Free Legal Encyclopedia: Approximation of laws to Autopsy
Arbitrage - Further Readings
The simultaneous purchase in one market and sale in another of a security or commodity in hope of making a profit on price differences in the different markets. Arbitrage can be divided into the categories of riskless and risk. As an example of riskless arbitrage, imagine that the price of Microsoft Corporation common stock on the Pacific Coast Stock Exchange is less than the price of the same sto…
Arbitrary
Irrational; capricious. The term arbitrary describes a course of action or a decision that is not based on reason or judgment but on personal will or discretion without regard to rules or standards. An arbitrary decision is one made without regard for the facts and circumstances presented, and it connotes a disregard of the evidence. In many instances, the term implies an element of bad faith, and…
Arbitration - Further Readings
The submission of a dispute to an unbiased third person designated by the parties to the controversy, who agree in advance to comply with the award—a decision to be issued after a hearing at which both parties have an opportunity to be heard. Arbitration can be voluntary or required. The traditional model is voluntary, and closely linked to contract law: parties often stipulate in contracts…
Architect of the Capitol
The functions of the architect have become increasingly administrative, and the architectural or engineering dimensions less important. Special projects carried out by the architect include building renovation and restoration, including installation of broadcasting and security equipment in the Capitol. Before 1989, the position of architect of the capitol was filled for an indefinite term by pres…
Aristotle
Aristotle formulated numerous beliefs about the reasoning power of humans and the essence of being. He stressed the importance of nature and instructed his pupils to closely study natural phenomena. When teaching science, he believed that all ideas must be supported by explanations based upon facts. Concerning the realm of politics, Aristotle propounded that humans are inherently political and dem…
Armed Services - Military Ban On Homosexuality, The Branches Of The Armed Services, Sexual Harassment In The Armed Services
The Constitution authorizes Congress to raise, support, and regulate armed services for the national defense. The President of the United States is commander in chief of all the branches of the services and has ultimate control over most military matters. The United States has always been wary of maintaining a strong military force. This concern was shown by the Framers of the Constitution when th…
Armistice
A suspending or cessation of hostilities between belligerent nations or forces for a considerable time. An armistice differs from a mere "suspension of arms" in that the latter is concluded for very brief periods and for local military purposes only, whereas an armistice not only covers a longer period, but is agreed upon for political purposes. It is said to be general if it relates…
Arraignment
A criminal proceeding at which the defendant is officially called before a court of competent jurisdiction, informed of the offense charged in the complaint, information, indictment, or other charging document, and asked to enter a plea of guilty, not guilty, or as otherwise permitted by law. Depending on the jurisdiction, arraignment may also be the proceeding at which the court determines whethe…
Arrest - Cross-references
An anti-war protester is arrested on charges of disorderly conduct and obstruction of government administration by a New York City police officer in October 2002. The procedures by which a person is arrested must comply with the protections guaranteed by the Fourth Amendment. AP/WIDE WORLD PHOTOS A seizure or forcible restraint; an exercise of the power to deprive a person of his or her li…
Art Law - Further Readings
Even after the National Commission of Fine Arts was established, the federal government continued to play a minor role in funding the arts, but several municipal programs attempted to fill the void. In New York City, the Civil Works Administration (CWA) sponsored paintings, murals, and art education. The primary goal of the CWA was to create employment for artists receiving government relief. With…
Chester Alan Arthur
Chester Alan Arthur was born October 5, 1830, in Fairfield, Vermont. He achieved prominence as a politician and as president of the United States. An 1848 graduate of Union College, Arthur was admitted to the New York City bar in 1851, and he established a legal practice in New York City that same year. With the onset of the Civil War, Arthur served as quartermaster general and inspector general o…
Articles of Confederation
The document that set forth the terms under which the original thirteen states agreed to participate in a centralized form of government, in addition to their self-rule, and that was in effect from March 1, 1781, to March 4, 1789, prior to the adoption of the Constitution. …
Articles of Impeachment - Articles Of Impeachment And The U.s. Presidency
Formal written allegations of the causes that warrant the criminal trial of a public official before a quasi-political court. The use of articles of impeachment against state officials is governed by state constitutions and statutes. Articles of impeachment are analogous to an indictment that initiates criminal prosecutions of private persons. …
Artificial Insemination - Further Readings
The process by which a woman is medically impregnated using semen from her husband or from a third-party donor. Artificial insemination is employed in cases of infertility or impotence, or as a means by which an unmarried woman may become pregnant. The procedure, which has been used since the 1940s, involves injecting collected semen into the woman's uterus and is performed under a physicia…
John David Ashcroft - Further Readings
John David Ashcroft was born on May 9, 1942, in Chicago, Illinois. His family moved to rural Springfield, Missouri, when he was just a young boy. Springfield is the home of the Pentecostal Assembly of God Church, and since Ashcroft's father and grandfather were Pentecostal ministers, it seemed only natural that the family would make Springfield their home. While the church forbids smoking, …
Assassination - Political Assassination By U.s Government Employees, Further Readings
Murder committed by a perpetrator without the personal provocation of the victim, who is usually a government official. First used in medieval times to describe the murders of prominent Christians by the Hashshashin, a secret Islamic sect, the word assassination is used in the twenty-first century to describe murders committed for political reasons, especially against government officials. Assassi…
Assault - Elements, Punishment - Aggravated Assault
Statutory definitions of assault in the various jurisdictions throughout the United States are not substantially different from the common-law definition. An aggravated assault, punishable in all states as a felony, is committed when a defendant intends to do more than merely frighten the victim. Common types of aggravated assaults are those accompanied by an intent to kill, rob, or rape. An assau…
Assault and Battery - Intent, Defenses, Punishment
The main distinction between the two offenses is the existence or nonexistence of a touching or contact. While contact is an essential element of battery, there must be an absence of contact for assault. Sometimes assault is defined loosely to include battery. …
Assembly
The congregation of a number of persons at the same location. Popularly-elected Political assemblies are those mandated by the Constitution and laws, such as the general assembly. The lower, or more populous, arm of the legislature in several states is also known as the House of Assembly or the Assembly. …
Asset
An accrued asset is one that arises from revenue earned but not yet due. For example, an accrued dividend is a share of the net earnings of a corporation that has been declared but has not yet been paid out to its shareholder(s). A current, liquid, or quick asset is an item that can be readily converted to cash, such as stocks and bonds. A fixed asset is one of a permanent or longterm nature used …
or Assise Assize
A judicial procedure in early England whereby a certain number of men in a community were called together to hear and decide a dispute; a type of court. A type of writ, commanding the convening of such a tribunal in order to determine disputed rights to possess land. An edict or statute issued by an ancient assembly. The word assize comes from the Latin assideo, which describes the fact that the m…
Association of Trial Lawyers of America - Further Readings
ATLA is comprised of a network of U.S. and Canadian affiliates involved in diverse areas of trial advocacy. It provides lawyers with the information and professional assistance needed to serve clients successfully and protect the civil justice system. The ATLA is governed by its membership through a board of governors and national officers, who are elected at the organization's annual conve…
Assumpsit
[Latin, He undertook or he promised.] A promise by which someone assumes or undertakes an obligation to another person. The promise may be oral or in writing, but it is not under seal. It is express when the person making the promise puts it into distinct and specific language, but it may also be implied because the law sometimes imposes obligations based on the conduct of the parties or the circu…
Assumption of Risk - Express Agreement, Implied Acceptance Of Risk, Knowledge Of Risk, Voluntary Assumption, Violation Of Statute
Situations that encompass assumption of the risk have been classified in three broad categories. In its principal sense, assumption of the risk signifies that the plaintiff, in advance, has consented to relieve the defendant of an obligation of conduct toward him or her and to take a chance of injury from a known risk ensuing from what the defendant is to do or leave undone. The consequence is tha…
Asylum - Eligibility For Asylum, Derivative Asylum, Temporary Protected Status, The R-a Rule
Asylum is not to be confused with refuge, although the terms are sometimes used inter-changeably. An alien who wishes to emigrate to another country is granted refugee status before leaving his or her native country. An asylum seeker (or asylee) seeks that status after arriving in the new country. …
Asylums - Establishment And Maintenance, Public Asylums Ownership And Status, Inmates, Patients, And Residents, Contracts For Care And Occupancy - Officers and Employees
Establishments that exist for the aid and protection of individuals in need of assistance due to disability, such as insane persons, those who are physically handicapped, or persons who are unable to properly care for themselves, such as orphans. The term asylum has been used, in constitutional and legislative provisions, to encompass all institutions that are established and supported by the gene…
Atkins v. Virginia - Further Readings
The case involved Daryl Renard Atkins, who was convicted of capital murder and sentenced to death for abducting, robbing, and killing 21-year-old airman, Eric Michael Nesbitt. The evidence introduced at trial showed that at approximately midnight on August 16, 1996, Atkins and William Jones, both armed with semiautomatic weapons, abducted Nesbitt, robbed him, drove him to an automated teller machi…
Attachment
The legal process of seizing property to ensure satisfaction of a judgment. The document by which a court orders such a seizure may be called a writ of attachment or an order of attachment. Originally, the main purpose of attachment was to coerce a defendant into appearing in court and answering the plaintiff's claim. The court's order pressured the sheriff to take the defendant�…
Attainder
The effect of attainder upon a felon was, in general terms, that all estate, real and personal, was forfeited. In common law, attainder resulted in three ways: by confession, by verdict, and by process or outlawry. The first case was where the prisoner pleaded guilty at the bar, or having fled, confessed guilt and abjured the realm to save his or her life. The second was where the prisoner pleaded…
Attorney
A person admitted to practice law in at least one jurisdiction and authorized to perform criminal and civil legal functions on behalf of clients. These functions include providing legal counsel, drafting legal documents, and representing clients before courts, administrative agencies, and other tribunals. Unless a contrary meaning is plainly indicated this term is synonymous with "attorney …
Attorney-Client Privilege - Further Readings
In the law of evidence, a client's privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications between the client and his or her attorney. Such privilege protects communications between attorney and client that are made for the purpose of furnishing or obtaining professional legal advice or assistance. That privilege that permits an attorney…
Attorney General - State Attorneys General, Further Readings
Furthermore, early attorneys general were specifically restricted by the Judiciary Act from participating in lower-court actions. District attorneys (known in the early 2000s as U.S. attorneys) held the authority to represent the United States in district and circuit courts. Each district attorney could independently decide which cases to pursue and on what grounds—a situation tha…
Attorney Misconduct - Attorney-client Relationship, Attorney-client Sexual Relations, Other Types Of Misconduct, Further Readings
Behavior by an attorney that conflicts with established rules of professional conduct and is punishable by disciplinary measures. Rule 8.4 of the Model Rules of Professional Conduct contains the following statements on attorney misconduct: Besides issuing these general statements, the model rules set down many specific requirements for attorney conduct in different situations. Because of an attorn…
Auctions - Regulation, Agency Of Auctioneer, Conduct And Validity Of Sale, Rights And Liabilities Of Buyer And Seller - Compensation
A sale open to the general public and conducted by an auctioneer, a person empowered to conduct such a sale, at which property is sold to the highest bidder. A bid is an offer by a bidder, a prospective purchaser, to pay a designated amount for the property on sale. A Dutch auction is a method of sale that entails the public offer of the property at a price in excess of its value, accompanied by a…
Audit
A systematic examination of financial or accounting records by a specialized inspector, called an auditor, to verify their accuracy and truthfulness. A hearing during which financial data are investigated for purposes of authentication. …
John Augustus
John Augustus, born 1785, was a cobbler in Boston during the 1840s. He was interested in the legal process and often visited the criminal courts in Boston. In 1841, he was especially touched by the plight of a person convicted of public intoxication who begged the court not to incarcerate him and promised to give up alcohol in return for his freedom. Augustus, sensing hope for the man's reh…
John Austin - Further Readings
John Austin was a nineteenth-century legal theorist and reformer who achieved fame posthumously for his published work on analytical jurisprudence, the legal philosophy that separates positive law from moral principles. Austin's professional pursuits were undermined by his ill health and self-doubt. In 1832, he resigned from teaching because his lectures were poorly attended. During the sam…
Authorities
Governmental entities that have been created and delegated with official responsibilities, such as a county highway authority. In legal research and citation, entities cited as sources of law, such as statutes, judicial decisions, and legal textbooks. Parties support their positions in a lawsuit by citing authorities in briefs, motions, and other documents submitted to the court. Primary authoriti…