Nolo’s Encyclopedia of Everyday Law Phần 10 pot

Particular Area of the Law A.4 Finding a Specific Law A.8 Finding Answers to Specific Legal Questions A.10 Finding Legal Forms Legal research is how you learn about the law.. Usually, pe

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Particular Area of the Law

A.4 Finding a Specific

Law

A.8 Finding Answers to

Specific Legal Questions A.10 Finding Legal Forms

Legal research is how you learn about the law It is not a skillreserved exclusively for lawyers; you can find the answers to yourlegal questions if you are armed with a little bit of patience and agood road map

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The best legal research method

de-pends on what you need to find out

Usually, people want to research the

law in order to accomplish one of the

following things:

• understand a particular area of the

law

• find and read a statute, regulation,

ordinance, court decision or piece of

pending legislation (usually called a

bill)

• find the answer to a specific legal

question, or

• find a legal form

This appendix explains how to do

legal research in each of these

Many people need to understand an

area of the law before making an

im-portant decision For example, you

might want to know:

• What laws are involved when

selling a business?

• What’s the difference between a

living trust and a living will?

• What effect does divorce have on

pensions earned during marriage?

Questions like these can be

an-swered without regard to your specific

circumstances; they involve a generalunderstanding of the law To find thistype of information about a legaltopic, you should turn to legal back-ground materials

Legal background materials arebooks, articles and encyclopedia en-tries in which experts summarize andexplain the basic principles of a legalsubject area, such as bankruptcy,landlord-tenant law or criminal law.These materials come in many formsand can be found in law libraries or,sometimes, on the Internet

How to Find a Law Library

Most counties have law libraries in the government buildings or courthouses at the county seat These libraries are open

to the public County libraries are a good place to go if you’re looking for your state’s laws.

Law schools also maintain libraries for their students and staff Although public access to some law school libraries is restricted, many are willing to extend help to non-students If you are looking for material from other states or coun- tries, a law school library is the best place to start.

Finally, don’t limit yourself to law libraries Most major public libraries in urban areas contain both local and state laws.

Here are a number of legal ground resources that you may finduseful:

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back-L E G A back-L R E S E A R C H

• Self-Help Law Books. Self-help law

books, such as those published by

Nolo, are written in plain English

for a non-lawyer audience They are

an excellent starting point for

cracking any legal area that is new

to you Law libraries, public

librar-ies and bookstores (including Nolo’s

online bookstore at http://

www.nolo.com) often carry self-help

law books

•Organizations and Advocacy Groups.

Many non-profit and professional

organizations or advocacy groups—

such as tenants’ rights groups, the

American Association of Retired

People (AARP) and local business

groups—publish articles or booklets

on particular legal topics Think

about what groups might have the

information you need and then look

for them in the Yellow Pages or on

the Web

•Legal Encyclopedias.You can often

find a good introduction to your

topic in a legal encyclopedia The

legal encyclopedias most commonly

found in law libraries are American

Jurisprudence and Corpus Juris Many

states have legal encyclopedias that

are state-specific—for example,

Texas Jurisprudence.

•The “Nutshell” Series. Another good

introduction to legal topics is the

“Nutshell” series, as in Torts in a

Nutshell and Intellectual Property in a

Nutshell, published by West Group.

These books are available in most

law libraries

• Treatises.If you have the time andpatience to delve deeply into asubject, you can find comprehensivebooks—generally known as trea-tises—on virtually every legal topic.For example, if you want to knowabout some aspect of trademark law,

you could use McCarthy on marks, a multi-volume treatise on all

Trade-aspects of trademark law

• West’s Legal Desk Reference. Thisbook, by Statsky, Hussey, Diamondand Nakamura, lists backgroundmaterials both by state and legal

topic In addition, West’s Legal Desk Reference provides keywords and

phrases that will help you use theindexes to other resources you mayneed during your research

• Internet Resources.Nolo’s LegalEncyclopedia, available free at http://www.nolo.com, explains manycommon legal issues in plainEnglish The other major legalwebsites (listed below) also providehelpful information and links tospecific areas of the law Finally,many government agency sitesprovide legal information, such asstate marriage license requirements

or downloadable publications ondifferent legal topics For example,

if you visit the Federal Judiciary’swebsite at http://www.uscourts.gov,you can download BankruptcyBasics, a pamphlet providing a goodoverview of bankruptcy To findgovernment agencies online, seeFinding Court and GovernmentAgency Websites, below

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The Best Legal

Websites

In addition to our own website at http://

www.nolo.com, Nolo’s favorite legal

• American Association of Law

Libraries: Legal Research Links

http://www.aallnet.org/research

• The Library of Congress Guide

to Law Online http://loc.gov/law/

guide

• The Legal Information Institute

at Cornell Law School http://

www.law.cornell.edu

Finding a

Specific Law

There are many reasons why you

might need to find a specific statute,

regulation, ordinance or court

deci-sion For example, you might learn

from the newspaper about new state

laws governing overtime wages and

want to read the laws themselves Or

perhaps the city building department

has referred you to a particular city

ordinance that covers zoning laws inyour neighborhood Whatever thereason, the research involved in find-ing a specific law or court decision isrelatively straightforward The stepsdepend on what type of law you seek

City or County Laws

You can usually get copies of city orcounty laws (often called “ordi-nances”) from the office of the city orcounty clerk The main branch of yourpublic library is also likely to have acollected set of these laws Once youget there, ask the reference librarianfor help

Many local ordinances are alsoavailable on the Web The best place

to start is Municipal Codes Online,maintained by the Seattle Public Li-brary at http://www.spl.org/

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L E G A L R E S E A R C H

Finding statutes and regulations

at the library State and federal

stat-utes and regulations can be found at a

law library or the main branch of a

public library Depending on the

state, statutes are compiled in books

called codes, revised statutes,

anno-tated statutes or compiled laws For

example, the federal statutes are

con-tained in a series called United States

Code, and the Vermont statutes are

found in a series called Vermont

Stat-utes Annotated (The term “annotated”

means that the statutes are

accompa-nied by information about their

his-tory and court decisions that have

in-terpreted them.) Once you’ve located

the books you need, search for the

specific statute by its citation (if you

know it) or by looking up keywords

in the index

And after you find a law in the

statute books, it’s important to look

at the update pamphlet in the front or

back of the book (called the “pocket

part”) to make sure your statute hasn’t

been amended or deleted Since

pocket parts are published only once

per year, brand new statutes often

have not yet made it to the pocket

part Law libraries subscribe to

ser-vices and periodicals that update these

books on a more frequent basis than

the pocket parts You can ask the law

librarian to point you toward the

ma-terials you need

Most federal regulations are

pub-lished in the Code of Federal Regulations

(C.F.R.), a well-indexed set of books

organized by subject If you don’t

have a citation for the regulation you

seek, check the index To make sure

the regulation is current, look at themonthly pamphlet that accompanies

the books, called C.F.R.-L.S.A (List

of C.F.R Sections Affected).

State regulations are harder to find

If you know which agency publishesthe regulation you want, call or visit

to get copies Many states also keep aportion of their regulations in a series

of books called the “AdministrativeCode.” Check the table of contents Ifthe regulation is not in an Adminis-trative Code, look for loose-leaf manu-als published by the individualagency If you find a regulation in theAdministrative Code or loose-leafmanual, you should still call theagency to make sure the regulationhasn’t recently changed

Finding statutes and regulations online You can find federal statutes,

the entire Code of Federal Regulations

and most state statutes by visitingNolo’s Legal Research Center athttp://www.nolo.com/research/index.html Your best bet for stateregulations is FindLaw at http://www.findlaw.com FindLaw also of-fers federal statutes and regulations,and state statutes

If you are looking for a brand-newstatute online, you may have to searchfor recently enacted legislation (see be-low), since there is often a delay be-tween the time a statute is passed andthe time it is included in the overallcompilation of laws The good legalwebsites listed earlier in this appendixalso offer state and federal statutes.Almost every state maintains itsown website for pending and recentlyenacted legislation These sites con-

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tain not only the most current version

of a bill, but also its history To find

your state’s website, see Finding

Court and Government Agency

Websites, below Finally, the United

States Congress maintains a website at

http://thomas.loc.gov that contains all

pending federal bills

Using background materials to

find statutes and regulations.

When looking for a particular statute

or regulation (whether it be state or

federal), you may want to consult

background materials, which often

include relevant laws For example,

Collier on Bankruptcy, the leading

bankruptcy treatise, contains a

com-plete set of the federal bankruptcy

laws Even if the background resource

does not include the text of the

stat-utes or regulations, it will provide

citations to the relevant laws and the

books in which they are found

Finding Court and

Government Agency

Websites

Many courts and government agencies

provide statutes and case law, plus other

useful information such as forms, answers

to frequently asked questions and

downloadable pamphlets on various

legal topics To find to your state’s

website, open your browser and type in

http://www.state.<your state’s postal

code>.us Your state’s postal code is the

two-letter abbreviation you use for

mailing addresses For example, NY is

the postal code for New York, so to find New York’s state website, type in http:// www.state.ny.us.

Nolo’s Legal Research Center ( http:// www.nolo.com/research/index.html ) provides links to courts across the country and access to small claims court information for most states You can also find local, state and federal court websites on the National Center for State Courts’ website at http://www.ncsconline.org The federal judiciary’s website at http:// www.uscourts.govlists federal court websites.

State Case Law

State case law consists of the rulesestablished by courts in court deci-sions (or “court opinions”) Courtdecisions do one of two things First,courts interpret statutes, regulationsand ordinances so that we know howthey apply in real-life situations Sec-ond, courts make rules that are notfound in statutes, regulations or ordi-nances These rules are called the

California Reporter You can also find

state cases in books known as gional reporters.” These volumes con-tain cases from several states in a geo-graphical region For example, the

“re-Atlantic Reporter contains cases from

several eastern states, including ware and Maryland

Dela-If you have a case citation, which isthe number of the volume and pagewhere the case appears (for example,

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21 Cal.App.3d 446), you simply

lo-cate the correct series of books (in the

above example, it would be the

Cali-fornia Appellate Reports, 3rd Series),

select the appropriate volume (here

it’s volume 21) and open the book to

the indicated page (in the example,

page 446) If you don’t have a citation

but know the name of one or both of

the parties in the case—for instance,

in the case named Jones v Smith, Jones

and Smith are the names of the

par-ties—you can use a “case digest.”

Look for the parties’ names in the

digest’s Table of Cases If you don’t

know the name of the case or the

cita-tion, then it will be very difficult to

find the case in the law library

Finding state cases on the Web.

If the case is recent (within the last

few years), you may be able to find it

for free on the Internet A good place

to start is FindLaw at http://

www.findlaw.com Also, many state

websites now publish recent cases See

Finding Court and Government

Agency Websites, above, for

informa-tion on how to find your state’s

website

If the case is older, you can still

find it on the Internet, but you will

probably have to pay a private

com-pany for access to its database

VersusLaw at http://

www.versusLaw.com maintains an

ex-cellent library of older state court

cases You can do unlimited research

on VersusLaw for $8.95 per month

You can also get state cases online

through the Lexis and Westlaw

data-bases (For more information, see

Us-ing Westlaw and Lexis to Do Legal

Research on the Web, below.)

Federal Case Law

Federal case law consists of the rulesestablished by federal courts Likestate cases, you can find federal caselaw in both the library and on theWeb

Finding federal cases in the brary. Cases decided by the U.S Su-preme Court are published in threedifferent series of reporters All threecontain the same cases The names ofthese series are:

li-• United States Reports

• Supreme Court Reporter; and

• Supreme Court Reports: Lawyers’ Edition.

Well-stocked law libraries alsohave cases from other federal courts,including the Federal Circuit Courts

of Appeal (federal appellate courts),U.S District Courts (federal trialcourts) and specialized courts such asbankruptcy or tax court

To find a case in the SupremeCourt reporters or any of the volumescontaining other federal cases, followthe guidelines for finding state cases

by citation or case name, above

Finding U.S Supreme Court cases on the Web Nolo’s Legal Re-search Center, available at http://www.nolo.com/research/index.html,provides U.S Supreme Court casesdecided within the last hundred years

Finding other federal cases on the Web. FindLaw, at http://

www.findlaw.com, contains cases cided by the Federal Circuit Courts ofAppeal within the last four or fiveyears, some bankruptcy opinions andvery recent tax court cases TheCornell Law School Legal Information

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Institute at http://www.law.cornell.edu

provides access to all federal appellate

court cases, some District Court cases

and some bankruptcy opinions

VersusLaw (explained above) also has

some U.S District Court cases and

some bankruptcy opinions If you

can’t find the case you’re looking for

on one of these websites, your best bet

is to use Westlaw or Lexis

Using Lexis and

Westlaw to Do Legal

Research on the Web

Lexis and Westlaw are the chief

elec-tronic legal databases which contain the

full text of many of the legal resources

found in law libraries, including almost

all reported cases from state and federal

courts, all federal statutes, the statutes of

most states, federal regulations, law

review articles, commonly used treatises

and practice manuals.

Although Westlaw and Lexis databases

are available over the Internet,

subscrip-tions are pricey However, both offer

some free and some fee-based services to

non-subscribers that are both helpful and

reasonably priced (between $9 and $10

per document) To find out more about

these services, visit Westlaw at http://

www.westlaw.com or Lexis at http://

www.lexis.com.

Finding Answers to Specific Legal Questions

It’s one thing to track down tion on a recent case or statute or toread up on general information about

informa-a leginforma-al topic It’s quite informa-another toconfidently answer a question abouthow the law might apply to your ownsituation, such as:

• I live in North Carolina, and I’vebeen charged with second offensedrunk driving My passenger wasinjured as a result of the accident.What penalties do I face?

• My brother is the executor of ourparents’ estate, and I don’t like howhe’s handling things What can I do?

• Can I run a home school in my state(North Dakota) if I’ve been con-victed of a felony?

These are the types of questionsthat people have traditionally askedlawyers To answer such questions,you often need to look at all the legalresources we have mentioned thus far.You must also make sure that the lawyou find is current If you want to un-dertake this type of legal research onyour own, we recommend that youuse a comprehensive legal researchguide that wallks you through theprocess step-by-step (See the list ofresources at the end of this appendix.)Here, we can provide just a brief over-view of what you’ll need to do

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When seeking the answer to a

spe-cific legal question, your ultimate

goal is to predict, as near as possible,

how a judge would rule if presented

with the issues and facts of your case

The closer your facts are to the facts in

previous cases or the more directly a

statute applies to your situation, the

more likely you’ll be able to predict

what a judge would decide

Some-times, your question is so basic that

the answer is easy to find But often, a

statute won’t address each facet of

your situation and the facts of other

cases won’t match up 100% Because

of this, legal research cannot always

provide a definitive answer, although

it can often give you a good idea of

what the answer will be (That’s why

lawyers often hem and haw when

asked a legal question.)

Basic or Common

Legal Questions

It should be fairly easy to find an

an-swer if your legal question is a

com-mon one—such as “What is the filing

fee for a Chapter 7 bankruptcy?” or

“Can the state garnish my wages if I

fall behind on child support

pay-ments?” These types of questions

usu-ally rely on general legal

informa-tion—rather than the nuances of your

particular circumstances You should

begin your research by consulting one

or more of the background resources

discussed above You might focus on

organizations, advocacy groups or

government agencies that are likely to

have the answer you need For

ex-ample, a local tenants’ rights group

might provide pamphlets with

fre-quently asked questions about tions Or, the Association of AmericanRetired Persons (AARP) may be able

evic-to tell you what the current estate taxrate is You can often find this kind ofinformation online

Complex Legal Questions

If you can’t get an answer to yourlegal question from a backgroundresource—usually because your ques-tion involves unique facts related toyour situation—you’ll need to domore detailed research But don’tforget what the background materialshave taught you Remember thatbackground resources can give you animportant overview of your legal topicand also provide cites to relevant stat-utes and cases

To proceed further, first search forstatutes, regulations or ordinancesthat address your question If you findrelevant statutes, look for cases thathave interpreted them To do this at alaw library, you can:

• look at the summaries of cases thatfollow the statute in an annotatedcode book

• use Shepard’s Citations for Statutes (a

book that provides a complete list ofcases that mention a particularstatute, regulation or constitutionalprovision), and

• search for cases in ”case digests”(books that list cases by subject)

If you can’t find a relevant statute

or other legislative enactment, youneed to look for case law only To dothis at a law library, you can:

• read any relevant cases mentioned inthe background materials

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• search in case digests by subject area

or keywords

• if you find a relevant case, read the

cases that it mentions, and

• if you find a relevant case, use

Shepard’s Citations for Cases to find

more cases on point (Shepard’s

provides a complete list of cases that

mention your case.)

Making Sure the Law

is Up to Date

Because law changes rapidly, you

must make sure that the principles

stated in your cases and statutes are

still valid A case may no longer be

helpful to you if a more recent case

has questioned its reasoning, ruled a

different way or expressly stated that

your case is no longer good law

Like-wise, you should check to make sure

your statute has not been changed or

eliminated

Updating your research in the

library If you are using the law

li-brary, there are a few things you

should do to make sure your research

is up to date

•Background Resources. If you use

back-ground materials, be sure to check the

pocket part; it contains changes and

new developments in the law

•Statutes. Books containing statutes and

regulations also contain pocket parts

Be sure to check these as well Also

check law library periodicals that

contain more recent statutory updates

•Cases. You can check the validity of

every case you find by using

Shepards’ Citations for Cases Shepards’

will list every case that mentions

your case, and tell you the reasons

why it was mentioned For example,

it might show that a later caseoverruled your case, which meansyour case is no longer valid

Updating your research on the Web. On the Internet, the updatingprocess is easier, but often more ex-pensive

• Statutes. If you’re checking a statestatute, visit your state’s website forcurrent legislative developments.(See Finding Court and GovernmentAgency Websites, above.) If youneed federal information, trackCongress’ legislative developmentsthrough Nolo’s website at http://www.nolo.com/research/index.html

or by visiting http://thomas.loc.gov.You can also get the most recentversion of a statute for a fee throughWestlaw or Lexis (See UsingWestlaw and Lexis to Do LegalResearch on the Web, above.)

• Cases.You can check the validity ofcases through fee-based services TryKeyCite at http://www.keycite.com

or VersusLaw at http://

www.versuslaw.com

Finding Legal Forms

If you must take care of a legal ter, chances are good that you’ll need

mat-to use a form of some sort—that is, apre-formatted document that containsstandard (“boilerplate”) language ad-dressing your specific situation.Leases, wills, trusts, sales agreements

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and employment contracts are just a

few examples of the thousands of legal

forms that are used in the course of

our daily personal and business affairs

What Form Do You Need?

Figuring out what form you need is

usually simple—someone will tell

you For example, suppose you are

handling your own divorce and when

you try to file the papers, the clerk

says you are missing a “disclosure”

form If the court can’t give it to you,

you’ll have to find it on your own Or,

suppose you are trying to sell your car

and the buyer says she wants a bill of

sale Again, you’ll have to track one

down

If you haven’t been directed toward

a particular form, but want to

under-take a procedure and suspect that it

requires forms, you should find a

re-source that explains the procedure or

transaction Many of these resources

will provide the necessary forms and

explain how to fill them in

Keep in mind that some forms used

by courts and government agencies are

“mandatory.” This means that you

have to use their form, and not a

simi-lar form that you or someone else has

designed, even if your version contains

the same information If you need a

form for a court or government agency,

it’s wise to ask the clerk whether the

court has a mandatory form

Finding the Form You Need

Fortunately, forms are readily

avail-able from many sources Here are the

best ways to get them

• Stationery Stores. Many large nery stores sell legal forms How-ever, these forms usually don’t comewith legal instructions, so you mayneed some help filling them in

statio-• Self-Help Legal Materials. Self-helplegal materials, including thosepublished by Nolo, are a good place

to find legal forms Because help law materials are written fornon-lawyers, the forms are usuallyaccompanied by detailed instruc-tions in plain English You can findself-help legal materials in book-stores, law libraries and on theInternet

self-• Law Libraries. Most law librarieshave a large collection of books thatcontain forms for almost every legaltransaction imaginable Theyusually contain step-by-step instruc-tions for completing the forms andhighlight areas where the

boilerplate language might not beappropriate

• Government Forms on the Web. Manyfederal, state, county and municipalcourts offer forms on their websites.(See Finding Court and GovernmentAgency Websites, above.) Often,these forms are accompanied byinstructions and an overview of therelevant law Also, FindLaw at http://www.findlaw.com provides lists ofgovernment forms, specific subjectmatter forms, form collections andindexes Many of these forms are notaccompanied by instructions So,unless you already know what youare doing, you may have to searchfor additional information to assistyou in filling them out

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ef

More Information About

Legal Research

Legal Research: How to Find &

Under-stand the Law , by Stephen Elias and

Susan Levinkind (Nolo), is an

easy-to-read book that provides step-by-step

instructions on how to find legal

informa-tion, both in the law library and online It

includes examples, exercises (with

answers) and sample legal memos.

Gilbert’s Law Summaries: Legal

Re-search, Writing and Analysis, by Peter

Honigsberg (Harcourt Brace Legal and

Professional Publications), is a

no-non-sense guide to commonly used law

Nolo’s Legal Research Center provides

links to courts across the country and access

to small claims information in many

states It also contains U.S Supreme Court

cases and federal and state statutes.

http://www.spl.org/

selectedsites/municode.html

Municipal Codes Online, maintained by the Seattle Public Library, provides the text of many local ordinances around the country.

http://www.ncsconline.org

The National Center for State Courts provides links to local, state and federal court websites.

http://findlaw.com

FindLaw’s extensive database allows you

to search for state and federal statutes and cases and provides links to many courts around the country.

i i

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compensa-tion savings program in which

em-ployees invest part of their wages,

sometimes with added employer

con-tributions, to save on taxes Income

taxes on the amounts invested and

earned are not due until the employee

withdraws money from the fund,

usu-ally at retirement

A

AB trust A trust that allows couples

to reduce or avoid estate taxes If

property is held in an AB trust, when

the first spouse dies, his or her half of

the property goes to the beneficiaries

named in the trust with the condition

that the surviving spouse has the

right to use the property for life and is

entitled to any income it generates

This keeps the property out of the

surviving spouse’s estate, reducing the

likelihood that estate tax will be due

when the surviving spouse dies

acquittal A decision by a judge or

jury that a defendant in a criminal

case is not guilty of a crime

adjustable rate mortgage (ARM)

A mortgage loan with an interest ratethat fluctuates in accordance with adesignated market indicator—such asthe weekly average of one-year U.S.Treasury Bills—over the life of theloan

court-supervised distribution of adeceased person’s property

which an adult becomes the legalparent of someone who is not his orher biological child

pays a fixed amount of benefits everyyear for the life of the person who isentitled to those benefits under thepolicy

dissolves a marriage and treats it as if

it never happened

court to modify or reverse the ment of a trial court or intermediatelevel appellate court

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judg-l l l l l l l l l l l l l l l l l l l l l l l l l l l

reviews the decision of a lower court

when a losing party files an appeal

arbitration A procedure for

resolv-ing disputes out of court usresolv-ing one or

more neutral third parties—called the

arbitrator or arbitration panel

which a criminal defendant is

for-mally charged with a crime and asked

to respond by entering a plea, most

commonly guilty, not guilty or “nolo

contendere.”

arrest A situation in which the

po-lice detain someone in a manner that

would lead any reasonable person to

believe that he or she is not free to

leave

by a judge or magistrate that

autho-rizes the police to arrest someone

docu-ment filed with state authorities to

form a corporation

physically harm another person in a

way that makes the person under

at-tack feel immediately threatened

Actual physical contact is not

neces-sary

written power of attorney document to

act on behalf of the person who signs

the document, called the principal

audit An examination of the financial

records of a person, business or

orga-nization, typically undertaken to clean

up careless or improper bookkeeping,

or to verify that proper records arebeing kept Audits are also conducted

by the IRS in order to determinewhether a person or business owestaxes

B

bail The money paid to the court,usually at arraignment or shortlythereafter, to ensure that an arrestedperson who is released from jail willshow up at all required court appear-ances

defen-dant who cannot afford bail The fendant pays a certain portion (usually10%) of the bond as a fee

payment due at the end of a loan,typically a home or car loan, to pay offthe amount your monthly paymentsdidn’t cover

ap-pointed by a bankruptcy court tooversee the case of a person or businessthat has filed for bankruptcy

physi-cal contact with someone with theintention to harm him or her Unin-tentional harmful contact is not bat-tery, no mater how careless the behav-ior or how severe the injury

organiza-tion that is legally entitled to receivebenefits through a legal device, such

as a will, trust or life insurance policy

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G L O S S A R Y

internal affairs or actions of a

corpora-tion

C

slang to describe a corporation whose

profits are taxed separately from its

owners under Subchapter C of the

Internal Revenue Code

capital gains The profit on the sale

of a capital asset, such as stock or real

estate

inter-est that is added to the principal

bal-ance of a loan while you are not

mak-ing payments or when your payments

are insufficient to cover both the

prin-cipal and interest due

case A term that most often refers to

a lawsuit—for example, “I filed my

small claims case.” “Case” also refers

to a written decision by a court

or other device used by an

organiza-tion to vouch for the quality of

prod-ucts and services provided by others

par-ent to support his or her children

un-til the children reach the age of

ma-jority or become

emancipated—usu-ally by marriage, by entry into the

armed forces or by living

indepen-dently

circuit court In many states, the

name used for the principal trial

court In the federal system, the name

for the appellate courts, which areorganized into thirteen circuits

civil case A noncriminal lawsuit inwhich an individual, business or gov-ernment entity sues another to pro-tect, enforce or redress private rights.There are hundreds of varieties of civilcases A few examples include law-suits involving breach of contract,probate, divorce, negligence andcopyright violations

collateral Property that guaranteespayment of a secured debt

by a creditor to collect a debt

other device used by members of agroup or organization to identify thegoods or services it provides

damage waiver.”

component of car insurance that paysfor damages to the insured vehiclethat result from a collision with an-other vehicle or object

that is established by court decisionsand not by statutes, regulations orordinances

used in some states for defining theownership of property acquired andthe responsibility for debts incurredduring marriage In states with com-munity property laws, all earningsduring marriage and all property ac-

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quired with those earnings are

consid-ered community property Likewise,

all debts incurred during marriage are

community property debts

states, a type of marriage in which

couples can become legally married by

living together for a long period of

time, representing themselves as a

married couple and intending to be

married

a judge to oversee the affairs of an

incapacitated person A conservator

may also be called a guardian,

com-mittee or curator

funda-mental laws and principals that lay

down the nature, functions and

limi-tations of a government body The

United States Constitution is the

su-preme law of the United States States

also have constitutions State

constitu-tions can give people more rights than

does the U.S Constitution, but

can-not give people fewer rights than those

found in the U.S Constitution

pay-ing a lawyer for legal representation

by which, instead of an hourly or per

job fee, the lawyer receives a

percent-age of the money his or her client

obtains after settling or winning the

case

cooling-off rule A rule that allows

you to cancel certain contracts within

a specified time period (typically three

days) after signing

pro-vides the owner the right to controlhow a creative work is used

autho-rized by state law that allows a ness to organize as a separate legalentity from its owners, thereby shield-ing them from personal liability frombusiness debts and obligations, andallowing the business to take advan-tage of corporate tax rules

papers that claim that the plaintiff—not the defendant—committed legalwrongs, and that as a result it is thedefendant who is entitled to moneydamages or other relief In somestates, a counterclaim is called a cross-complaint

covenants, conditions & tions (CC&Rs) Restrictions govern-ing the use of real estate, usually en-forced by a homeowners’ associationand passed on to the new owners ofproperty

profit-making company that collects andsells information about a person’scredit history

off a loan if the person who owes themoney dies or becomes disabled

credit history, prepared by a creditbureau

creditor A person or entity (such as abank) to whom a debt is owed

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G L O S S A R Y

crime A type of behavior that has

been defined by the state or federal

government as deserving of

punish-ment The punishment for a crime

may include imprisonment

au-thority to make decisions affecting a

child’s interests (legal custody) and

the responsibility of taking care of the

child (physical custody)

name that reflects the name of a

busi-ness or famous person with the intent

of selling the name back to the

busi-ness or celebrity for a profit

D

based on the value of property left

behind Federal death taxes are called

estate taxes Some states also levy

death taxes, sometimes called

inherit-ance taxes, on people who inherit

property

that can be used to withdraw cash at a

bank like an ATM card, and can be

used at stores to pay for goods and

services in place of a check A debit

card automatically deducts money

from your checking account at the

time of the transaction

debtor A person or entity (such as a

bank) who owes money

away or subtracted Under an

insur-ance policy, for example, the

deduct-ible is the maximum amount that aninsured person must pay toward hisown losses before he can recover fromthe insurer

own-ership of real estate

method of avoiding foreclosure wherethe lender accepts ownership of theproperty in place of the money owed

on the mortgage

default The failure to perform a legalduty For example, a default on amortgage or car loan happens when aborrower fails to make the loan pay-ments on time, fails to maintain ad-equate insurance or violates someother provision of the agreement

a lawsuit is filed In certain states, and

in certain types of lawsuits, the dant is called the respondent

pension plan that pays a definite, determined amount of money whenthe worker retires or becomes dis-abled The amount received is based

pre-on length of service with a particularemployer

of pension plan that does not tee any particular pension amountupon retirement Instead, the em-ployer pays into the pension fund acertain amount every month, or everyyear, for each employee

Social Security benefit available to the

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spouse and minor or disabled children

of a retired or disabled worker who

qualifies for either retirement or

dis-ability benefits under the program’s

rigorous qualification guidelines

new design, used for purely aesthetic

reasons, that does not affect the

func-tioning of the underlying device

deposition A tool used in pretrial

case investigation (called “discovery”)

where one party questions the other

party or a witness in the case All

questions be answered under oath and

be recorded by a court reporter, who

creates a deposition transcript

from Social Security to benefit those

under 65 who qualify because of their

work and earnings record and who

meet the program’s medical

guide-lines defining disability

can be erased by going through

bank-ruptcy

governed by court rules—that is

con-ducted before a trial Discovery allows

one party to question other parties

and sometimes witnesses and to force

others to disclose documents or other

physical evidence

district court In federal court and, in

some states, the name of the main

trial court

divorce in some states

marriage

situa-tion in which a business owner ates a company under a name differentfrom his or her real name

letters and numbers that identifies aspecific website on the Internet, fol-lowed by an identifier such as com or.org

payment made by a buyer when he orshe purchases a major piece of prop-erty, such as a car or house

power of attorney that remains ineffect if the maker becomes incapaci-tated If a power of attorney is notspecifically made durable, it auto-matically expires upon incapacity

durable power of attorney for

gives someone authority to managethe maker’s financial affairs if he orshe becomes incapacitated

durable power of attorney for

names someone to make medical sions if the person who makes thedocument is unable to express his orher wishes for care

deci-E

court-issued order meant to protect aperson from harm or harassment This

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G L O S S A R Y

type of order is a stop-gap measure,

usually lasting only for a weekend or

holiday

deed to real property) or sum of

money that, by agreement of parties

to a transaction, is held by a neutral

third party until certain conditions

are met Once the conditions are met,

the third party releases the funds or

document from escrow

estate Generally, all the property a

person owns when he or she dies

federal government on property as it

passes from the dead to the living

Some states also impose “inheritance

taxes” on the people who inherit the

property

rental property by a law enforcement

officer

infor-mation presented to a judge or jury

designed to convince them of the

truth or falsity of the key facts in a

case Evidence may include testimony

of witnesses, documents, photographs,

items of damaged property,

govern-ment records, videos or laboratory

reports

to handle the property of someone

who has died

property you are allowed to keep if a

creditor wins a lawsuit against you or

if you file for Chapter 7 bankruptcy

made by a seller about the quality ofgoods or services provided An expresswarranty is explicitly stated, eitherorally or in writing

extended warranty contract

Warranty coverage on an item thattakes effect after the warranty cover-age provided by the manufacturer orseller expires

F

United States government with powerderived directly from the U.S Consti-tution Federal courts decide casesinvolving the U.S Constitution, fed-eral law and some cases where theparties are from different states

pun-ishable by a prison term of more thanone year or, in some cases, by death

name under which a business operates

or by which it is commonly known.See also “doing business as.”

loan that has an interest rate that mains constant throughout the life ofthe loan, so that the amount you payeach month remains the same over theentire mortgage term

of house sale in which the owner actsalone, without a real estate broker

from doing something, such as

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assert-l l l l l l l l l l l l l l l l l l l l l l l l l l l

ing a legal right For example, a

credi-tor may forbear on its right to collect

a debt by temporarily postponing or

reducing the borrower’s payments

foreclosure The forced sale of real

estate to pay off a home loan on which

the owner of the property has

de-faulted

G

pro-cess that takes property from a person

to satisfy a debt For example, a

credi-tor may garnish a debcredi-tor’s wages if

the debtor loses a lawsuit filed by the

creditor

that is owned and managed by two or

more people (called partners or

gen-eral partners) who are personally liable

for all business debts

gift taxes Federal taxes assessed on

any gift, or combination of gifts, from

one person to another that exceeds

$10,000 in one year There are some

exceptions to this tax

dur-ing which you are not required to

make payments on a debt

implied promise that the person

transferring the property actually

owns the title and that it is not

en-cumbered in any way, except as

de-scribed in the deed

legally binding promise to either payanother person’s debt or perform an-other person’s duty if that person de-faults or fails to perform

given the legal right by a court tocontrol and care for someone known as

a “ward.” The ward may be either aminor child or an incapacitated adult.The guardian may make personal de-cisions on behalf of the ward (a “per-sonal guardian”), manage the ward’sproperty (a “property guardian” or

“guardian of the estate”), or both

“guard-ian.”

created by a court between a guardianand his ward—either a minor child or

an incapacitated adult The guardianhas a legal right and duty to care forthe ward

H

docu-ment that allows the maker to set outwritten wishes for medical care—and

to name a person to make sure thosewishes are carried out A healthcaredirective may also be called a livingwill, advance directive or directive tophysicians

in a healthcare directive or durablepower of attorney for healthcare tomake medical decisions for the personwho signed the document, called the

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G L O S S A R Y

principal A healthcare proxy may also

be known as an attorney-in-fact, agent

or patient advocate

completely handwritten, dated and

signed by the person making it

Holo-graphic wills are generally not

wit-nessed

that covers a major housing system—

for example, plumbing or electrical

wiring—for a set period of time from

the date a house is sold The warranty

guarantees repairs to the covered

sys-tem and is renewable

organization of neighbors concerned

with managing the common areas of a

subdivision or condominium complex

The homeowners’ association is also

responsible for enforcing any

cov-enants, conditions and restrictions

that apply to the property

final decision, resulting in a mistrial

I

about the quality of goods or services

purchased An implied warranty is

not written down or explicitly

spo-ken, but is provided to consumers by

law

implied warranty that applies when

you buy an item for a specific

pur-pose If you notify the seller of your

specific needs, this warranty tees that the item will function tomeet those needs

guaran-implied warranty of habitability

A legal doctrine that requires lords to offer and maintain livablepremises for their tenants

land-implied warranty of

new item will work for its specifiedpurpose

self-employed person, as defined by theIRS The key to the definition is that,unlike employees, independent con-tractors retain control over how they

do their work The person or companypaying the independent contractorcontrols only the outcome—the prod-uct or service

individual retirement account (IRA) A savings or brokerage account

to which a person may contribute up

to a specified amount of earned come each year There are severaltypes of IRAs The most common aretraditional contributory IRAs andRoth IRAs With a traditional con-tributory IRA, contributions and in-terest earned are not taxed until theparticipant withdraws funds at retire-ment With Roth IRAs, contributionsare taxed, but most distributions (in-vestment returns and withdrawals atretirement) are not

in-infraction A minor violation of thelaw that is punishable only by afine—for example, a traffic or parkingticket

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infringement (of copyright,

viola-tion of a patent, copyright or

trade-mark owner’s rights Usually, this

occurs when someone uses or benefits

from a patented or copyrighted work

or a trademark or servicemark,

with-out the owner’s permission

some states on people who inherit

property (compare with “estate

taxes”) Sometimes referred to as

“death taxes.”

that one party to a lawsuit asks an

opposing party Interrogatories are

designed to discover key facts about

an opponent’s case, and are a common

part of pretrial case investigation

bor-rower pays to a bank or other creditor

for lending the borrower money or

extending credit An interest rate

represents the annual percentage that

is added to the balance of a loan or

credit line This means that if your

loan has an interest rate of 8%, the

creditor adds 8% to the balance each

year

by which property is distributed when

a person dies without a valid will

Usually, the property is distributed to

the closest surviving relatives

trust Once the trust is created, it

cannot be revoked, amended or

changed in any way

J

which parents who do not live gether share the upbringing of achild Joint custody can be joint legalcustody (in which both parents have asay in decisions affecting the child)joint physical custody (in which thechild spends a significant amount oftime with both parents) or both

people to share ownership of real tate or other property When property

es-is held in joint tenancy and one ownerdies, the other owners automaticallyreceive the deceased owner’s share

re-solving the key questions in a lawsuitand determining the rights and obli-gations of the opposing parties

describe a person from whom nothingcan be collected because he or she haslittle income and no property, or isprotected from collection of the judg-ment by law—for example, a law pre-venting the collection of exemptproperty

jury A group of people selected toapply the law, as stated by a judge, tothe facts of a case and render a deci-sion, called the verdict

by a jury to acquit a defendant whohas violated a law that the jury be-lieves is unjust or wrong

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G L O S S A R Y

L

es-tate, such as a house, apartment

building or land, that is leased or

rented to another person, called the

tenant

between two people concerning the

use by one of the property of the

other A person can lease either real

estate (such as an apartment or

busi-ness property) or personal property

(such as a car or a boat)

obliga-tion to make decisions about a child’s

upbringing, including schooling and

medical care Compare “physical

cus-tody.”

govern-ment that has the responsibility and

power to make laws A state

legisla-ture makes state laws and the federal

legislature (the U.S Congress) makes

federal laws

trouble soon after you buy it

liability (1) The state of being

li-able—that is, legally responsible for

an act or omission (2) Something for

which a person is liable For example,

a debt is often called a liability

provides compensation to third

par-ties who are injured or whose property

is damaged due to the fault of the

insurance policyholder

license (of invention, copyright

written permission to use an tion, creative work or trademark

inven-lien The right of a secured creditor totake a specific item of property if theborrower doesn’t pay a debt

life estate A property interest thatprovides the right to live in or use,but not own, a specific piece of realestate until death

which an insurance company agrees topay money to a designated beneficiaryupon the death of the policyholder Inexchange, the policyholder pays aregularly scheduled fee, known as theinsurance premiums

amount a business owner can lose ifthe business is subject to debts, claims

or other liabilities One of the primaryadvantages of forming a corporation

or limited liability company (LLC) isthat the business owners stand to loseonly the amount of money invested inthe business—creditors can’t comeafter an owner’s personal assets

business ownership structure thatoffers limited personal liability forbusiness obligations and a choice ofhow the business will be taxed: either

as a separate entity or as a ship-like structure in which profitsare taxed on the owners’ personal in-come tax returns

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