Gale Encyclopedia Of American Law 3Rd Edition Volume 1 P2

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Gale Encyclopedia of American Law Volume 1 P2 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more.

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  1. 1 k 3 How to Use This Book 1 2 3 2 4 5 6 7 8 9 10 4 11 12 13 XIII
  2. XIV H O W T O U S E T H I S BO O K 5 6 7 8 12 9 13 10 11 G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
  3. Contributors Editorial Reviewers Sharon Fischlowitz Sandra M. Olson Patricia B. Brecht Jonathan Flanders Anne Larsen Olstad Matthew C. Cordon Lisa Florey William Ostrem Frederick K. Grittner Robert A. Frame Lauren Pacelli Halle Butler Hara John E. Gisselquist Randolph C. Park Scott D. Slick Russell L. Gray III Gary Peter Frederick K. Grittner Michele A. Potts Contributing Authors Victoria L. Handler Reinhard Priester Richard Abowitz Halle Butler Hara Christy Rain Paul Bard Lauri R. Harding Brian Roberts Joanne Bergum Heidi L. Headlee Debra J. Rosenthal Michael Bernard James Heidberg Mary Lahr Schier Gregory A. Borchard Clifford P. Hooker Mary Scarbrough Susan Buie Marianne Ashley Jerpbak Stephanie Schmitt James Cahoy David R. Johnstone Theresa L. Schulz Terry Carter Andrew Kass John Scobey Stacey Chamberlin Margaret Anderson Kelliher Kelle Sisung Sally Chatelaine Christopher J. Kennedy James Slavicek Joanne Smestad Claussen Anne E. Kevlin Scott D. Slick Matthew C. Cordon John K. Krol David Strom Richard J. Cretan Lauren Kushkin Linda Tashbook Lynne Crist Ann T. Laughlin Wendy Tien Paul D. Daggett Laura Ledsworth-Wang M. Uri Toch Susan L. Dalhed Linda Lincoln Douglas Tueting Lisa M. DelFiacco Theresa J. Lippert Richard F. Tyson Suzanne Paul Dell’Oro Gregory Luce Christine Ver Ploeg Heidi Denler David Luiken George E. Warner Dan DeVoe Frances T. Lynch Anne Welsbacher Joanne Engelking Jennifer Marsh Eric P. Wind Mark D. Engsberg George A. Milite Lindy T. Yokanovich Karl Finley Melodie Monahan XV
  4. A A FORTIORI general principles to discover what particular facts [Latin, With stronger reason.] This phrase is used or real-life observations can be derived from them. in logic to denote an argument to the effect that Another name for this method is deductive because one ascertained fact exists, therefore reasoning. another which is included in it or analogous to it and is less improbable, unusual, or surprising AB INITIO must also exist. [Latin, From the beginning; from the first act; from the inception.] An agreement is said to be A MENSA ET THORO “void ab initio” if it has at no time had any legal [Latin, From table and bed, but more commonly validity. A party may be said to be a trespasser, an translated as “from bed and board.”] This phrase estate said to be good, an agreement or deed said designates a DIVORCE which is really akin to a to be void, or a marriage or act said to be SEPARATION granted by a court whereby a unlawful, ab initio. Contrasted in this sense with HUSBAND AND WIFE are not legally obligated to live ex post facto, or with postea. together, but their MARRIAGE has not been The illegality of the conduct or the revela- dissolved. Neither spouse has the right to remarry tion of the real facts makes the entire situation where there is a divorce a mensa et thoro; only illegal ab initio (from the beginning), not just parties who have been awarded a divorce a from the time the wrongful behavior occurs. A vinculo matrimonii, the more common type of person who enters property under the authority divorce, can do so. of law but who then by misconduct abuses his or her right to be on the property is considered a trespasser ab initio. If a sheriff enters property A POSTERIORI under the authority of a court order requiring [Latin, From the effect to the cause.] A posteriori him to seize a valuable painting, but instead he describes a method of reasoning from given, takes an expensive marble sculpture, he would express observations or experiments to reach and be a trespasser from the beginning. Because the formulate general principles from them. This is officer abused his authority, a court would also called inductive reasoning. presume that he intended from the outset to use that authority as a cloak from under which to A PRIORI enter the property for a wrongful purpose. This [Latin, From the cause to the effect.] This phrase theory, used to correct abuses by public officers, refers to a type of reasoning that examines given has largely fallen into disuse. 1
  5. 2 ABANDONMENT ABANDONMENT to that effect or it may be implied from the The surrender, relinquishment, disclaimer, or circumstances surrounding the owner’s treatment cession of property or of rights. Voluntary of the property, such as leaving it unguarded relinquishment of all right, title, claim, and in a place easily accessible to the public. The possession, with the intention of not reclaiming it. passage of time, although not an element of In the case of children, abandonment is the willful abandonment, may illustrate a person’s intention forsaking or forgoing of parental duties. Desertion as a to abandon his or her property. legal concept, is similar in this respect, although broader in scope, covering both real and constructive Parental Abandonment of Children situations; abandonment is generally seen as involv- Parental abandonment of children is different ing a specific and tangible forsaking or forgoing. from other cases of abandonment in that it involves a person rather than property. Aban- Property That Can Be Abandoned donment of children is a criminal CAUSE OF Various types of personal property—such as ACTION under most state laws. In the civil personal and household items—contracts, copy- context, it arises when a court decides to rights, inventions, and PATENTS can be aban- terminate the natural rights of the parent on doned. Certain rights and interests in real the grounds of abandonment to allow ADOPTION. property, such as easements and leases, may also In a criminal context, abandonment of be abandoned. Suppose a ranch owner, for children is defined as actually abandoning a example, gives a shepherd an easement to use a child, or failing to provide necessities of living path on her property so that the sheep can get to to a child. In California, for example, a parent is a watering hole. The shepherd later sells his flock guilty of abandonment if they fail to provide and moves out of the state, never intending “necessary clothing, food, shelter or medical to return. This conduct demonstrates that attendance, or other remedial care for their the shepherd has abandoned the easement, because child.” A parent is required to accept their minor he stopped using the path and intends never to child into their home, or provide alternative use it again. Ownership of real property cannot shelter. Parents in California are also punished be obtained because someone else abandoned it for “desertion with intent to abandon.” These but may be gained through ADVERSE POSSESSION. laws are typical of most states. Elements of Abandonment In the late 1990s the issue of baby abandon- ment in the United States came to a head as a Two things must occur for property to be result of several high profile cases. These cases abandoned: (1) an act by the owner that clearly prompted 38 states to pass so-called “safe haven shows that he or she has given up rights to the laws.” The laws decriminalize baby abandonment property; and (2) an intention that demon- by allowing mothers to leave their unharmed strates that the owner has knowingly relin- babies at a designated “safe.” location such as a quished control over it. hospital, fire station, or licensed child-placing Some clear action must be taken to indicate agency. The laws include a time frame, beginning that the owner no longer wants his or her from the baby’s birth, in which abandonment property. Any act is sufficient as long as the may take place; the time frame varies from state to property is left free and open to anyone who state, ranging from 72 hours up to one year. comes along to claim it. Inaction—that is, In a civil context, abandonment of a child is failure to do something with the property or usually ruled on by a court to facilitate an nonuse of it—is not enough to demonstrate adoption. State Courts employ various guide- that the owner has relinquished rights to the lines to determine if a child has been aban- property, even if such nonuse has gone on for a doned. In an action for adoption on the ground number of years. A farmer’s failure to cultivate of abandonment, the PETITIONER generally must his or her land or a quarry owner’s failure to establish conduct by the child’s natural parent take stone from his or her quarry, for example, or parents that shows neglect or disregard of does not mean that either person has aban- parental duties, obligations, or responsibilities. doned interest in the property. They must also show an intent by the child’s A person’s intention to abandon his or her parent or parents to permanently avoid parental property may be established by express language duties, obligations, or responsibilities. Some G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
  6. A B A T E M E N T O F AN AC T I O N 3 jurisdictions require an actual intention of the errors in his or her PLEADING. If the plaintiff still parents to relinquish their rights to find is unable to ALLEGE the facts necessary to state a abandonment, but most allow a finding of legal CAUSE OF ACTION, then the action is abandonment regardless of whether the parents terminated. intended to extinguish their rights to the child. Not every possible reason for dissatisfaction with another person can be heard by a court. FURTHER READINGS When the old COMMON LAW form of action Brunette, Stephen A. 2001. Cause of Action for Adoption governed the procedure followed by courts (as without Consent of Parent on Ground of Abandonment. Causes of Action Series, 1st ser. Eagan, MN: West. opposed to state and federal rules of procedure, Magnusen, Debbie. 2001–02. “From Dumpster to Delivery which now do), only legal wrongs that fit Room: Does Legalizing Baby Abandonment Really exactly into one of the allowed categories could Solve the Problem?” Journal of Juvenile Law 22. be pleaded in court. If the DEFENDANT believed Vassilian, Karen. 2000–2001. “A Band-Aid or a Solution? that the plaintiff’s complaint did not fit one of Child Abandonment Laws in California.” McGeorge Law Review 32. these forms, the defendant could respond with a PLEA IN ABATEMENT. A PLEA in abatement was CROSS REFERENCE called a DILATORY PLEA because it delayed the time Desertion. when the court would reach the merits of the plaintiff’s CLAIM, if ever. The rigid formality of common law plead- ABATEMENT ing became less satisfactory as legal disputes A reduction, a decrease, or a diminution. The became more complicated. It has been replaced suspension or cessation, in whole or in part, of a in each state by a procedure that allows the continuing charge, such as rent. plaintiff to plead facts showing his or her right With respect to estates, an abatement is a to legal relief. Modern systems of pleading proportional diminution or reduction of the retain a right for the defendant to seek monetary legacies, a disposition of property by abatement of the action when the plaintiff is will, when the funds or assets out of which such not entitled to be in court. They allow a legacies are payable are insufficient to pay them defendant to object to the court’s jurisdiction, in full. The intention of the TESTATOR, when the venue of the trial, the sufficiency of expressed in the will, governs the order in which process, or of the SERVICE OF PROCESS, the legal property will abate. Where the will is silent, sufficiency of the plaintiff’s claim, or the failure abatement occurs in the following order: to include someone who must be a party. A INTESTATE property, gifts that pass by the plea in abatement is made either in the RESIDUARY CLAUSE in the will, general legacies, defendant’s answer or by MOTION and order— and specific legacies. that is, an application to the court for relief and In the context of TAXATION, an abatement is a an order that can grant it. Abatement is usually decrease in the amount of tax imposed. granted in the form of a dismissal of cause of Abatement of taxes relieves property of its share action, and now the term dismissal is used of the burdens of taxation after the ASSESSMENT more often than the term abatement for this has been made and the LEVY of the tax has been procedure. accomplished. In the early twenty-first century, the word abatement is most often used for the termina- CROSS REFERENCES tion of a lawsuit because of the death of a party. Taxation; Will. Under the common law, a lawsuit abated automatically whenever a party died. This rule was considered a part of the substance of the ABATEMENT OF AN ACTION law involved and was not merely a question of An entire overthrow or destruction of a suit so that procedure. Whether the cause of action abated it is quashed and ended. depended on whether or not the lawsuit was The purpose of ABATEMENT is to save the time considered personal to the parties. For example, and expense of a trial when the plaintiff’s suit contract and property cases were thought to cannot be maintained in the form originally involve issues separate from the parties them- presented. After an action abates, the PLAINTIFF is selves. They were not personal and did not ordinarily given an opportunity to correct necessarily abate on the death of a party. G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
  7. 4 ABB OTT, BENJAMIN VA UGHN PERSONAL INJURY cases were considered personal, series of which has been renamed West’s New however, and did abate at death. These included York Digest 4th. claims not only for physical ASSAULT or negligent In 1864 Abbott became secretary of the New injuries inflicted on the body, but also for other York Code Commission and was instrumental injuries to the person—such as libel, slander, in the formulation of the New York PENAL Code, and MALICIOUS PROSECUTION. much of which is still in use. There are statutes that permit the REVIVAL OF From 1870 to 1872 he served as a commis- AN ACTION that was pending when a party died. sioner to amend the statutes of the United States. An executor or administrator is substituted for Abbott died February 17, 1890, in Brooklyn, the deceased party and the lawsuit continues. A New York. lawsuit may not be revived unless the underly- ing cause of action, the ground for the suit, As an author, Abbott wrote several publica- continues to have a legal existence after the tions, including Judge and Jury (1880); The party’s death. Revival statutes vary from state to Travelling Law School (1884); and Addison on state, but today most lawsuits do not abate. Contracts (1888). This general rule does not apply to matrimo- nial actions. A lawsuit for DIVORCE or SEPARATION ABDICATION is considered entirely personal and therefore Renunciation of the privileges and prerogatives of cannot be maintained after the death of a party. an office. The act of a sovereign in renouncing and Different states do make exceptions to this rule relinquishing his or her government or throne, so in order to settle certain questions of property that either the throne is left entirely vacant, or is ownership. An action for the ANNULMENT of a filled by a successor appointed or elected before- MARRIAGE after the death of an innocent spouse hand. Also, where a magistrate or person in office may be revived by the deceased spouse’s PERSONAL voluntarily renounces or gives it up before the time REPRESENTATIVE if it is clear that the marriage was of service has expired. It differs from resignation, in induced by FRAUD and the PERPETRATOR of the that resignation is made by one who has received an fraud would inherit property to which he or she office from another and restores it into that person’s would otherwise not be entitled. hands, as an inferior into the hands of a superior; abdication is the relinquishment of an office that v ABBOTT, BENJAMIN VAUGHN has devolved by act of law. It is said to be a Benjamin Vaughn Abbott was born June 4, renunciation, quitting, and relinquishing, so as to 1830, in Boston, Massachusetts. He graduated have nothing further to do with a thing, or the from New York University in 1850 and was doing of such actions as are inconsistent with the admitted to the New York bar in 1852. holding of it. Voluntary and permanent withdraw- From 1855 to 1870 Abbott, in collaboration al from power by a public official or monarch. with his brother Austin, wrote a series of law The difference between abdicating a posi- treatises and reports, including Digest of New tion and resigning one lies primarily in the York Statutes and Reports (1860). The series led irrevocability of abdication. Once an office or to Abbott’s New York Digest, the most recent throne is abdicated, a return is not legally Benjamin Vaughn Abbott 1830–1890 1864 Became secretary of NY Code Commission, helped formulate penal code 1860 Published Digest of New York Statutes and 1888 Published Reports (with brother Austin) 1870–72 Served as 1880 Addison on Contracts 1830 Born, commissioner to Published Boston, 1850 Graduated from New 1852 Admitted to amend United States Judge and Mass. York University New York bar statutes Jury 1890 Died ❖ ◆ ◆ ◆ ◆ ◆ ◆ ❖ ▼ ▼ ▼ 1825 1850 1875 1900 1861–65 U.S. Civil War G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
  8. ABERNATHY, RALPH DAVID 5 possible. Unlike resignation, abdication is not a The abdication matter of the relinquishment of a position to an document signed on December 10, 1936, employer or a superior. Instead, it is the ABSOLUTE by King Edward VIII and final RENUNCIATION of an office created and his brothers, specifically by an act of law. After an abdication, Albert, Henry, and the office remains vacant until a successor is George. named by appointment or election. AP IMAGES An early example of royal abdication occurred in 305 A.D., when the Roman emperor Diocletian withdrew from power after suffering a serious illness. Another sovereign, King Louis Philippe of France (the Citizen King), abdicated on February 24, 1848, because of public hostility toward the monarchy. Perhaps the most famous abdication of power occurred on December 11, 1936, when England’s King Edward VIII (1894–1972) re- nounced his throne in order to marry Wallis Warfield Simpson (1896–1986). Simpson was a twice-divorced socialite whose rocky MARITAL history and American citizenship made her an unacceptable choice as wife of the British monarch. The affair between Edward and Simpson created an international scandal because it began well before her second DIVORCE was finalized. Edward’s ministers pleaded with him to sever his relationship with the woman, whom his FURTHER READINGS mother, Queen Mary, dismissed as “the American Thornton, Michael. 1985. Royal Feud: The Dark Side of the adventuress.” Edward could not remain king and Love Story of the Century. New York: Simon & Schuster. head of the Church of England if he married Warwick, Christopher. 1985. Abdication. London: Sidgwick & Jackson. Simpson, because of the church’s opposition to Williams, Douglas R. 2000. “Congressional Abdication, divorce. Unhappy with many of his royal duties Legal Theory, and Deliberative Democracy.” Saint Louis and transfixed by Simpson, Edward chose to Univ. Public Law Review 19 (summer). renounce the monarchy and marry her. On December 11, 1936, Edward announced ABDUCTION his decision at Fort Belvidere, his private estate The act of restraining another through the use or six miles from Windsor Castle. There he signed threat of deadly force or through fraudulent an instrument of abdication and conducted a persuasion. The requisite restraint generally farewell radio broadcast in which he told his requires that the abductor intend to prevent the subjects that he relinquished the throne for “the liberation of the abductee. Some states require that woman I love.” The 42-year-old royal, who had the abductee be a minor or that the abductor ascended the throne on January 20, 1936, upon intend to subject the abductee to prostitution or the death of his father, King George V, was illicit sexual activity. succeeded by his younger brother, the duke of York, who became King George VI, father of CROSS REFERENCE Queen Elizabeth II. Kidnapping. Edward and Simpson were married in Paris on June 3, 1937. Afterward, the former sover- eign and his wife were addressed as the duke v ABERNATHY, RALPH DAVID and duchess of Windsor. Except for a period In the long battle for CIVIL RIGHTS, few leaders during WORLD WAR II spent in colonial Bahamas, have had as an important a role as Ralph David the couple resided in royal exile in Paris for Abernathy. From the late 1950s until 1968, most of their nearly 35-year MARRIAGE. Abernathy was the right-hand man of MARTIN G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
  9. 6 ABERNATHY, RALPH DAVID Ralph Abernathy. His family members were successful farmers, and BETTMANN/CORBIS. his father’s leadership in the county’s black community inspired him. Upon graduating from Linden Academy, he served in the army in WORLD WAR II. He was ordained as a Baptist minister in 1948. He earned a B.A. in mathematics from Alabama State College in 1950, an M.A. in sociology from Atlanta University in 1951, and later a law degree from Allen University in 1960. The defining moment in Abernathy’s life was meeting King. As a student in Atlanta, he had heard King preach in church. From there, they began a friendship that would shape both men’s futures. In 1955, while both were pastors in Montgomery, Alabama, they began the first of many local protest actions against racial DISCRIM- INATION. They organized a BOYCOTT of city buses by black passengers that led to the successful desegregation of local bus lines one year later. To build on this triumph, the pastors called a meeting of black leaders from ten southern states in January 1957 at an Atlanta church. This meeting marked the founding of the SCLC, which LUTHER KING Jr. Together in 1957 they founded was devoted to the goal of furthering civil rights the SOUTHERN CHRISTIAN LEADERSHIP CONFERENCE throughout the south. King was appointed the (SCLC), the organization chiefly responsible for group’s president, Abernathy its secretary-trea- the nonviolent PROTEST movement whose gains surer. The civil rights movement had begun. over the next decade included major legal and Although the SCLC had committed itself to social reforms for black Americans. Abernathy nonviolent protest, the forces they opposed often shared a place next to King in meetings, were far from gun-shy. Segregationists bombed marches, and jail, yet despite his considerable Abernathy’s home and church. As opposition contributions to the CIVIL RIGHTS MOVEMENT, from individuals as well as government and law he labored largely in King’s shadow. Later enforcement mounted, Abernathy continued to I DON’T KNOW WHAT becoming SCLC president, he watched the stress nonviolence. He said, “violence is the THE FUTURE MAY transformation of the movement as his influence weapon of the weak and nonviolence is the HOLD, BUT I KNOW weakened and his politics changed, until contro- weapon of the strong. It’s the job of the state WHO HOLDS THE versy ultimately divided him from its mainstream. troopers to use mace on us. It’s our job to keep FUTURE. Born on March 11, 1926, in Marengo County, marching. It’s their job to put us in jail. It’s our —RALPH ABERNATHY Alabama, Abernathy was the grandson of a slave. job to be in jail.” Ralph David Abernathy 1926–1990 1960 Earned law degree 1948 from Allen University 1968 1977 Forced from 1926 Born in Ordained Became leadership of SCLC 1989 Marengo Baptist 1957 Helped SCLC amid a feud with Memoir 1990 Died, County, Ala. minister found SCLC president Coretta Scott King published Atlanta, Ga. ❖ ◆ ◆◆ ◆ ◆ ◆❖ ▼ ▼ 1925 1950 1975 2000 ◆ 1939–45 1955–56 1968 Martin Luther World War II Montgomery King Jr. assassinated Bus Boycott G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
  10. ABEYANCE 7 For nearly a decade, this philosophy was a wrongful purpose, and encouragement, promotion clarion call answered by thousands. Through sit- or counsel of another in the commission of the down strikes, marches, arrests and jailings, and criminal offense. frequently at great personal danger, King and A French word, abeter—to bait or excite an Abernathy led a mass of nonviolent protesters animal. across the south, working together to devise For example, the manager of a jewelry store strategy and put it into action. The enactment of fails to turn on the store’s silent alarm on the federal civil rights LEGISLATION in 1964 marked a night she knows her cousin plans to rob the major success. But tragedy followed with King’s store. Her conduct is that of abetting the ROBBERY. ASSASSINATION in May 1968, after which Abernathy If, however, she merely forgot to turn on the replaced him as SCLC president. He now added a alarm, she would not have abetted the crime. new aggressiveness to the group’s goals, notably organizing a week-long occupation of Potomac The word abet is most commonly used as Park in Washington, D.C., by five thousand part of the comprehensive phrase AID AND ABET. impoverished tent-dwellers in what was called the Poor People’s Campaign. This effort to dramatize ABETTOR poverty was quickly crushed by federal law One who commands, advises, instigates, or enforcement. encourages another to commit a crime. A person By the end of the 1960s, Abernathy’s who, being present, incites another to commit a influence was in decline. The civil rights crime, and thus becomes a principal. To be an movement had splintered as younger, more abettor, the accused must have instigated or militant members gravitated toward groups advised the commission of a crime or been present such as the Black Panthers and the Committee for the purpose of assisting in its commission; he or on Racial Equality (CORE). In 1977 Abernathy she must share criminal intent with which the was forced from leadership of the SCLC amid a crime was committed. feud with King’s widow, Coretta Scott King, and A person who lends a friend a car for use in made an unsuccessful bid for Congress. In a ROBBERY is an abettor even though he or she is 1980, he supported the presidential campaign of not present when the robbery takes place. An conservative Republican RONALD REAGAN, which abettor is not the chief actor, the principal, in further divided him from former friends and the commission of a crime but must share the associates. References to Martin Luther King Jr.’s principal’s criminal intent in order to be MARITAL infidelities in Abernathy’s 1989 memoir prosecuted for the same crime. And the Walls Came Tumbling Down provoked more criticism. Politically and personally isolat- ed, Abernathy died one year later of a heart attack ABEYANCE on April 17, 1990, at the age of 64. In death, A lapse in succession during which there is no person however, the criticism faded and was replaced by in whom title is vested. In the law of estates, the praise for his contributions to civil rights. condition of a freehold when there is no person in whom it is vested. In such cases the freehold has been CROSS REFERENCES said to be in nubibus (in the clouds), in pendenti Civil Rights Movement; King, Martin Luther, Jr.; Southern (in suspension); and in gremio legis (in the bosom Christian Leadership Conference. of the law). Where there is a tenant of the freehold, the remainder or reversion in fee may exist for a time without any particular owner, in which case it is said ABET to be in abeyance. A condition of being undeter- To encourage or incite another to commit a crime. mined or in state of suspension or inactivity. In This word is usually applied to aiding in the regard to sales to third parties of property acquired commission of a crime. To abet another to commit by county at tax sale, being held in abeyance means a murder is to command, procure, counsel, that certain rights or conditions are in expectancy. encourage, induce, or assist. To facilitate the For example, until an order of FORECLOSURE is commission of a crime, promote its accomplish- granted by a court, a mortgagee does not have title ment, or help in advancing or bringing it about. to the property of a delinquent debtor that is the In relation to charge of aiding and abetting, subject of a MORTGAGE in those jurisdictions that term includes knowledge of the perpetrator's follow the LIEN theory of mortgages. G A L E E N C Y C L O P E D I A O F A M E R I C A N L A W , 3 R D E D I T I O N
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