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    Legal Terms Coursebook

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    CONTENTS Preface xi About the Authors xv PART ONE Terms Used in Practice and Procedure 1 Chapter 1 COURT SYSTEMS AND JURISDICTION 2 Federal Courts 3 State Courts 5 Jurisdiction and Venue 5 Alternative Dispute Resolution 7 Chapter 2 CRIMINAL TRIAL PROCEDURE 13 ( Arrest 14 inary Hearing 15 Indictment 15 Arraignment 15 Reasonable Doubt 15 Sentencing 16 Defendants’ Rights 17 Trial Separation 17 Chapter 3 CIVIL TRIAL PROCEDURE 22 Beginning a Civil Action 23 Selecting the Court 24 Pleadings 24 Service of Process 25 Attachments 26 Burden of Proof 28 Enforcing the Judgment 28 Summary Proceedings 28 Chapter 4 DEFENSIVE PLEADINGS IN CIVIL TRIALS 33 Demurrer 34 Motions 34 : Counterclaim 37 Gross Claim 37 ross Complaint 37 Chapter 5 METHODS OF DISCOVERY 43 Bill of Particulars 44 Interrogatories 44 Depositions 45 Production of Documents and Things 46 - Chapter 6 Chapter 7 Chapter 8 E-Discovery 46 Permission to Enter on Land 48 Physical and Mental Examination 48 Requests for Admission 48 PRETRIAL HEARING AND JURY TRIAL 53 Pretrial Hearing 54 Right to Jury Trial 54 Impaneling the Jury 55 Examination and Challenge of Jurors $6 STEPS IN ATRIAL 62 Plaintiff's Opening Statement 63 Plaintiff's Case in Chief 63 Defendant's Opening Statement 64 Defendant's Case in Chief 64 Requests for instructions to Jury 64 Final Arguments 65 Instructions to Jury 65 Verdict 65 Judgment or Decree 66 Appeal 66 LEGAL ETHICS 72 Competence and Truthfulness 73 The Unauthorized Practice of Law and the Duty of Supervision 74 Confidentiality 74 Conflicts of interest 75 Legal Fees 75 Advertising and Solicitation 75 Attomey Discipline 76 PART TWO Terms Used in Constitutional and Criminal Law 81 Chapter 9 Chapter 10 CONSTITUTIONAL LAW 82 ‘The Constitution's Structure 83 ‘The Branches of Government 83 Checks and Balances 83 ‘Amendments 84 CRIMES, ACCOMPLICES, AND DEFENSES 89 Se and Mala Prohibita 90 inal Categories 91 Accomplices 91 Criminal Defenses 93 Cyberlaw 94 Contents vi Contents Chapter 11 Chapter 12 Chapter 13 Chapter 14 CRIMES AGAINST PROPERTY 99 Elements of Crimes 100 Larceny 100 Embezzlement 102 Larceny by False Pretenses 102 Bribery, Extortion, and Coercion 103 RICO 103 Receipt of Stolen Goods 103 Forgery 104 CRIMES AGAINST THE PERSON AND HUMAN HABITATION 109 Robbery 110 Mayhem 111 Assault and Battery Distinguished 112 Rape 112 Domestic Violence and Stalking 114 Crimes Against Human Habitation 114 HOMICIDE 121 Justifiable Homicide 122 Proximate Cause 123 Felonious Homicide 123 CRIMES AGAINST MORALITY AND DRUG ABUSE 130 Adultery and Fornication 131 Bigamy and Polygamy 132 {incest and Sodomy 132 Miscegenation and Abortion Laws 133 Pornography and Obscenity 134 Drug Abuse 134 PARTTHREE Terms Used in Law of Torts 141 Chapter 15 Chapter 16 TORTS AND TORTFEASORS 142 Elements of a Tort Action 143 Imputed Liability 144 Liability of Minors 145, Immunity from Tort Liability 145, Joint Tortfeasors 146 INTENTIONAL TORTS 150 Assault and Battery 151 False imprisonment 151 Infliction of Emotional Distress 151 Deceit 152 Defamation 153 Chapter 17 Contents + vil Invasion of Privacy 154 Malicious Prosecution 155 Trespass 155 Conversion 155 Nuisance and Waste 155 NEGLIGENCE AND PRODUCT LIABILITY 160 Elements of Negligence 161 Defenses to Negligence 163 Product Liability 165 PART FOUR Terms Used in Law of Contracts 171 Chapter 18 » Chapter 19. Chapter 20 FORMATION OF CONTRACTS 172 Contract Formation 173 Contract Classifications 174 EContracts 177 _ CONTRACT REQUIREMENTS 194 ‘Contractual Capacity "182 Consideration 182 Contracts Required to Be in Writing: 184. Defective Agreements: 185 2 Legality” 186. Bede? * ‘THIRD PARTIES AND DISCHARGE OF CONTRACTS 191 Third-Party Beneficiaries 192 Assignment and Delegation 192 Ending Contractual Obligations © 193 PART FIVE Terms Used in Law of Personal Property and Agency 201 Chapter 21 Chapter 22 Chapter 23 PERSONAL PROPERTY AND BAILMENTS 202 Sale of Goods 203 Bailments 206 INTELLECTUAL PROPERTY 213 Patents. 214 ‘Copyrights 214 Trademarks 215 Trade Secrets 216 LAW OF AGENCY 221 Relationships Distinguished 222 Kinds of Agents 223 Authority of Agents 223 Vicarious Liability 224 vill Contenis PART SIX Terms Used in Law of Wills and Estates 231 Chapter 24 Chapter 26 Chapter 27 Chapter 28 Chapter 29 WILLS, TESTAMENTS, AND ADVANCE DIRECTIVES 232 Parties toa Will 233 Statutory Requirements 233 ‘Advance Directives 237 REVOCATION, LAPSES, AND ADEMPTION 243 Revocation 244 Failure of Legacies and Devises 245 PRINCIPAL CLAUSES IN A WILL 252 Exordium Clause 253 Debts and Funeral Expenses 253 Dispositive Clauses 253 Residuary Clause 253, Personal Representative, Guar No Surety on Bond 254 Powers Given to Fiduciaries 254 Tax Clause 254 No-Contest Clause 254 Testimonium Clause 255 Attestation Clause 255 Self-proving Affidavit 256 and Trustee 253 DISINHERITANCE AND INTESTACY 261 Spousal Protection 262 Dower and Curtesy 262 Pretermitted Children 263 Homestead Protection 264 Distinctive Relationships 264 Intestacy 264 PERSONAL REPRESENTATIVE OFTHE ESTATE 272 Estate Settlement 273 Titles of Personal Representatives 273 SETTLING AN ESTATE 280 ‘Steps in Estate Settlement 281 Contesting a Will 283 TRUSTS 288 Parties toa Trust 289 Kinds of Trusts 289 Conens be PART SEVEN Terms Used in Law of Real Property 299 Chapter 31 ESTATES IN REAL PROPERTY 300 Freehold Estates 301 Leasehold Estates 304 Chapter 32 MULTIPLE OWNERSHIP OF REAL PROPERTY 309 Co-Ownership of Real Property 310 Multi-Ownership of Real Property 313 Chapter 33 ACQUIRING TITLE TO REAL PROPERTY 319 Original Grant 320 Deed 320 Inheritance 320 Sale on Execution 320 Mortgagee’s Foreclosure Sale 321 Tax Title 321 Adverse Possession, 322.0. ‘Slow Action of Water 323 . Chapter 34 DEEDS 327 Sealed Instrument 328 Requirements of a Modern Deed ° 328 Describing Real Property 329 ‘Types of Deeds “329 Chapter 35 MORTGAGES 336 Historical Background 337 Prevailing Mortgage Theories 338 ‘Types of Mortgages 338 Mortgage Redemption 339 Mortgage Foreclosure 339 ‘Transfer of Mortgaged Premises 340 Junior Mortgages 241 Mortgage Discharge 341 Chapter 36 LANDLORD AND TENANT 346 Leasehold Estates 347 License 348 The Lease 348 Tenants’ Rights 348 Eviction 349 Tort Liability 350 X Contents PART EIGHT Terms Used in Family Law 355 Chapter 37 Chapter 38 MARRIAGE, DIVORCE, AND DISSOLUTION OF MARRIAGE 356 Prenuptial Agreements 357 Marriage Formalities 358 Same-Sex Marriage and Civil Unions 359 Annulment of Marriage 359 Separation of Spouses 360 Divorce or Dissolution of Marriage 360 DIVORCE PROCEDURE 368 Domicile and Residence 369 Foreign Divorce 370 Defenses to Divorce Actions 370 Alimony and Property Distribution 371 ‘Support and Custody of Children 372 PART NINE Terms Used in Business Organizations and Bankruptcy 377 Chapter 39 Chapter 40 BUSINESS ORGANIZATIONS 378 Sole Proprietorship 379 Partnership 379 Corporation 381 Limited Liability Company 383 Joint Venture 383 ‘THE LAW OF BANKRUPTCY 389 Goals of the Bankruptcy Code 390 ‘Types of Bankruptcy Proceedings 390 Glossary of Legal Terms 399 Glossary of Latin Terms and Phrases 428 Index 430 aL 2 CHAPTER Civil Trial Procedure ANTE INTERROGATORY A formal notice to the defendant that a lawsuit has begun and that the defendant must file an answer within the number of days set by state law is a (A) complaint, (B) declaration, (C) summons, (D) verification. (CHAPTER OUTLINE Beginning a Civil Action Selecting the Court Pleadings Service of Process ‘The Answer Default Judgment KEY TERMS ad damnum (ahd DAHM-num) affiant (a-FY-ent) affidavit (afi DAY vit) allege (LEN) allegation (ale-GAY-shun) answet (ar-ser) attachment (a:TACH-ment) aver (a-VER) averments (a-VER-ments) cause of action (AK-shun) civil action ($1V-el AK-shun) class action (klas AK-shur) complaint (kom-PLAYNT) constructive service (kon:STRUK-tiv SER-viss) counterclaim (KOWN'ter klame) declaration (dekla-RAY shun) default judgment (de-FAWLT JUS-ment) ge. Attachments, Ex Parte Hearing Writ of Attachment ‘Trustee Process and Garnishment Burden of Proof Enforcing the Judgment ‘Summary Proceedings defendant (dee-FEN-dent) deponent(de-PONE‘ent) docket (DOK-et) docket number (DOK-et NUM-ber) Doe defendants (de FEN-dents) encumbrance (en:KUM-brens) ex parte (eks PAR tay) gamishee (garnish: EE) garnishment (GAR nish ment) ‘gravamen (GRAH-va‘men) justiciable jus TISH-ebel) legal issues (LEE gul ISH-00s) lien (leen) lis pendens (lis PEN den) litigant (LIT-gant) litigation (1i-GAY-shun) personal service (PER somal SER viss) pelition (pe-TI-shun) plaintiff (PLANE iff) Chapter 3 + Civil Trial Procedure 23 pleadings (PLEED-ings) summary proceeding (SUMe-ree Preponderance of evidence (pre:PON-derens __pro-SEEDiing) ov EVEdens) summons (SUMens) process (PROSS-ess) trial docket (tr! DOK: et) process server (PROSS%ess SERV:er) tral ist (7 ist) ripeness doctrine (RIPE:ness DOK:rin) trustee (rus TEE) rules of civil procedure (SIV-el prosSEEDer) trustee process (trus TEE PROSS ess) service of process (SER-viss ov Verification (verif: KAY shun) PROCESS:ess) wert standing to sue (STAND-ing to S00) vit of atachment (a TACH:ment) statute of limitations (STA-chewt ov wit of execution ek-se-kyoo-shen) limiheTAY shuns) ‘sit of garnishment (GAR nish ment) substituted service (SUB stitewted SER vis) ‘more people become involved in a dispute that they are unable to settle by themselves One of them secks to have a third party, the cour, settle the dispute for them. To do this, court action known as litigation (a suit at law) must be brought. The parties to a lawsuit are called litigants, The person who brings the suit is called the plaintiff, The person against whom the suit is brought is called the defendant. A class action is a lawsuit brought, with the court's permission, by one or more persons on behalf of a very large group of people who have the same interest inthe matter, Under the ripeness doctrine, a court will not hear a case unless there is an actual, present controversy for the court to decide. Judges will not decide cases that are hypothetical or speculative. To be brought to court, potential cases must be justiciable—appropriate for court assessment. ‘The federal rules of civil procedure govern civil cases brought in federal courts. These rules can be found on the Internet. Individual states also have adopted rules of civil procedure that apply to cases brought in ther state courts, A ivil action—that is, a lawsuit other than a criminal one—comes about when two or i BEGINNING A CIVIL ACTION ‘To begin a civil lawsuit, the plaintiff usually makes an appointment with an attorney and tells the attomey the facts ofthe dispute as he or she understands them, The attorney, after listening to the client's version of the facts, determines the legal issues (questions of law) that are involved in the case. The attorney then tells the client about the law as it applies tothe legal issues and gives the client an opinion as to how successful a lawsuit might be. The client, with the advice of the attomey, then decides whether or not to bring the lawsuit. ‘An important consideration is whether the client has standing to sue, Standing to sue ‘means that a party has a tangible, legally protected interest at stake in a lawsuit. For example, ‘you could not bring suit against someone who breached your friend’ contract, because you were hota party to that contract. You would not have “standing.” ‘Another critical consideration forthe attorney is whether the applicable statute of limita- ‘ions bars the lawsuit from being filed. Statutes of limitation seta time limit for how long plain- tiffs can wait, after the plaintiff is aware of the action (or reasonably should be aware), to file a lawsuit. Time limits vary according to the kind of suit being filed, but in most jurisdictions the statute of limitations for personal injury is two years. If the client decides to bring suit, the attorney usually weites a letter to the defendant, say: ing that he or she represents the plaintiff and has been authorized to bring suit against the defend- ‘ant. In the leter, the attorney often makes an attempt to settle the case out of court and gives the defendant a few days to answer the letter. If no settlement can be reached, the plaintiff attorney will begin the lawsuit, 24 Part | + Terms Used in Practice and Procedure SELECTING THE COURT ‘The attorney's first task in bringing suit is to select the court in which to bring the action. In choosing a court, the attorney must determine which court has jurisdiction over both the person ‘who is being sued and the subject matter of the case, as discussed in Chapter 1 PLEADINGS Civil suits are begun and defended at the outset by the use of papers known as pleadings. Pleadings are the writen statements of claims and defenses used by the parties in the Lawsuit. Pleadings serve the purpose of giving notice to all partis of the claims and defenses inthe suit; in addition, pleadings narrow the issues for tial so that both parties andthe court know the legal issues that must be decided. ‘To begin a civil suit the plaints artomey files a complain withthe cle ofthe cour, which is the plant’ first pleading. A complaint (called a declaration at common law) isa formal docu- ‘ment containing a short and plain statement ofthe claim, indicating thatthe plaintiff is ented to relief and containing a demand forthe relief sought. The complaint sets fort the plaintiff's cause of action, ‘which isthe ground on which the suit is maintned. The essential basis, or gis, of the complaint is [known asthe gravamen ofthe lawsuit. The complaint contains allegations (aso called averments), ‘which are claims thet the party making the complaint expects to prove. To allege, or to aver, means to make an allegation; to assert positively. The clase in the complaint stating the damages claimed by the plaintiffs called the ad damnum. In some states, a complaint must be accompsnied by a verification signed by the plaintiff. A verification isa written statement made by the plaintif, under oath, confirm- ing the comeciness, truth, or authenticity of a pleading. In some states, especialy in couts of equity (see Chapter 7), civil suits ae begun by the filing of a petition—a written application fora court order. ‘The lawsuit begins when the complaint or petition is filed with the cour. The plaintiff's attorney ether mails (registered or certified) or hand-delivers the complaint tothe court, with the proper filing fee. The clerk of court keeps a record, called a docket, of cases that are filed and assigns a docket number to each case. The term trial docket or trial list refers tothe calendar of eases that are ready for tral Due to the advance of technology, pleadings and other papers may be filed or served elec- tronically, according to Rule 5 of the Federal Rules of Civil Procedure, provided that the local federal cours allow for electronic filing and that other parties consent to electronic service. States have similar allowances. Indiana Trial Rule 5(F(2) allows forthe electronic filing of pleadings. ‘And to protect the privacy of litigants, Rule 5.2 of the Federal Rules of Civil Procedure requires that certain personal information (Social Security number or date of birth) be presented in a way that does not entirely disclose the information. For example, the last four numbers ofa person's Social Security number only may be listed. Once the complaint is filed with the cour, the defendant is notified of te suit by a method known as process. Process is defined as the means of compelling the defendant in an action to appear in court, «velit ver (ruth) «ot say vey ve Iuuth) + facere to make) OP Chopter3 + Civil Til Procedure 25 SERVICE OF PROCESS A summons is used to notify the defendant of the lawsuit. A summons is a formal notice to the defendant that a lawsuit has begun and that the defendant either mus file an answer within the numberof days set by state law or lose the case by default. Service of process is the delivering of summonses or other legal documents to the people who are required to receive them. A sum- ‘mons is obtained from the court, filled out, and given, along with a copy of the complaint, to a DBrocess server (a person who caries out service of process). The process server delivers copies of the summons and the complaint to the defendant and then fills inthe back of the summons indicating when and how service was made, The summons is then returned to the cour. The process server may serve process by delivering a copy of the summons and com- plain tothe defendant personally, which is known as personal service. Service that is not per- sonal service is called constructive service when the summons and complaint are left atthe ‘defendant's last and usual place of ebode and substituted service when they are delivered tothe defendant's agent, mailed, or published in a newspaper. Ifthe defendant is a corporation, proc- ‘ess may be served on an officer ofthe corporation, on a registered agent ofthe corporation, ot ‘on the person in charge of the corporation’s principal place of business. When the defendant's ‘whereabouts are unknown, process may be served by publication in a newspaper. In some states, service may be made by mail. And as stated earlier, the Federal Rules of Civil Procedure author- ize electronic service, provided that there is written consent by the party to be served. When names of defendants are unknown, summonses and complaints refer to people as Doe defendants, such as First Doe, Second Doe, John Doe, and Jane Doe. TERMS IN ACTION Ta the 2008 movie “Pineapple Express,” Seth Rogan’s character plays a process server who | uses creative methods to get divorce papers or civil complaints served on defendant, in- | cluding impersonating doctor and serving a summons on a surgeon during an operation. | | That may not be too far from realty for those who sometimes have to use deception to find | | defendants, some of whom don’t want to be found. Process servers might have to dodge | | menacing dogs while trying to find hiding homeowners who don’t want to receive service | of process on foreclosure actions, an they sk personal injury if they are attacked by an | ‘gered recipients of subpoenas or legal documents. California and Washington State allow [process servers to temporarily trespass in order to do thei job. Whereas substitute service | is allowed in al jurisdictions, nothing beats being able to say, “You've been served.” Even Mark Zuckerberg, the billionaire who createt Facebook, heard those words when a process server got past security a a fancy ski resort in Idaho, where Zuckerberg was having lunch in | 2010. One process server in Seatle was so unpopular for his menacing tactics that the Seale Times wrote an article about him in 2010, recounting how he once pitched a tent outside @ target's house and camped there until the guy came home. Service of process can even be deadly. In 2008, a process server in Colorado was murdered after personally serving an irate husband atthe divorcing couple's home. ‘Source: seatetimes com; basinessnsdercom; thedenvrchasne om The Answer Upon receiving the summons, the defendant has a time limit to file an answer, which is the defendant's pleading. An answer is a written response to the plaintiff's complaint, filed with the court where the complaint was fled. An answer denies or admits the specific allegations in the complaint, or it may claim a lack of knowledge about the truthfulness of the complaint’s allegations. A defendant's answer may also include a counterclaim—a suit filed against the Plaintiff—which would then require the plaintiff's written response. 26 Part | + Terms Used in Practice and Procedure Default Judgment When a defendant fails to file an answer or other pleading in response to a summons and complaint, he or she may lose the case by default. A default judgment is a court decision entered against a party who has failed to plead or defend a lawsuit Criminal Action Givil Action 1. Who brings the action? The government The injured party 2. What is the plaintiff's burden Prove guilt beyond a Prove preponderance of of proof? reasonable doubt evidence 3. What can be the result for a Prison, fine, or both; death; Pay money (damages) to the losing defendant? restitution ‘winning party, do or refrain from doing a particular act ATTACHMENTS ‘Attimes, plaintiffs need the assurance that if they obtain a judgment against the defendant (that is, win the lawsuit), money will be available from the defendant to pay the amount of the judg- tment. This assurance is accomplished by attaching the defendant's property atthe beginning of the action. An attachment is the act of taking a person's property and bringing it into the cus- ‘ody of the law so that it may be applied toward the defendant's debt if the plaintiff wins the suit, ‘The method of obtaining an attachment varies somewhat from state to state. Under a typi- cal state law, the plaintiff's attorney files a motion for attachment with the court atthe sare time the complain is filed. The plaintif's attomey most als file an affidavit signed by the plaintiff stating facts that would warrant a judgment forthe plaintiff. An affidavit isa written statement sworn to under oath, before a notary public, as being true to the affiant’s own knowledge, in- formation, and belief. An affiant (also called a deponent) is a person who signs an affidavit, ‘The motion, affidavit, summons, and complaint, together with a notice of hearing, are sent to the process server, who serves them on the defendant. A hearing is then held by the couct to determine whether or not o allow the attachment. The court may allow the attachment if it finds that a reasonable likelihood exists that the plaintiff will recover a judgment against the defendant for the amount ofthe attachment over and above any insurance coverage thatthe defendant has. Ex Parte Hearing Sometimes, the plaintiff's attorney wishes to atch the defendant's property, but does not want to nolify the defendant in advance that an attachment is going fo occur. In such cases, the plain- tiffs attorney attends an ex parte session of the court. Ex parte means that the hearing is at- tended by one party only. Te plaintiff's attorney asks the court to allow the attachment without notifying the defendant beforehand. The court may allow the attachment without notifying the defendant if it finds (1) thatthe defendant isnot within its jurisdiction (but the defendant's prop- erty is, thereby giving it quasi in rem jurisdiction), or (2) that a danger exists thatthe defendant will conceal the property sell it, or remove it from the state, or (3) that a danger exists thatthe defendant will damage or destroy the property Writ of Attachment A writ is a written order of a court, returnable to the same, commanding the performance or rnonperformance of an act. Ifthe court allows an attachment, the judge signs a paper called a writ of attachment. This written order is to the sheriff, commanding the sheriff to attach the real or personal property of the defendant, up to an amount approved by the court. Chapter3 + Civil Trial Procedure 27 When real property is atached, the writ of attachment or a notice of lis pendens (pend- ing suit) is recorded at the registry of deeds in the county where the property is located. This procedure has the effect of putting a lien on the property util the lawsuit is completed. A lien {also called an encumbrance) is a claim that one person or entity has against the property of ‘another. The claim attaches o the property until the lawsuit is completed. I the plaintiff obtains 8 judgment against the defendant, an officer ofthe court, such as a sheriff, can sel the property lunder the court's direction and obtain the money to satisfy the judgment, If personal property is attached, the court officer may take possession of it, or in some circumstances place a keeper over it, or sell it immediately as in the case of perishable property. With variations from state to state, certain items are exempt from attachment, such as necessary wearing apparel, furniture and books up toa particular value, tools necessary to carry on a trade, and materials and stock up to a specified value. Other technical restrictions on the attachment of personal property exist. Trustee Process and Garnishment Sometimes, it is necessary to attach property of the defendant that is being held by another person. This is most commonly done to attach money that the defendant has in a bank account ‘or wages or other money that has been earned by the defendant, but not yet paid. ‘The procedure for attaching the defendant's property that isin the hands of a third person is called trustee process in some states and garnishment in others, To begin trustee process, the plaintiff's attomey obtains a trustee process summons, or a writ of garaishment from the court, ils it out, and files it withthe court, together with the complaint, a motion for approval of attachment on trustee process, and a supporting affidavit, The defendant is notified (unless the attachment is on an ex parte basis), and a hearing is held by the court to determine whether the ‘trustee process attachment should be allowed. If tis allowed, the summons is sent tothe process server, who serves it on the trustee or garnishee (the one holdiig the defendant's property). The summons orders the trustee to file, within a prescribed number of days after service, a disclosure lunder oath of the goods, effects, or credits, if any, of the defendant that are in the possession of the trustee atthe time of service. In some states, trustee process cannot be used in actions for ‘malicious prosecution, slander, libel, assault and battery, and specific recovery of goods. Certain other actions are also exempt from trustee process. With some exceptions, the plaintiff must file ‘bond with the court before trustee process can be used. The bond is forthe purpose of paying the defendant's court costs and damages inthe event that the attachment was wrongfully brought by the plaintiff TERMS IN ACTION Although O.. Simpson is currently incarcerated fr a 2008 Las Veges robbery conviction, be succeeded in winning his first criminal ri known as “the tril ofthe century.” Charged | with de double murder of is ex-ife Nicole Brown Simpson and her rend Ron Goldman, | Simpson was found nt guilty afte a nine-month-long nationally televised tal. Buin 1997, | Simpson as fund lible inthe civil wrongful-death case, led at the criminal cas, and | the jury awarded the Brown and Goldman families $335 milion. After failing to ay the | damages, the plaintiffs began the process of attachment. Although Simpson's NFL pension was deemed tobe exempt from garnishment, eventually mich of his nonexemp property ‘as soldat auction to help pay bs judgment. Simpsons most famous personal property, his 1968 Heisman trophy, sold for $230,000, A grand piano at Simpson's home wasn't sold a auction, however, because a judge agreed wit Simpson's lawyers tat it was agit made by Simpson and Nicoe in 1984 o Simpson's mother, but was Kept at hs Brentwood mansion In 199, the State of Califor fled tax Hen against Simpson for well over $1,000:00 Source: ascountingtoday com: people com; webarchiv 28 Part + Terms Used in Practice and Procedure BURDEN OF PROOF Recall that in criminal cases, the prosecution must prove beyond a reasonable doubt that the defendant committed the crime, In civil cases, the burden of proof is different. To win a civil cease, the plaintiff must prove the case by a preponderance of evidence—evidence of the great- cst weight. This degree of proof requires the judge or jury to believe that the evidence more likely or not favors the plaintiff. ENFORCING THE JUDGMENT If the losing party is ordered to pay money tothe winning party and does not do so, the winning party must ask the cout fora writ of execution. This process is used to enforce a judgment for the payment of money. The writ orders the sheriff to enforee the judgment. SUMMARY PROCEEDINGS Lengthy and complicated trials are expensive for the parties and the governmental agencies administering them. Whenever possible, itis beneficial to hold atrial quickly, in a simple man- ner. A summary proceeding isthe name given toa short and simple tral. Proceedings held in smal-claims courts are examples of summary proceedings. Reviewing What You Learned After studying the chapter, write the answers to each of the following questions: 1. How does thie plaintif’satorney bepin a civil suit? ‘5 In what ways may process be served if the defendant is a corporation? 2, What two purposes do pleadings serve? 6. How can plaitiffs be assured that money will be available oes from defendants ifthe plaitffs win a lawsuit? 3. How isthe defendant notified that a lawsuit has been brought Oe against him o her? 4, Deseribe three ways that process may be served on the defendant. Under atypical state law, what two documents must the plain- tiffs attorney file withthe court to obtain an attachment? bP 8, How is the defendant notified of the plaintiff's motion for attachment? 9. The court may allow an atachment if it finds what? 10, On what three occasions may the court allow an attachment without notifying the defendant beforehand? Understanding Legal Concepts Chapter 3 + Civil Tial Procedure 29 11, What is done with the wet of attachment or notice of ls pen dens when real property is attached? 12, Whats a statute of limitations, and why sit important? Indicite whether each siatementis true dr false. Then, change the italicized word or phrase ofeach false statement to make it iru ANSWERS —— 1. To begin a lawsuit, the plaimtiff's attorney files a summons with the cles ofthe cour. —— 2. Pleadings help to narrow the issues for trial so that both parties and the court know what legal issues must be decided —— 3 A complaint isa formal notice to the defendant that & lawsuit has begun and thatthe defendant either must file an answer within the number of days set by state law or Lose the case by default. —— 4. To obtain an attachment, under atypical state law, the plaintiff's attomey les a motion for atackent with the court atthe same time thatthe complaint is filed. —— 5. Anaffiantis also known as adeponent Wj Terminology (Part A) —— 6 Amex parte session of the court is attended by bork parties tothe suit. —— 7. Ant of atachmens is a written order tothe sheiff 0 attach the property ofthe defendant. 8. When reat property is atached, the writ of stachment is recorded at the city or town hall where the property is located, —— 9 The procedure for attaching the defendant's property thats in the hands ofa third person is called a writ of «encumbrance in some sates, 10. A trast process summons orders the trustee to File, Within a prescribed number of days, a disclosure under ‘ath ofthe goods, effects, or credits of the defendant ‘that are inthe possession of the trustee. From thelist of legal terms that follows, select the one that matches each definition. ANSWERS affine 1 Arecord of cases tht ae filed with the court by afidavit 2, A formal document containing a shor an plain statement ofthe claim, indicating that © allegation the plaintiffs entiled to relief and containing a demand forthe relief sought. Select @. allege ‘woanswers) © answer —— 3. Theactof taking a person's property and bringing itinto the custody of the law so that attachment itmay be applied toward the defendan’s deb ifthe plaintiff wins the case. e aver —— 4. Apperson who signs an affidavit (Select two answers.) 2 cause of action —— 5. Onone side only. sb 30 Part 1 + Terms Used in Practice and Procedure ex pate ‘garnishment ‘grvamen justciable legal issues 16. Appropriate for court assessment. 17. Questions of law tobe decided by the court in a lawsuit 1B. A pending suit, 19, Claims thatthe pany making it expects to prove (Select two answers) 20, To make an allegation; o asset positively. (Select two answers) Tien 21. A defendants sut filed apsinst te plaintf. lis pendens lidgant 22, A person against whom a lawsuit is brought i evil ction 6. Acclaim that one person or entity has against the property of another (Select two las action answers.) complaint 7. A procedure for attaching the defendant's property that isin the hands ofa third person. 1. constructive service {8 The ground on which a suits maintained counterclaim 4 A number assigned to each case by the clerk of court 1 declaration 10, A writen statement sworn to under oa, before a notary public as being tue to the af 0. default judgment fiants own knowledge, information, and belief. defendant AL. A typeof service in which the suramons and complaint ae left atthe defendants last ‘& deponent tnd usual place of abode. F docket 12, References to defendants whose names are unknown. S. docket sumber 13. The defendant's pleading in written response tothe plaints complaint 1. Doe defendants 14. A cour decision entered against party who ha failed to plead or defend a lawsuit. 1 encumbrance 1S. The essetial basis or gis of «complaint filed ina lawsuit. y bb. Checking Terminology (Part B) From thelist of egal terms tha follows, elect the one that matches each definition. ANSWERS 2. itgaion 1. A writen application for a cour order. . personal sevice 2. A pary that has a tangible, legally protected interest at take ina Lawsuit © petition 3. Parties toa lawsuit 4. plant 4. Evidence ofthe greater weight pleadings 5, Regulation that govern the proceedings i civil cases preponderance of evidence 6. Asuitatlaw. B. process 77 The principle under which the cour will not hear a case unless there isan etual, | process server present controversy forthe court to decide. 1. ripeness doctrine 8 A shor and simple ia 4k tues of civil procedure 9. A writen order to the sheriff, commanding the sheriff o enforce a judgment ofthe I. service of process court 1. standing to sue 10. The writen statemens of claims and defenses used by the partes inthe lawsuit sm, statute of limitations {LA formal notice fo the defendant that a lawsuit has begun and that the defendant either 1. subsiued service rust file an answer within the numberof days set by state aw or lose the ease by de ©. summary proceeding fault - summons 412, The calendar of cases that are ready fr tial. (Select two answers.) 4, tral docket 13. A writen order to the sheriff commanding the sberiff to atach the real or personal rial ist property ofthe defendant. trustee 14. A person who holds legal tie to property in ust for another. 1 ustoe process 15. A writen statement made under oat, confirming the comectnes, truth or authenticity verification of apleading. writ 16, The means of compelling the defendant in an action to appear in cour. . wit of attachment 17. The delivering of summonses or other legal documents tothe people who are requited x. writ of execution to receive them, 18 Sct time limit for how ong plaints can wait wo file lavesuit 19. The delivery of a copy of the summons and complain othe defendant personally 20. A written order ofa cour, returnable to the same, commanding the performance or non- performance ofan act. 21, A.type of service in which the summons and complaint are delivered tothe defendant's agent, mailed, or published in a newspaper. . A person who caries out service of process. 3. One who brings a lawsuit BR op ‘Chapter 3 + Civil Trial Procedure 31 Using Legal Language Rea the ling story and fin he lak lines wih eal terms len rom thelist of ems the esinning ofthis chapter: After checking to see whether the client's case wasn't too old, but was at a(n) sé within session of the court the atomney to place a(n) —_ which is also began the lawsuit by fling the __ + called af) __ onthe defendants which isthe plainif's first + real property, without the defendant being notified beforehand. with the clerk of the court, who assigned a(n) Along with the motion, the attomey was required to file a(n) to the case to identify it, The which was signed under oath attorney then had the serve bytheclient, whowascalledthe copies of the, andcomplaitonthe » or ‘The attachment was efendant, wo was called a(n) allowed by the court, and the because of an unknown name, Because of the fact that was recorded at the Registry of Deeds. Because this did not that i the means for com- involve the attachment of property in the hands of a thitd pelling the defendant to appear in court—occurted by leaving party, which is also the papers at the defendant’ last and usual place of abode, called _, was not used. When it was not service; instead, the case was ready for trial, it was placed on the it was called _ ‘The attorney which is sometimes referred also filed a motion for a(n) _ toasthe up 32. Part | + Terms Used in Practice and Procedure PUZZLING OVER WHAT YOU LEARNED Lt Bl ‘Caveat: Do not allow squares for spaces between words and punctuation (apostrophes, hyphens, tc) when filing in crossword. ‘Across 1. Service In which papers are lf at delendants last and usual place of abode, 4.Calondar of eases that are ready fr tal, 6. Another name for tal docket, 8. Act of bringing a person's property into the custody ofthe law. 8, Witten order ofthe court commanding the performance of an ac. 10, Defendants whose names are unknown, 11,Ground on which a suis maintained, 13, Written order toa sherif commanding the attachment of propery 14. Written statement underoath conning the correctness of pleading 15.Person who signs an affidavit. 16. The common law name fora complaint. 17. The delvering of sursmonses or cthr egal documents, Down 1. Formal document containing short statement of he plant's aim, 2.Service in which summons and complaints are debvered to an agent ot males 8.Claim that one has against the property of another. 5 Record of cases that are fled withthe clerk of cour. 7.Written statement swe to under oath 12.Writen statements of claims and defenses used in a lawsuit CHAPTER Constitutional Law ANTE INTERROGATORY The first 10 amendments in the U.S. Constitution are known as the (A) Supremacy Clause, (B) judicial review doctrine, (C) Articles of Confederation, (D) Bill of Rights. CHAPTER OUTLINE Checks and Balances ‘The Constitution’s Structure ‘Amendments ‘The Branches of Government KBY TERMS House of Representatives (howse ov amendments (1h. MEND.mentz) repreeZEN tah tie) “Articles of Confederation (AREvih-clz ov __‘Jdicil branch (ew DIdt-sheel branch) Kon FEDera:shun) judicial review (jew DIH-sheel ree VEE-U) ancles (ARE‘ihvelz) legislative branch (leu SLAY.tv Branch) bicameral (bye KAMeral) pocket veto (PAH et VEE ow) of Rights (bil ov rites) Senate (SEN) cabinet (KABh net) separation of powers (she per:A-shun ov checks and balances (chex and BAL-ensays) _ POWsers) clause (klawz) Supremacy Clause (sue-PREMasee kaw) elastic powers (ee-LASS tick powerz) treaties (TREE weer) executive branch (ex-ECK-kew-tiv branch) U.S, Constitution (you ess kon-stih- TWO-shun) ‘express powers (ex-PRESS pow-erz) federalism (FEDeralizm) USS. Supreme Court (you ess sue-PREEM) veto (VEE-tow) hhe US. Constitution is the first governing document in world history that creates representative democracy, expressly limits the powers of government, and grants spe- cific rights to the people. But it was not the first foundational governing document in ‘American history. The Articles of Confederation loosely governed the colonies, and then the states, from 1777, until the Constitution was ratified in 1789. The Articles of Confederation lacked some elements that were pat into the Constitution, including an executive branch, a judi- cial branch, 2 national army, andthe power to tax. 86 Chapter 9 + Constitutional Law 83 ‘THE CONSTITUTION'S STRUCTURE At the Constitutional Convention in 1787, the framers decided to create a federal constitu tion that would provide for direct and indirect representation, and would have separation of powers by giving independent authority to each of the three branches of government. ‘Those branches of government are the legislative branch, executive branch, and judicial branch. The constitution consists of seven articles, which are the separate, original parts of the constitution, and 27 amendments, which modify or invalidate earlier parts ofthe consti- tution, The constitution’s structure provides for federalism, which allows state governments to retain their individual governing powers, even though the federal government is given, broad powers, ‘THE BRANCHES OF GOVERNMENT Article T of the constitution is directed to the establishment of the federal Congress. The federal legislature is bicameral, which means that there are two chambers, or houses of representation. The House of Representatives has 435 members. Members of the House of Representatives serve two-year terms, and the number of representatives in the House is based on each state's population. The Senate has 100 senators who serve six-year terms. Each state gets two senators, Article I gives the power to make laws to the Congress. Either chamber of Congress may begin a legislative bill, with the exception that taxing legislation ‘must start in the House. of Representatives. Congress's express powers are the specifically stated powers of Congress and are found in Article I, Section 8, Included in those powers are the power to declare war and the power to regulate interstate commerce. Congress also has the power to make all laws necessary and proper fo carry out its express powers, sometimes called its elastic powers, Article II creates the executive branch, which is headed by the U.S. President. The president's responsibilities include carrying out the laws passed by the Congress, directing all federal military forces, and appointing all federal judges. The president also appoints the heads of the executive departments of the government, called the cabinet, The cabinet includes the Department of State, the Departinent of Defense, and the Department of the ‘Treasury. The president also makes treaties, which are legally enforceable agreements with foreign governments. Article [ll of the constitution creates the U.S. Supreme Court, Its jurisdiction is primarily appellate, but it also is given original jurisdiction over certain legal matters, such as the case that would arise if a state were to sue another state. Beyond being the highest ‘court in the federal judicial system, the Supreme Court is the highest and most powerful ‘court in the country because Article VI of the constitution has a clause) (a distinct part of a constitutional Section known as the Supremacy Clause, which makes federal law preemi- nent when federal and state law conflict. And due to the doctrine of judicial review, the Supreme Court has the power to declare acts of Congress and acts of the executive branch unconstitutional CHECKS AND BALANCES In order to prevent one branch of government from becoming too dominant, the constitu= tion creates a system of checks and balances, which allows each branch to counteract the powers of the other branches. For instance, the president can veto a bill rather than signing it into law. Veto is Latin for “I forbid,” and if the president strikes down a piece of legisla- tion through a veto, or refuses to sign it (called a pocket veto), the Congress can override the veto with a two-thirds majority vote. The Senate can refuse to vote for the president's judicial or cabinet appointees. And the Supreme Court can declare federal legislation un- constitutional 84 Part2 + Terms Used in Constitutional and Criminal Law ‘The veto power is one of the presidential powers that demonstrates the separation of pow- cers and the checks and balances inherent in the Constitution. Whether the president uses a traditional veto, directly striking down the legislation, or refuses to signa bill, called a pocket veto, Congress can exercise its checks and balances power by overriding the veto, provided both houses again vote for passage of the bill by a two-thirds majority. In the history of the USS. Constitution, there have been 2,563 vetoes and only 110 instances of vetoes being over- ridden. George Washington issued two vetoes, and both were overridden, whereas James ‘Adams and Thomas Jefferson never vetoed any legislation. But Franklin Roosevelt (who was president from 1932 until his death in1945) issued a total of 645 vetoes. Of these, 372 were rogular vetoes and 263 were pocket vetoes. Only 9 were overridden. Source: senate gov AMENDMENTS: In order to make changes to the constitution, as ater generations would desire, Article V of the USS. Constitution provides for a process to amend the constitution. A total of 27 amendments. have been passed, although the first 10 amendments, known as the Bill of Rights, were passed sitaultaneously in 1791. The Bill of Rights provides specific freedoms to Americans, such as the First Amendment's guarantee of freedom of religion, freedom of speech, and freedom of ‘press clauses, The Bill of Rights also puts certain restrictions on the federal goverument, such, as the Fourth Amendment's probibition on warrantless searches, or the Eighth Amendment's prohibition on cruel and unusual punishment, Later amendments have made slavery illegal, ‘granted equal protection to former slaves, granted women the right to vote, and reduced the voting age to 18. Does the freedom of speech guarantee in the Bill of Rights include all speech? No. Not only are some categories of speech unprotected by the Constitution (pornography, for instance), but also, other categories of speech ar illegal (extortion, for example). In 2011, the U.S. Supreme Court dealt wit the question of whether the First Amendment protected the ranting of a small, religious sect whose members are infamous for going to the funerals of soldiers and picketing ‘with signs that say hateful things to the surviving family members. From Topeka, Kansas, family members belonging to what is known as the Westboro Baptist Church have gone to ‘over 600 funerals of those who died serving the country in Afghanistan and Trag. Carrying pickets that say things like, “God Hates Fags” and “Thank God for Dead Soldiers," the group also yells at the grieving family members, if given the chance. The family of Matthew Snyder, ‘a marine who died in Ira in 2006, were subject to the picketing at their son's funeral and sued the tiny fringe group. The case reached the Supreme Court, who decided in an eightto-one vote in March 2011 thatthe hateful speech was protected “public speech.” Chief Justice John Roberts wrote in the majority decision that, despite the noxiousness of what was being said, the content was protected because the protestors were expressing thei view that America was being divinely punished for its tolerance of homosexuality. That qualified the statements as commentary on a public matter. Justice Samuel Alito was the lone dissenter, and he wrote that the First Amendment doesn’t protect people from brutaizing others. ‘Source: Smderv, Phelps, $62 US, (2011); washingtenpostcom ear Chapter9 + Consiutional Law 85 | Constitution Wi First Amendment Rights establishiment clause Prohibits the government from establishing a © © sate religion, freedom of speech SGiaraniess to all persons the right to speak, both Se orally and in wring freedom of the press ‘Guarantees to all persons the right to publish ‘ideas without government “freedom of assembly Guarantees to ll persons the rg to peaceably Dae associate and assemble with others. “free exercise cause Gibrantes to all persons the right to feey : practice their religion: : Protection for Criminal Defendants. fight to trial by jury Gives ciminal defendants the right to 2 speedy uae ‘and abi ur tral (Sith Amendment fight to confront witnesses Gives criminal defendants the right to confront : witnesses against them (Sith Amendment). - -self-incriminating protection - Gives criminal defendants the right to refuse to : ‘testify against themselves (Fifth Amendient). ‘cruel and unusual punishment. ‘Protects criminal defendants from being subject to. Sere ‘excessive bail and cruel and ie purnishement ee s : ‘Gith Amendment). double jeopardy protection Protects criminal defendants from being vied : twice forthe sae offense hh Amencmen) ‘Meaningful Clauses ee ae commerce douse. Gives Congress the power to regulate commerce ©) with foreign nations and among the different oe Sates (ALN, S 1) | ‘Supremacy Clause ‘Makes the U.S. Constitution and federal laws the “supreme lw ofthe land (Art i § 4), full fath and credit clause _—Requlres each state to tecagnize the lavis and court decisions of every other state (Art. (V, Sees privileges and immunities cause Requires states to give out-of-state citizens the © samt tights as they give their own citizens Art. NV, 5 2: Fourteenth Amendement) qual protection cause Requires that similarly situated persons receive “ : “say Meatment Undet the law (Fourteenth ‘ ‘Atpendment):< - due process clause “Provides that no person shall be ceprived of lie, Nberty, oF property without fairness and Justice (due process of law) (Fifth Amendment; “Fourteenth Amendment). Te 86 Part 2 + Terms Used in Constitutional and Criminal Law Reviewing What You Learned Aer studying the chapter, wrt th answers teach ofthe following question: 1. What ae the differences between the U.S. Constitution andthe 7, How many members of the Senate are thee, and what term ‘Asticles of Confederation? length do they serve ? 8, What are some powers in Article I ofthe U.S. Constitution that ss has the power to exercise 2, How was the federal goverment given separation of powers Congress has the power to exercise? by the constitution? 9. What do the executive branch powers include in Article I of 3. What are the differences between articles and amendments? the US. Constitution? 4, What is federalism? 10, Describe some ofthe powers ofthe U.S. Supreme Court listed in Article I of the constitution, 45, What does bicameral mean? 11, What does the Supremacy Clause say? 6 How many members ofthe House of Representatives are there, and what term length do they serve? 42, What does the doctrine oficial review express? 200. ‘Chapter 9 + Constitutional Law 87 13, What are checks and balances and how does each branch of 14, What does the Bill of Rights do? What are some of the {government exercise them? purposes of amendments? Understanding Legal Concepts Indicate whether each statement sro false Then, change the talcized work o phrase ofeach alse statement o mak it tue. ANSWERS. _—— 5. The number of representatives in the Senate is based on each state's population. —— & Congress's elastic powers are the specifically stated powers of Congress and are found in Ace 1, section 8. The executive branch is headed by the U.S President 1. The U.S. Consttuion was the fist foundational gov cerning documeat in American history. 2. Our federal constitution provides national represents ‘The jurisdiction of the U.S. Supreme Courts primarily —— 3. Articles modify or invalidate earlier parts ofthe consti- appellate, but it also is given original jurisdiction over a certain legal matters —— 4 Federalism allows state governments to retain thelr 9. ati fo frvateg forbid” individual governing powers, eventhough the Feder ——~ 19" The pocket veto puts certain retctons on the federal ‘goverument is given broad powers, government, Checking Terminology From thelist of legal terms that follows, select the one that matches each definition. ANSWERS: amendments —— |. Thefirst governing document in world history that created representative democracy. . Antes of Confederation = 2 Allows stste governments to retain their individual governing powers; federal «©. articles government is given broad powers. 4. bicameral Branch of government that makes laws, © Bill of Righss Legally enforceable agreements with foreign countries. cabinet 5, Specifically sated powers of Congress. 1 checks and balances “To modify pars ofthe Constitution hh. clause Highest cour in the Urited Stats, i. elastic powers US. Supreme Court jj executive branch Based on each state's population, Ik express powers Power to make laws in order to cary out express powers. 1 federalism | Smaller house of representation, im, House of Representatives Loosely governed colonies and states until 1789. 1. judicial branch ‘The president's oficial refusal to sign a bill. ©. judicial review Independent authority to each branch of government. p. legislative branch Seven separate, original pars of the Constitution, 4. pocket veto Makes federal law preeminent when federal and state law conflict. 1 Senate ‘Supreme Cout's power fo declare acts of Congress and the executive branch 5. separation of powers ‘unconstitutional Supremacy Clause 18. US. President 1 treaties 19. The act ofthe presidents sziking down a piece of legislation, v. US. Constitution = 20. The wo chambers of Congress, ww. US. Supreme Court 21. A distinct par of a constitution section, ‘Allows each branch of government to counteract powers in nother branch, Heads of executive departments of government, First 10 amendments tothe US. Constitution, eat 88 Part2 + Terms Used in Constitutional and Criminal Law PUZZLING OVER WHAT YOU LEARNED Caveat: Do not ow squares for spaces between words and punctuation (apostrophes, hyphens, tc) when fling in crossword. Across 5. distict part of a Constitutional Section 7, Present refusing to signa piece of eglation 10, 100 members 11, Heads of executive departments of government 13. Legally enforceable agreements with foreign ‘governments 14, President striking down a piece of lgittion 15. Specialy stated powers of Congr Or Down 4. Original parts of tho constution 2. Highest court in federal jul sytem 8. Federal law is preeminent when federal and state law conflict 4, Ft ten amendments 6, The governing document ofthe United States 8, The power to make laws to carry out express powers 9, Two chambers of representation 12 States have individual power, foderal government has broad powers Crimes, Accomplices, and Defenses ANTE INTERROGATORY. Being tried twice for the same offense is (A) entrapment, (B) petit treason, (C) double jeopardy, (D) ex post facto. CHAPTER OUTLINE (Crimes Mala in Se and Mala Prohibita Principal Criminal Categories Treason Felonies and Misdemeanors KEY TERMS accessory after the fact (ak-SESS-o-ree) accessory before the fact accomplice (aCOMpliss) actus reus (AHK-tus REE-us) aiding and abetting (a-BET:ing) alibi (AL¢by) ‘common law (KOM‘on) conspiracy (kon-SPIR-a-see) constructively (kon-STRUCtiv-lee) cybercrime (S¥-ber-kryn) cyberlaw (SY:ber-aw) defense (de-FENSE) double jeopardy (DUB‘el JEP erdee) ‘entrapment (en-TRAP ment) exclusionary rule (ek KLOO-shun-a-ree) x post facto (eks past FAK:to) Accomplices Principal in the First Degree Principat in the Second Degree Accessory before the Fact Accessory after the Fact Criminal Defenses Cyberlaw felony (FELen-ee) fruit of the poisonous tree doctrine (DOK-trin) ‘2004 faith exception to the exclusionary rule (exSEP-shun) high treason (hy TREE zu) hot pursuit doctrine (pur-SOOT DOK rin) illegal profiling (E-gul PRO-fybing) incarceration (in-karser-AY-shun) intoxication (insox KAY-shur) insanity (in SAN-itee) mala in se (MAL-ah in seh) mala probibite (MAL ak pro-HIB-‘1a) smens rea (menz RAY.ah) tisdemeanor (misde MEEN-er) penal laws (PEE‘nel) petit treason (PET:ce TREE‘

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