 169 Collateral relatives, 284 exemptions, 471 Cause of action, 26 Collusion, 436 proceedings, 471–472 caveat, 543 Comity, 435 trustee in bankruptcy, 471 caveat emptor, 543 Commerce clause, 181 Banns of matrimony, 422 caveat venditor, 543 Common areas, 339 Bare licensee, 167 cert. den., 4 Common law, 83 Bargain, 181 Certificate of deposit, 448 Common law marriage, 421 Bargain and sale deed, 361 Certificate of incorporation, 461 Common law theory, 369 Base lines, 359 Certified check, 447 Common stock, 461 Bastard, 283 Cestui que trust, 311 Community property, 337 Battery, 108–109, 155 Chain of title, 382–383 Community property jurisdictions, 337 Bearer, 449 Challenge, 62 Commutation of sentence, 17 Bearer paper, 449 Challenge for cause, 62 Comparative negligence, 169 Bench trial, 51 Challenge to the array, 62 Compensatory damages, 204 Beneficial title, 311 Change of venue, 7 Complaint, 26 Beneficiary, 249, 311 Chapter 7 bankruptcy, 472–474 compos mentis, 543 Bequeath, 249 Chapter 11 bankruptcy, 474 Compulsory arbitration, 8 Bequest, 249 Chapter 12 bankruptcy, 474 Computer fraud, 98 Beyond a reasonable doubt, 16 Chapter 13 bankruptcy, 474–475 Conciliation, 7 Bidder, 217 Charitable immunity, 146–147 Conciliator, 7 Bifurcated trial, 18 Charitable remainder annuity trust, 313 Concurrent jurisdiction, 5 Bigamy, 131 Charitable remainder trust, 312 Concurrent ownership, 336 Bilateral contract, 182 Charitable remainder unitrust, 313 Concurrent sentence, 17 Bilateral foreign divorce, 435 Charitable trust, 312 Condemnation, 381 Bilateral mistake, 193 Charter, 461 Condition precedent, 181 Bill of exchange, 448 Chattel, 96, 215 Condition subsequent, 327 Bill of lading, 447 Check, 447 Condominium, 339 Bill of particulars, 49 Check 21 act, 449 Condominium association, 339 Bill of sale, 216 Child custody, 437 Condonation, 435 Binding arbitration, 7 Child support, 437 Confession and avoidance, 39 Blank indorsement, 449 Choses in action, 215 Confidentiality agreement, 230 6587Z02_INDEX.qxd_cc 8/28/07 4:05 PM Page 527 INDEX 527 Conforming goods, 215 Conversion, 159 domestic violence, 111 Conjugal, 421 Convey, 347 drug abuse, 134 Connivance, 436 Conveyance, 347 embezzlement, 97 Consanguinity, 132 Conveyance in trust, 311–312 extortion, 98 Consecutive sentence, 17 Conveyancing, 357 felonies/misdemeanors, 84 Consent decree, 73 Convicted, 109 forgery, 99 Consequential damages, 205 Cooperative apartment, 339 fornication, 130–131 Conservator, 272 Coparceners, 283 homicide, 119–129 Consideration, 191–192 Copulate/copulation, 132, 426 incest, 132–133 Consignee, 238 Copyright, 228 larceny, 95–97 Consignment, 238 Copyright infringement, 228 mala prohibita, 83 Consignor, 238 coram, 543 manslaughter, 122–123 Consortium, 425, 543 Corporation, 461–462 mayhem, 108 Conspiracy, 84 Corpus, 311 miscegenation, 133 Constitution Wise boxes Corpus delicti, 121 murder, 121, 122 commerce clause, 181 corpus juris, 543 polygamy, 131 due process clause, 230 Counterclaim, 40 pornography, 133–134 equal protection clause, 230 Counteroffer, 181 rape, 109–110 First Amendment rights, 39 Court, 3 receipt of stolen goods, 98–99 full, faith, and credit clause, 181 Court of equity, 73, 369 RICO, 98 privileges and immunities clause, 230 Court of Ordinary, 293 robbery, 107–108 protection for criminal defendants, 87 Court of appeals, 4 sodomy, 132–133 supremacy clause, 181 Courts of common pleas, 4 stalking, 111 Constructive eviction, 411 Covenant marriage, 422 suicide, 121–122 Constructive notice, 380 Covenants, 357 treason, 84 Constructive possession, 96 Coverture, 282 Cross claim, 40 Constructive service, 27 Credit-shelter trust, 314 Cross complaint, 41 Constructive trust, 314 Creditors, 336, 471 Cross-examination, 71 Constructively present, 85 Crime, 15 Cross questions, 51 contra, 543 Crime of moral turpitude, 426 Cruel and unusual punishment Contract classifications, 181–184 Crimes against habituation, 111–113 forbidden, 35 Contract implied in fact, 182 Crimes against morality, 130–142 Cruelty, 425–426 Contract implied in law, 182 Crimes against the person, 107–111 Crummey powers, 314 Contract requirements, 190–200 Criminal trial procedure Cruzan v. Director, Missouri Contract to sell, 216 arrest, 15 Department of Health, 253 Contracts, 179–212 arraignment, 16 Culpable negligence, 167 assignment/delegation, 202 indictment, 16 cum testamento annexo, 543 bilateral, 182 jury trial, 197–200 Cumulative sentence, 17 breach of contract, 204–205 Miranda warnings, 15 Cure, 216 consideration, 191–192 plea/plea bargaining, 16 Curtesy, 282 defective agreements, 193–194 preliminary hearing, 16 Curtilage, 112 defined, 181 sentencing, 16–17 Custody, 15 ending contractual obligations, trial. See Steps in a trial
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