Legal Terminology, 7th Canadian Edition, By Kent Kauffman, Gordon W. Brown (Test Bank)

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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 [Show More]

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