In order to be liable in negligence, the defendant's conduct must constitute the proximate cause, or direct cause, of the plaintiff's injury. The concept of proximate cause encompasses both legal cause and factual cause, and the "but for" rule pertains to the latter. It is also referred to as the sine qua non rule, which means "without which not," or an in…
"X" as a signature refers to a cross that is printed in lieu of an individual's signature. A signature is required to authenticate wills, deeds, and certain commercial instruments. Typically, individuals sign their full names when executing legal documents. Sometimes, however, individuals use only their initials or other identifying mark. For illiterate, incompetent, or disabl…
The illegality of the conduct or the revelation of the real facts makes the entire situation illegal ab initio (from the beginning), not just from the time the wrongful behavior occurs. A person who enters property under the authority of law but who then by misconduct abuses his or her right to be on the property is considered a trespasser ab initio. If a sheriff enters property under the authorit…
The surrender, relinquishment, disclaimer, or cession of property or of rights. Voluntary relinquishment of all right, title, claim, and possession, with the intention of not reclaiming it. The giving up of a thing absolutely, without reference to any particular person or purpose. For example, vacating property with the intention of not returning, so that it may be appropriated by the next comer o…
An entire overthrow or destruction of a suit so that it is quashed and ended. Today there are statutes that permit the revival of an action that was pending when a party died. An executor or administrator is substituted for the deceased party and the lawsuit continues. A lawsuit may not be revived unless the underlying cause of action, the ground for the suit, continues to have a legal existence a…
Renunciation of the privileges and prerogatives of an office. The act of a sovereign in renouncing and relinquishing his or her government or throne, so that either the throne is left entirely vacant, or is filled by a successor appointed or elected before-hand. Also, where a magistrate or person in office voluntarily renounces or gives it up before the time of service has expired. It differs from…
Ralph Abernathy. BETTMANN/CORBIS buses by black passengers that led to the successful desegregation of local bus lines one year later. To build on this triumph, the pastors called a meeting of black leaders from ten southern states in January 1957 at an Atlanta church. This meeting marked the founding of the SCLC, which was devoted to the goal of furthering civil rights throughout the sout…
The Schempp ruling involved two cases: its namesake and Murray v. Curlett, 228 Md. 239, 179 A. 2d 698 (Md. 1962). The Schempp case concerned a 1949 Pennsylvania law that forced public schools to start each day with a reading of ten Bible verses (24 Pa. Stat. § 15-1516). The law did not specify which version of the Bible should be used—for instance, it could be the Catholic Douay text…
The early abolitionists played an important role in outlawing slavery in Northern states by the early nineteenth century. Vermont outlawed slavery in 1777, and Massachusetts declared it inconsistent with its new state constitution, ratified in 1780. Over the next three decades, other Northern states, including Pennsylvania, New York, and New Jersey, passed gradual emancipation laws that freed all …
The case began on August 23, 1918, when Jacob Abrams, a Russian immigrant and a professed anarchist, was arrested in New York City with four others. Abrams and his comrades admitted to writing, printing, and distributing two sets of leaflets, one in English and one in Yiddish, assailing President Woodrow Wilson as a "coward" and a "hypocrite" for sending troops to fight…
One who absconds from creditors to avoid payment of debts. A debtor who has intentionally concealed himself or herself from creditors, or withdrawn from the reach of their suits, with intent to frustrate their just demands. Such act was formerly an act of bankruptcy. A person who moves out of the state may be an absconding debtor if it is that person's intention to avoid paying money that h…
Participation in an election by qualified voters who are permitted to mail in their ballots. The Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.A. § 1973 ff et seq.) covers absentee voting in presidential elections, but the states regulate absentee voting in all other elections. According to Article I, Section 4, of the U.S. Constitution, "The Times, Places and Manner …
The concept under which a federal court exercises its discretion and equitable powers and declines to decide a legal action over which it has jurisdiction pursuant to the Constitution and statutes where the state judiciary is capable of rendering a definitive ruling in the matter. The abstention doctrine was adopted by the Supreme Court to allow the federal judiciary to refrain from ruling on cons…
A condensed history, taken from public records or documents, of the ownership of a piece of land. An abstract of title, or title abstract, briefly summarizes the various activities affecting ownership of a parcel of land. When a person or business agrees to purchase real estate, that person or business arranges for an examination of the history of the property's title. This examination is k…
Where a trial court must exercise discretion in deciding a question, it must do so in a way that is not clearly against logic and the evidence. An improvident exercise of discretion is an error of law and grounds for reversing a decision on appeal. It does not, however, necessarily amount to bad faith, intentional wrong, or misconduct by the trial judge. For example, the traditional standard of ap…
Using prior sexual or other physical abuse as evidence in a criminal defense is largely a result of research regarding mental disorders caused by such abuse. Psychologists and other researchers have identified disorders, including post-traumatic stress disorder and battered woman syndrome, as causes for severe emotional instability that can lead to violent acts by the victim against his or her abu…
The use of legal process to accomplish an unlawful purpose; causing a summons, writ, warrant, mandate, or any other process to issue from a court in order to accomplish some purpose not intended by the law. For example, a grocer rents a small building but complains to the landlord about the inadequate heating system, leaks in the roof, and potholes in the driveway. When the landlord fails to make …
Bella Abzug. AP/WIDE WORLD PHOTOS With her raspy voice, New York accent, and trademark floppy hat, Abzug was one of the most recognizable public figures in recent U.S. history. Bella Savitsky was born on July 24, 1920, in New York City and was raised in the Bronx. The daughter of Russian immigrant Jews, her father was a butcher who operated the "Live and Let Live" meat market…
The right to teach as one sees fit, but not necessarily the right to teach evil. The term encompasses much more than teaching-related speech rights of teachers. Educational institutions are communities unto themselves with rules of their own, and when conflicts arise, the most common and compelling arguments involve freedom. As a result, the academic community is famous for blazing new trails of f…
The Academy of Criminal Justice Sciences (ACJS) was founded in 1963 to foster professionalism in the criminal justice system by advancing the quality of education and research programs in the field. The academy seeks to enrich education and research programs in institutions of higher learning, criminal justice agencies, and agencies in related fields by improving cooperation and communication, by …
An express act or implication by conduct that manifests assent to the terms of an offer in a manner invited or required by the offer so that a binding contract is formed. The exercise of power conferred by an offer by performance of some act. The act of a person to whom something is offered or tendered by another, whereby the offeree demonstrates through an act invited by the offer an intention of…
In real property law, the term access denotes the right vested in the owner of the land that adjoins a road or other highway to go and return from his own land to the highway without obstruction. Access to property does not necessarily carry with it possession. Prisoners are entitled to have access to court. Prison officials cannot prevent prisoners from filing papers or appearing in court even if…
Coming into possession of a right or office; increase; augmentation; addition. The right to all that one's own property produces, whether that property be movable or immovable; and the right to that which is united to it by accession, either naturally or artificially. The right to own things that become a part of something already owned. The commencement or inauguration of a sovereign…
Aiding or contributing in a secondary way or assisting in or contributing to as a subordinate. One who aids, abets, commands, or counsels another in the commission of a crime. In common law, an accessory could not be found guilty unless the actual perpetrator was convicted. In most U.S. jurisdictions today, however, an accessory can be convicted even if the principal actor is not arrested or is ac…
The word accident is derived from the Latin verb accidere, signifying "fall upon, befall, happen, chance." In its most commonly accepted meaning, or in its ordinary or popular sense, the word may be defined as meaning: some sudden and unexpected event taking place without expectation, upon the instant, rather than something that continues, progresses or develops; something happening …
A death caused by a lawful act done under the reasonable belief that no harm was likely to result. Although most states have abolished the common law of crimes, some of the concepts underlying the common law distinctions between manslaughter and accidental killings continue to appear in statutory classifications of manslaughter. …
A person wanting to obtain a car loan, for example, may offer a finance company a promissory note for the amount of the requested loan, promising to repay the amount over a number of years. If the company does not consider the person a good credit risk (one who will be able to repay the loan), it will request that someone else sign the note to ensure that the company will be repaid. Such a person …
An accomplice may assist or encourage the principal offender with the intent to have the crime committed, the same as the chief actor. An accomplice may or may not be present when the crime is actually committed. However, without sharing the criminal intent, one who is merely present when a crime occurs and stands by silently is not an accomplice, no matter how reprehensible his or her inaction. A…
An accord and satisfaction can be made only by persons who have the legal capacity to enter into a contract. A settlement is not binding on an insane person, for example; and an infant may have the right to disaffirm the contract. Therefore, a person, such as a guardian, acting on behalf of a person incapable of contracting for himself or herself may make an accord and satisfaction for the person …
An action on account is different from a modern-day accounting, which is a settling of accounts or a determination of transactions affecting two parties, often when one party asks a court to order the other party to account. …
A person who has the requisite skill and experience in establishing and maintaining accurate financial records for an individual or a business. The duties of an accountant may include designing and controlling systems of records, auditing books, and preparing financial statements. An accountant may give tax advice and prepare tax returns. A public accountant renders accounting or auditing services…
A system of recording or settling accounts in financial transactions; the methods of determining income and expenses for tax and other financial purposes. Also, one of the remedies available for enforcing a right or redressing a wrong asserted in a lawsuit. The cost method of accounting records the value of assets at their actual cost, and the fair value method uses the present market value for th…
Taxpayers who use the accrual method must include in their taxable income any money that they have the right to receive as payment for services, once it has been earned. Any expenses that they may take as deductions when computing taxable income must be due at the time the deduction is taken. For example, suppose a surgeon performed a tonsillectomy in October 2003, and on December 31, 2003, he rec…
To increase; to augment; to come to by way of increase; to be added as an increase, profit, or damage. Acquired; falling due; made or executed; matured; occurred; received; vested; was created; was incurred. To attach itself to, as a subordinate or accessory claim or demand arises out of, and is joined to, its principal. The term is also used of independent or original demands, meaning to arise, t…
A formal criminal charge against a person alleged to have committed an offense punishable by law, which is presented before a court or a magistrate having jurisdiction to inquire into the alleged crime. …
To acknowledge is to admit, affirm, declare, testify, avow, confess, or own as genuine. Admission or affirmation of obligation or responsibility. Most states have adopted the Uniform Acknowledgment Act. The requirement for acknowledgments on certain documents—such as deeds transferring the ownership of real property, wills giving the ownership of property to a decedent's heirs after …
Conduct recognizing the existence of a transaction and intended to permit the transaction to be carried into effect; a tacit agreement; consent inferred from silence. …
A disease caused by the human immunodeficiency virus (HIV) that produces disorders and infections that can lead to death. Acquired immune deficiency syndrome (AIDS), a fatal disease that attacks the body's immune system making it unable to resist infection, is caused by the human immunodeficiency virus (HIV), which is communicable in some bodily fluids and transmitted primarily through sexu…
Case differs from trespass in that it redresses more indirect injuries than the willful invasion of the plaintiff's property contemplated by trespass. It was designed to supplement the action of trespass. For example, a person struck by a log thrown over a fence could maintain an action in trespass against the thrower. If, instead, the wrongdoer tossed the log into the street and the plaint…
The profession also includes statisticians who provide expert data analysis on risk assessment and risk management for the financial services sector. Actuaries are most often employed within the insurance industry, but also prepare and assess data for commercial and investment banks, retirement and pension fund administrators, or are self-employed as consultants. Specific data prepared by actuarie…
[Latin, To the loss.] The clause in a complaint that sets a maximum amount of money that the plaintiff can recover under a default judgment if the defendant fails to appear in court. In some states, the ad damnum sets an absolute limit on the amount of damages recoverable in the case, regardless of how much loss the plaintiff is able to prove at trial. The reason for this rule is that a defendant …
John Adams achieved prominence on many levels—as jurist, statesman, and as the second president of the United States. Known for his sharp diplomatic skills, his flair for words, and his spirited activism, he was an instrumental figure in forging the fledgling nation that would become the United States of America. John Adams. LIBRARY OF CONGRESS independent nation. In 1785, Adams bec…
Adams was born on July 11, 1767, in Brain-tree, Massachusetts (now Quincy, Massachusetts). As the son of one of the nation's founders, he had many opportunities not available to other young men. Before reaching the age when young people today graduate from high school, Adams had established himself as a diplomat. He accompanied his father on diplomatic missions to Europe in 1778 and 1780, w…
The act or process of modifying an object to render it suitable for a particular or new purpose or situation. In the law of patents—grants by the government to inventors for the exclusive right to manufacture, use, or market inventions for a term of years—adaptation denotes a category of patentable inventions, which entails the application of an existing product or process to a new u…
Addams was the youngest of eight children born to John H. and Sarah Addams. Her mother died when she was two years old, and her teenage sisters, Mary, Martha, and Alice, took over her upbringing. Her family followed the Quaker faith, and valued hard work and change through peaceful efforts. Addams idolized her father, whom she described as a man of great integrity. He remained a pivotal figure in …