foreign commerce. The act was opposed by the Federalists and the New England states, who wanted to encourage trade with the British. They feared that the Embargo Act would stifle New England’s economy. Adams voted for the Embargo Act, against the wishes of his party and region, believing that it benefited the nation as a whole. Adams paid the price for breaking with his party. Federalist leaders in Massachusetts—who felt that Adams had betrayed them—elected another man to the Senate several months before the 1808 elections. Adams resigned, and later that year, in a move indicative of his political independence, attended a Democratic- Republican congressional caucus meeting, where JAMES M ADISON was nominated for presi- dent, thus allying himself with that party. Adams attempted to retire from public life and devote himself to a teaching position at Harvard College, but the lure of public service was too strong. In 1809 President Madison persuaded him to accept an appointment as minister to Russia. In 1814 and 1815 Adams played a key role in the negotiations resulting in the Treaty of Ghent, with the British, ending the WAR OF 1812. The negotiations helped Adams gain respect as a diplomat. In 1817 President JAMES MONROE called Adams back to the United States to serve as his SECRETARY OF STATE. Adams’s most important achievement in this office was the development of the MONROE DOCTRINE. It was Adams who made the first declaration of that policy in July 1823, several months before Monroe formally announced it in his annua l message to Con- gress, on December 2, 1823. At that time, the United States feared that Russia intended to establish colonies in Alaska and, more important, that the continental European states would intervene in Central and South America to help Spain recover its former colonies, which had won their independence in a series of wars in the early nineteenth century. Adams believed that the Americas were no longer subject to any European colonial establishment and that they should make their own f oreign policies. The Monroe Doctrine set forth three basic policy statements aimed at protecting the Western Hemisphere from Euro- pean intervention: North and South America were closed to further European colonization; the United States would not intervene in wars in Europe and would not interfere with European colonies and dependencies in the Americas; and the United States would regard any intervention by a European power in the independent states of the Western Hemisphere as the manifestation of an unfriendly disposition toward the United States. Adams served as secretary of state for the entire eight years under President Monroe. When the presidential election of 1824 came around, Adams was considered a favorite; after all, the previous two presidents, Madison and Monroe, had also served as secretaries of state. But 1824 was no normal year for politics in the United States. All four candidates were mem- bers of the same political part y, the DEMOCRATIC- REPUBLICAN PARTY, and party affiliation had given way to sectionalism. Secretary of the Treasury William Harris Crawford, of Georgia, who had recently suffered a paralytic stroke, was nominat- ed by a congressional caucus. The Tennessee legislature nominated ANDREW JACKSON, and the Kentucky legislature nominated HENRY CLAY. Adams was nominated by an eastern faction of the party in Boston. On Tuesday, November 9, 1824, voters went to the polls and cast 153,544 votes for Jackson, 108,740 for Adams, 46,618 for Clay, and 47,136 for Crawford. (Figures from Kane, Facts about the Presidents; figures in other sources differ.) The electoral vote results were as follows: Jackson, 99; Adams, 84; Crawford, 41; and Clay, 37. As no candidate received a majority of the electoral votes, the House of Representa- tives was called upon to choose the president, as set forth under Article II, Section 1, Clause 3, of the Constitution. After Clay gave his support to Adams, the House elected Adams the sixth president in February 1825. For one who had led so accomplished a life, Adams must have viewed his presidency as a failure. He got off to a rocky start when Jackson’s supporters in Congress decried what they called a corrupt bargain between Adams and Clay. Only days after the House selected Adams president, Clay was offered the office of secretary of state, which he accepted. This deal split the Democratic-Republican Party, and Adams’s group became known as the National Republicans. Jackson’s group fought with Adams for the next four years. Adams threw all his energies into the presidency. In his inaugural address, he called for an ambitious program of national improve- ments including the construction of highways, TO FURNISH THE MEANS OF ACQUIRING KNOWLEDGE IS THE GREATEST BENEFIT THAT CAN BE CONFERRED UPON MANKIND . —JOHN QUINCY ADAMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 88 ADAMS, JOHN QUINCY canals, weather stations, and a national univer- sity. He urged Congress to use the powers of government for the benefit of all people. Congress disagreed. Many of the programs advocated by Adams were not realized until after his death. Despite his best efforts, Adams felt worn down by the burdens and demands of the presidency. His personal reserve, austerity, and coolness of manner prevented him from appeal- ing to the imagination and affections of the people. He had not even tried to defend himself against the attacks of Jackson and his followers, feeling that it was below the dignity of the president to engage in political debate. Through- out Adams’s presidency, Jackson gained in popularity, so much so that in the elections of 1828, he defeated Adams by 178 electoral votes to 83. Jackson won a popular vote proportionally larger than that of any other presidential candi- date during the rest of the 1800s. Once again Adams sought to retire from public life, but the people of Massachusetts called him back. In 1830 he defeated two other candidates and was elected to the U.S. House of Representatives, representing a district from Plymouth. When it was suggested to him that his acceptance of this position would degrade a former president, Adam s replied that no person could be degraded by serving the people as a representative in Congress, or, he added, as a selectman. Indeed, Adams said that his election as president was not half so gratifying as his election to the House. Adams shone brightly from 1831 to his death in 1848. He remained independent of party politics, and held important posts in Congress, serving at times as chairman of the Foreign Affairs Committee and of the Commit- tee on Manufactures. Adams was conspicuous as an opponent of the expansion of SLAVERY and was at heart an abolitionist, though he never became one in the political sense of the word. He took center stage during debates over the gag rules, which resulted when abolitionists sent many petitions to Congress urging that slavery be abolished in the District of Columbia and the new territories. Southern members of Congress who did not want to discuss slave issues passed a series of rules, known as the gag rules, that kept the abolitionists’ petitions from being read on the House floor, effectively blocking any discussion of slavery. Adams fought the gag rules as violations of the right of free speech and the right of citizens to petition their government as guaranteed in the FIRST AMENDMENT.Asthe leading opponent of the gag rules, Adams became the person abolitionists sent their petitions to. He, in turn , tried to have the House consider those petitions, only to run up against the gag rules. For several years Adams tried unsuccessfully to have the rules repealed, but he was able to win supporters to his side each time he tried, and in 1844 he finally succeeded in having the rules abolished. Another contribution of Adams to the antislavery cause was his championing of Africans on the slave ship Amistad. The slaves had mutinied off the coast of Cuba, capturing their masters. The slaves, unfamiliar with navigation, asked their captives to help them sail to a country where slave trade was illegal. The former masters took advantage of the slaves’ navigational inexperience and directed the ship into U.S. waters near Long Island, hoping to find sympathetic U.S. auth orities. Adams was one of two attorneys who argued the case of the Africans before the U.S. Supreme Court, defending the blacks as free people. President MARTIN VAN BUREN had taken the position that the slaves must be returned to their masters and to their inevitable death. Adams helped win their freedom (United States v. Libellants of Schooner Amistad, 40 U.S. [15 Pet.] 518, 10 L. Ed. 826 [1841]). Adams’s support of the arts and sciences was evident in his battle to uphold the dying wishes of an eccentric Englishman named James Smithson. Smithson was the illegitimate son of the first duke of Northumberland. At his death in 1829, he bequeathed his entire estate to his nephew. His will further provided that if the nephew were to die without heirs, which he did in 1835, the entire estate was to be given to the U.S. government to found what Smithson asked be called the Smithsonian Institution, an establishment for the increase and diffusion of knowledge. Adams led a ten-year fight for acceptance of the endowment, which was valued at $508,000 in 1835, and the Smithsonian Institution was established on August 10, 1846. On November 19, 1846, Adams suffered a stroke, from which he never fully recovered. He continued to serve in Congress until he suffered a second stroke and collapsed in the House of Representatives. He was carried from his seat to GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ADAMS, JOHN QUINCY 89 the Speaker’s room, where he lay until his death two days later, on February 23, 1848. FURTHER READINGS Kane, Joseph N. 2001. Facts about the Presidents: A Compilation of Biographical and Historical Informa- tion. 7th ed. New York: Wilson. Nagel, Paul C. 1997. John Quincy Adams: A Public Life, A Private Life. New York: Knopf. Parsons, Lynn H. 1998. John Quincy Adams. Madison, Wis.: Madison House. Remini, Robert Vincent. 2002. John Quincy Adams. New York: Times Books. ADAPTATION The act or process of modifying an object to render it suitable for a particular or new purpose or situation. In the law of patents—grants by the government to inventors for the exclusive right to manufacture, use, or market inventions for a term of years—adaptation denotes a category of patentable inventions, which entails the appli- cation of an existing product or process to a new use, accompanied by the exercise of inven- tive faculties. Federal law provides: “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a PATENT therefore, subject to the conditions and requirements of this title.” 35 U.S.C.A. §101. The adaptation of a device to a different field can constitute an invention if inventiveness exists in the conception of new use and with modifications necessary to render the device applicable in the new field. The progressive adaptation of well-known devices to new, but similar, uses is merely a display of an expected technical proficiency, which involves only the exercise of common reason ing abilities upon materials furnished by special knowledge ensu- ing from continual practice. It, therefo re, does not represent a patentable invention. Ingenuity beyond the mere adaptation of teachings as could be done by a skilled mechanic is required to achieve a patentable invention; inventive talent, rather than skill in adaptation, must be manifested. To entitle a party to the benefit of the patent statute, the device must not only be new; it must be inventively new. The read- aptation of old forms to new roles does not constitute invention where there is no signifi- cant alteration in the method of applying it or in the nature of the result obtained. No invention will be recognized if the new form of the result has not previously been contemplated and, irrespective of the remoteness of the new use from the old, if no modifications in the old device are necessary to adapt it to the new use. Invention is generally not involved where an old process, device, or method is applied to a new subject or use that is analogous to the old or to a new use or the production of a new result in the same or analogous field. If the new use is so comparable to the old that the concept of adapting the device to the new use would occur to a person proficient in the art and interested in devising a method of changing the intended function, there is no invention even though significant alterations have been made. The application of an old device to a new use is normally patentable only if the new use is in a different field or involves a completely novel function. In addition, the physical modifica- tions need not be extensive, as long as they are essential to the objective. In the law of copyrights the exclusive right of the author of a literary project to reproduce, publish, and sell his or her work, which is granted by statute, adaptation refers to the creation of a derivative work, which is protected by federal COPYRIGHT laws. A derivative work involves a recasting or translation process that incorporates preexisting material capable of protection by copyright. An adaptation is copyrighted if it meets the requirement of originality, in the sense that the author has created it by his or her own proficiency, labor, and judgment without di- rectly copying or subtly imitating the preexist- ing material. Mere minor alterations will not suffice. In addition the adapter must procure the consent of the copyright owner of the underlying work if he or she wants to copy from such work. The copyright in a derivative work, however, extends only to the material contrib- uted by the adapter and does not affect the copyright protection afforded to the preexisting material. The rise in the use of digital media has caused new dilemmas in the area of copyright law with respect to adaptations. Even average technology users may make copies and adapt the original works to their needs. Issues in this area have focused upon INTELLECTUAL PROPERTY rights in the context of the INTERNET and computer programs. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 90 ADAPTATION Even average computer users are capable of copying digital music files and modifying them through the use of software. The Internet enables these user s to prepare these modifica- tions and distribute them to a wide audience using the Web, E-MAIL, and other methods of distribution. The Copyright Act of 1976 con- tinues to protect the copyright holders, generally requiring those who prepared derivative works to obtain permission from the copyright holder (17 U.S.C.A. § 114(b) [1996]). However, enforce- ment of these provisions has proven difficult and led to a number of efforts, including those by the Recording Industry Association of America, to find new methods for protecting the rights of the copyright holders. A second cause of concern among copyright owners is the ability of computer users to make copies of computer programs and adopt these programs to serve the users’ purposes. The Copyright Act provides an exclusive right to the copyright holders of computer programs and allows owners of copies of these programs to make additional copies only in limited circum- stances (17 U.S.C.A. § 117 [1996]). Like sound recordings, protection of these copyrights has proven difficult, leading lawmakers to consider a number of new options to protect these rights. In the law of real property, with respect to fixtures (articles that were PERSONAL PROPERTY but became part of the realty through annexation to the premises), adaptation is the relationship between the article and the use that is made of the realty to which the article is annexed. The prevailing view is that the adaptation or appropriation of an article affixed to real property for the purpose or use to which the premises are devoted is an important consider- ation in ascertaining its status as a fixture. According to this theory, if the article facili tates the realization of the purpose of the real property, the annexor presumably intends it to be a permanent accession. Numerous other cases, however, allude to the adaptation of an item to the use to which the premises are designated, as merely on e of the tests or factors that should or must be evaluated in determining that it constitutes real property. Other cases view the character of the use of the article annexed as significant. The special construction or fitting of an article for location and use on certain land or in a particular building, which mitigates against use in another location, indicates that is was intended to constitute a part of the land. The adaptab ility of an annexed article for use in another location is sometimes view ed as demonstrating the retention of its character as personalty (personal property), but this charac- teristic is not conclusive. Articles not designed to comprise the realty retain their character as personalty. FURTHER READINGS Benn, Marvin N., and Richard J. Superfine. 1994. “§ 117— The Right to Adapt into the Fourth Generation and the Source Code Generator’s Dilemma.” John Marshall Journal of Computer and Information Law 12 (spring). Miller, Arthur R., and Michael H. Davis. 2007. Intellectual Property: Patents, Trademarks, and Copyright in a Nutshell. 4th ed. Eagan, MN: West. Plotkin, Mark E., ed. 2003. E-Commerce Law & Business. Frederick, MD: Aspen. ADD-ON A purchase of additional goods before payment is made for goods already purchased. An add-on may be covered by a clause in an installment payment contract that allows the seller to hold a security interest in the earlier goods until full payment is made o n the later goods. v ADDAMS, JANE Jane Addams, a pioneer in social reform, founded Hull House, the first SETTLEMENT house in the United States, to serve the immigrant families who came to Chicago at the beginning of the industrial revolution. For nearly 50 years, Addams worked relentlessly for improved living and working co nditions for America’s urban poor, for women’s suffrage, and for interna- tional PACIFISM. Addams was the youngest of eight children, born on September 6, 1860, to John H. and Sarah Addams. Her mother died when she was two years old, and her teenage sisters, Mary, Martha, and Alice, took over her upbringing. Her family followed the Quaker faith, and valued hard work and change through peaceful efforts. Addams idolized her father, whom she described as a man of great integrity. He remained a pivotal figure in her life until his death in 1881. Addams’s first exposure to urban poverty occurred when she was six years old, during a trip with her father to Freeport, Illinois. Upon seeing the city’s garbage-filled streets and slum GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ADDAMS, JANE 91 housing, she asked her father why the people lived in such horrid houses. After her father told her the people were too poor to have nicer homes, she announced that she would buy a big house when she was grown, where poor children could come and play whenever they liked. Addams suffered throughout her life from a painful curved spine that caused her to walk pigeon-toed. As a result, she was always self- conscious about her appearance. She was a good student and often helped classmates who were having difficulties with their studies. After graduating from high school in 1877, she attended nearby Rockford Female Seminary, one of the oldest institutions for female education in the area. Rockford encouraged its students to become missionaries, but Addams, who struggled with her religious beliefs all her life, refused to consider that vocation. While at Rockford, she met Ellen Gates Starr, who would later help her found Hull House. Reflecting Addams’s emerging concern about the place of women in America, she and Starr attempted to convince the seminary to offer coursework equivalent to that of men’s colleges. Eventually, the seminary did become Rockford College. Addams graduated from Rockford in 1881. Several months later, she was devastated when her father died of a ruptured appendix while on a family vacation in Wisconsin. His death left her a wealthy woman, and she decided to fulfill her plan to attend the Women’s Medical College of Philadelphia. Addams began her studies that fall, but almost immediately the back pain she had suffered all her life flared up, forcing her to undergo back surgery. During her lengthy recovery, Addams toured Europe with her stepmother, Anna Haldeman Addams. Throughout her trip, Addams was struck by the poverty of the industrialized countries she visited. At a fruit and vegetable auction in London, she watched as starving men and women fought over decayed and bruised produce. As she wrote in her autobiography, her impression was of “myriads of hands, empty, pathetic, nerveless and workworn, clutching forward for food that was already unfit to eat.” She was also appalled at the lack of concern for poor people shown by better-off Europeans. Jane Addams. LIBRARY OF CONGRESS. Jane Addams 1860–1935 ❖ ◆ ❖ 1860 Born, Illinois 1861–65 American Civil War ◆◆ ◆ ◆◆ ◆◆ 1881 Graduated from Rockford Female Seminary 1889 Opened Hull House, a settlement house in Chicago slums 1910 Published Twenty Years at Hull House 1915 Helped establish Women's Peace Party 1920 Helped found ACLU 1914–18 World War I 1929 Stock market crashed, Great Depression began 1930 Published The Second Twenty Years at Hull House 1931 Awarded Nobel Peace Prize 1935 Died 1939 World War II began ▼▼ ▼▼ 18501850 18751875 19001900 19251925 ◆ ◆ 1920 Nineteenth Amendment became law, giving women right to vote GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 92 ADDAMS, JANE On her return home in 1885, Addams found herself exhausted, depressed, and unsure of her life’s purpose. On a second trip to Europe, she visited Toynbee Hall, an experimental Oxford- based project in London’s poverty-s tricken East End. Educated young men had moved into the area and were offering literacy classes, art lessons, and other activities to residents. Because the men actually settled in the area and lived with the residents, Toynbee was called a settlement house. Addams decided to use Toynbee as a model and establish a similar facility in the slums of Chicago. With over a million residents, that city was home to hundreds of thousands of immigrants—from Germany, Ireland, Sweden, Italy, Russia, Greece, and many other countries. These desperate people were a ready source of cheap labor for the Chicago factories, and their poor wages forced them to live in overcrowded, rat-infested tenements, surrounded by filthy, garbage-filled streets. Journalist Lincoln Steffens described the Chicago of that time as violent, foul smelling, and lawless. Addams enlisted the aid of her former schoolmate, Starr, in her new venture. The women first had to overcome the adamant objections of friends and relatives who were horrified that two educated, unmarried women would consider living in the city’s slums. But Addams and Starr soon found a house where they could begin their work, the former mansion of Cha rles J. Hull. Once a stately country home, the house was now surrounded by rundown, noisy city tenements. In the beginning, Addams was able to rent only a few rooms in the house, but eventually, Hull’s heir, Helen Culver, gave her the entire house and some surrounding land. After several months of cleaning and refurbishing, Addams and Starr opened Hull House in September 1889. Initially the two were met with great suspicion by the area’s residents. Local priests warned their parishion- ers the women might try to convert them to a new RELIGION, and street children threw garbage and rocks at the house. But Addams and Starr continued to greet their neighbors in a friendly manner, and the residents soon discovered that the women were concerned about their well- being. They also found that the women would sell them nourishing food for just a few pennies, and they soon came to depend on Hull House. In the first few years of the settlement house, Addams established a kindergarten, a women’s boarding house, the nation’s first public playground, and a day care center for mothers forced to leave their children alone for as long as ten hours each day in order to work. Hull House offered evening college extension courses, English and art classes, a theater group, and books and magazines for children and adults. Observing the long hours and dangerous working conditions that the neighborhood children were forced to endure, Addams and her friends soon began working for state regula- tion of child labor, and went on to lobby in Washington, D.C. At home, when city garbage collectors continually ignored overflowing gar- bage bins, Addams applied for and was appointed to the position of ward garbage inspector, and forced the trash collectors to remove the filth. Addams described her work at Hull House as an effort to conserve and push forward the best of the community’s achievements. She strove to respect and preserve the immigrants’ cultures, and the holidays of their various nations were always celebrated at Hull House. Among the volunteers who flocked to Hull House to work with Addams were several women who later brought about important social reform. Julia C. Lathrop helped establish Chicago’s first juvenile court. Dr. Alice Hamil- ton worked in industrial medicine and con- ducted studies that helped improve factory conditions. Florence Kelley investigated sweat- shops for the Illinois State Bureau of Labor and helped establish CHILD LABOR LAWS. Although Addams developed a wide circle of influential supporters because of her work, such as socialist EUGENE V. DEBS and journalist Steffens, she also occasionally lost admirers for the same reason. Addams never wavered in her belief that the same activities that caused her to lose some supporters would help her to gain others. In the first decade of the twentieth century, Addams established herself as a prolific writer, publishing Democracy and Social Ethics (1902), Newer Ideals for Peace (1907), The Spirit of Youth and the City Streets (1909), and the best- selling first volume of her autobiography, Twenty Years at Hull House (1910). During these years, she began to turn her attention more and more to women’s issues—particularly the right to vote. In 1913, seven years before the NINETEENTH AMENDMENT to the U.S. Constitution PRIVATE BENEFI- CENCE IS TOTALLY INADEQUATE TO DEAL WITH THE VAST NUMBERS OF THE CITY ’S DISINHERITED. —JANE ADDAMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ADDAMS, JANE 93 granted women the right to vote in all elections, she helped secure the vote for women in Chicago. Addams’s work continued to expand be- yond Hull House and women’s rights. In 1909 she supported the founding of the National Association for the Advancement of Colored People ( NAACP) and served on its executive committee. In 1915 she helped establish the Women’s Peace Party, and traveled to Europe to attend the Internatio nal Women’s Peace Con- ference in the Netherlands and carry the message of peace to the countries fighting in WORLD WAR I. Addams continued to hold to her pacifist views even when the United States entered the war in 1917, and she was blacklisted as a result. The Daughters of the American Revolution, a group that had once honored Addams for her colonial ancestry, expelled her, and she was shunned by many other supporters. She continued her humanitarian work during the war, however, helping the U.S. Department of Food Administration to distribute food to European allies. Following the war, Addams also worked to have food sent to the starving civilians in the defeated countries, setting off yet another round of criticism. In 1920, in response to increasing attempts to stifle unpopular opinion in the United States, Addams helped found the AMERI- CAN CIVIL LIBERTIES UNION , dedicated to protecting the individual’s right to believe, write, and speak whatever he or she chooses. By the 1930s the public’s bitterness toward Addams had abated. In 1931 she was awarded the Nobel Peace Prize, an achievement that Addams felt justified her pacifist work to the world. Frederick Stang, of the Nobel Committee in Norway, said Addams had clung to her idealism during a difficult time in which peace was overshadowed. Addams went on to receive fourteen honorary degrees, among them one from Yale, the first honorary degree that school had ever awarded to a woman. In 1930 Addams completed her autobiog- raphy with the publication of The Second Twenty Years at Hull House. A few years later, surgery revealed that Addams was suffering from advanced cancer. She died in May 1935. Shortly before her death, Addams was honored at an event marking the twentieth anniversary of the Women’s International League for Peace and Freedom. In response to the many tributes she received, she said she was driven by the fear that she might give up too soon and fail to make the one effort that might save the world. FURTHER READINGS Addams, Jane. 2002. Democracy and Social Ethics. Urbana: Univ. of Illinois Press. Davis, Allen Freeman. 2000. American Heroine: The Life and Legend of Jane Addams. Chicago, Ill.: Ivan Dee. Deegan, Mary Jo. 1988. Jane Addams and the Men of the Chicago School, 1892–1918, New Brunswick, N.J.: Transaction Books. Linn, James Weber. 2000. Jane Addams: A Biography. Urbana: Univ. of Illinois Press. Polikoff, Barbara Garland. 1999. With One Bold Act: The Story of Jane Addams. Chicago: Boswell Books. ADDICT Any individual who habitually uses any narcotic drug so as to endanger the public morals, health, safety, or welfare, or who is so drawn to the use of such narcotic drugs as to have lost the power of self-control with reference to his or her drug use. Addiction to narcotics is not a crime in itself, but that does not excuse violation of related statutes. It may be an offense to be under the influence of an illegal drug in a public place, even though being an addict is not illegal. While such a statute is intended to protect society from the dangers of drug abuse and the antisocial conduct of drug abusers, it generally is not necessary for conviction to prove that the DEFENDANT was disturbing the peace when arrested. CROSS REFERENCES Drugs and Narcotics. ADDITIONAL EXTENDED COVERAGE A provision added to an insurance policy to extend the scope of coverage to include further risks to dwellings. The provision may cover water damage from the plumbing or heating systems, VANDAL- ISM or MALICIOUS MISCHIEF, glass breakage, falling trees, damage from ice or snow storms, or additional risks not otherwise covered by the LIABILITY policy. ADDITIONAL INSTRUCTIONS A charge given to a jury by a judge after the original instructions to explain the law and guide the jury in its decision making. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 94 ADDICT Additional instructions are frequently need- ed after the jury has begun deliberations and finds that it has a question concerning the evidence, a point of law, or some part of the original charge. ADDITUR The power of the trial court to assess damages or increase the amount of an inadequate award made by jury verdict, as a condition of a denial of a motion for a new trial, with the consent of the defendant whether or not the plaintiff consents to such action. This is not allowed in the federal system. Damages assessed by a jury may be SET ASIDE when the amount is shocking to the judicial conscience—so grossly inadequate that it con- stitutes a miscarriage of justice—or when it appears that the jury was influenced by preju- dice, corruption, passion, or mistake. For example, a 61-year-old woman was mugged in a hallway of her apartment building after the landlord failed to replace a broken lock on the back service entrance. She sustained a broken shoulder, a broken arm, and numerous cuts and bruises. Her medical bills amounted to more than $2,500. She sued the landlord for his negligent maintenance of the building, and the jury returned a VERDICT in her favor but awarded damages of only $2,500. Her attorney immedi- ately moved for a new trial on the ground that the verdict was shockingly inadequate. The trial judge ruled that the jury could not possibly have calculated compensation for the woman’s pain and suffering, an item that should have been included under state law. The trial judge, therefore, awarded an ADDITUR of $15,000. The effect of this order was to put the DEFENDANT on notice that he must either pay the $15,000 in addition to the verdict of $2,500 or a new trial would be held. The defendant weighed the disadvantages of investing time and money in a new trial and the risk of an even higher award of monetary damages by a sympathetic jury. He consented to the additur. An additur is not justified solely because the amount of damages is low. For example, damages of $10,000 certainly will not compen- sate the family of a forty-four-year-old man who had been steadily employed as a plumber until he was permanently disabled in an auto accident. In such a case, however, the jury could have found that the plaintiff’s NEGLIGENCE contributed to the cause of the accident and reduced the damages proportionately, as is permitted in most states. An award of additur is not permitted in every state, nor is it allowed in the federal courts. Under the rules that govern procedure in the federal courts, a trial judge has the power to set aside a verdict for a PLAINTIFF on the ground that the damages awarded are clearly inadequate, but then the judge’sonly RECOURSE is to grant a new trial. CROSS REFERENCES Civil Procedure; Tri al. ADDUCE To present, offer, bring forward, or introduce. For example, a BILL OF PARTICULARS that lists each of the plaint iff ’s demands may recite that it contains all the evidence to be adduced at trial. ADEMPTION The failure of a gift of personal property—a bequest—or of real property—a devise—to be distributed according to the provisions of a decedent’s will because the property no longer belongs to the testator at the time of his or her A man and woman inject themselves with heroin. Though addiction to narcotics is not a crime in itself, addicts are not excused from the violation of narcotics-related statutes. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION ADEMPTION 95 death or because the property has been substan- tially changed. There are two types of ademption: by extinction and by satisfaction. Extinction Ademption by extinction occurs when a partic- ular item of PERSONAL PROPERTY or specially designated real property is substantially changed or not part of the testator’s estate when he or she dies. For example, a TESTATOR makes a will giving her farm to her nephew and a diamond watch to her niece. Before she dies, she sells the farm and loses the watch. The proceeds of the sale of the farm are traced to a bank account. After the testator’s death, the nephew claims the proceeds from the sale and the niece claims that the executor of the estate should pay her the value of the diamond watch. Neither claim will be upheld. Once the farm is sold, the specific devise is adeemed by extinction. The proceeds from its sale are not its equivalent for INHERI- TANCE purposes. In some states, however, if all of the proceeds had not yet been paid, the nephew would be entitled to receive the unpaid balance. Because the testator no longer owns the diamond watch when she dies, that specific bequest is also adeemed by extinction. Satisfaction Ademption by satisfaction takes place when the testator, during his or her lifetime, gives to his or her heir all or a part of the gift he or she had intended to give by his or her will. It applies to both specific bequests and devises as well as to a general bequest or legacy payable from the general assets of the testator’s estate. If the subject of the gift made while the testator is alive is the same as the subject of a provision of the will, many states presume that it is in place of the TESTAMENTARY gif t if there is a parent-child or grandparent-grandchild relationship. Other- wise, an ademption by satisfaction will not be found unless there is independent evidence, such as express statements or writings, that the testator intended this to occur. A father makes a will leaving his ski house to his daughter and $25,000 to his son. Before death, he gives the daughter the deed to the ski house and he gives the son $15,000 with which to complete medical school. After the father’s death, the daughter will get nothing, while the son will get $10,000. After the son received the $15,000 from his father, there was an ademp tion by satisfaction of the GENERAL LEGACY of $25,000 to the extent of the size of the lifetime gift, $15,000. The son is entitled to receive the remaining $10,000 of the original general legacy. Because there was a parent-child relationship, there was no need for independent proof that the $15,000 gift was intended to adeem the gift under the will. FURTHER READINGS Lundwall, Mary Kay. 1993. “The Case against the Ademp- tion by Extinction Rule: A Proposal for Reform.” Gonzaga Law Review 29 (fall). McEowen, Roger. 2009. “Court Decides Ademption Case.” AgDM Whole Farm Legal and Taxes Recent Iowa Opinions (May). Available online at http://www.extension.iastate. edu/agdm/articles/mceowen/McEowOpinionsMay07a. html; website home page: http://www.extension.iastate. edu (accessed August 28, 2009). Volkmer, Ronald R. 2000. “Doctrine of Ademption in the Law of Wills.” Estate Planning 27 (March-April). ADEQUATE Sufficient; equal to what is required; suitable to the case or occasion. A law that requires PUBLIC UTILITIES to provide adequate service does not create a right for customers to sue the electric company whenever the meat in their freezers spoils because of a power outage in the absence of NEGLIGENCE. Service does not have to be perfect in order to meet a standard of adequacy. ADEQUATE REMEDY AT LAW Sufficient compensation by way of monetary damages. Courts will not grant equitable remedies, such as SPECIFIC PERFORMANCE or injunctions, where monetary damages can afford complete legal relief. An EQUITABLE REMEDY interferes much more with the defendant’s freedom of action than an order directing the DEFENDANT to pay for the harm he or she has caused, and it is much more difficult for a court to supervise and enforce judgments giving some relief other than money. Courts, therefore, will compensate an injured party whenever possible with monetary damages; this remedy has been called the remedy at law since the days when courts of equity and courts at law were different. ADHESION CONTRACT A type of contract, a legally binding agreement between two parties to do a certain thing, in which one side has all the bargaining power and uses it GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 96 ADEQUATE to write the contract primarily to his or h er advantage. An example of an ADHESION CONTRACT is a standardized contract form that offers goods or services to consumers on essentially a “take it or leave it” basis without giving consumers realistic opportunities to negotiate term s that would benefit their interests. When this occurs, the consumer cannot obtain the desired product or service unless he or she acquiesces to the form contract. There is nothing unenforceable or even wrong about adhesion contracts. In fact, most businesses would never conclude their volume of transactions if it were necessary to negotiate all the terms of every CONSUMER CREDIT contract. Insurance contracts and residential leases are other kinds of adhesion contracts. This does not mean, however, that all adhesion contracts are valid. Many adhesion contracts are UNCONSCIO- NABLE ; they are so unfair to the weaker party that a court will refuse to enforce them. An example would be severe PENALTY provisions for failure to pay loan installm ents promptly that are physi- cally hidden by small print located in the middle of an obscure paragraph of a lengthy loan agreement. In such a case a court can find that there is no meeting of the minds of the PARTIES to the contract and that the weaker party has not accepted the terms of the contract. ADJACENT Lying near or close to; neighboring. Adjacent means that objects or parcels of land are not widely separated, though perhaps they are not actually touching; but adjoining implies that they are united so closely that no other object comes between them. ADJECTIVE LAW The aggregate of rules of procedure or practice. Also called adjectival law, as opposed to that body of law that the courts are established to administer (called substantive law), it means the rules according to which the substantive law is adminis- tered, e.g., Rules of Civil Procedure. That part of the law that provides a method for enforcing or maintaining rights, or obtaining redress for their invasion. Pertains to and prescribes the practice, method, procedure, or legal machinery by which substantive law is enforced or made effective. CROSS REFERENCE Civil Procedure. ADJOINING LANDOWNERS Those persons, such as next-door and backyard neighbors, who own lands that share common boundaries and therefore have mutual rights, duties, and liabilities. The RECIPROCAL rights and obligations of ADJOINING LANDOWNERS existed at COMMON LAW but have been modified by various state laws and court decisions. Rights, Duties, and Liabilities Landowners are expected to use their property reasonably without unduly interfering with the rights of the owners of contiguous land. Anything that a person does that appropriates adjoining land or substantially deprives an adjoining owner of the reasonable enjoyment of his or her property is an unlawful use of one’s property. A man buys a house in a residentially zoned area and converts it into an office building. He paves the backyard for a parking lot but encroaches two feet beyond his property into the lot of the adjoining landowner. His use of the property is unlawful for a number of reasons. He has appropriated his neighbor’s land and substantially interfered with his neighbor’s right to use it. His neighbor may sue him in a tort action fo r the NUISANCE created and, if successful, the neighbor will be awarded damages and an INJUNCTION to stop the unlawful use of the land. In addition, the purchaser has violated zoning laws by using residential property for commercial purposes without seeking a VARIANCE. Property owners have the right to grade or change the level of their la nd or to build foundations or embankments as long as proper precautions are taken, such as building a retaining wall to prevent soil from spilling upon adjoining land. If permitted by law, landowners may blast on their own property but will be liable for damages caused by debris thrown onto adjoining land. Lateral Support A landowner has a legally enforceable right to LATERAL SUPPORT from an adjoining landowner. Lateral support is the right to have one’s land in its natural condition held in place from the sides by the neighboring land so that it will not fall away. Land is considered in its natural condition if it has no GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ADJOINING LANDOWNERS 97 . House 19 31 Awarded Nobel Peace Prize 19 35 Died 19 39 World War II began ▼▼ ▼▼ 18 5 018 50 18 7 518 75 19 0 019 00 19 2 519 25 ◆ ◆ 19 20 Nineteenth Amendment became law, giving women right to vote GALE ENCYCLOPEDIA. better-off Europeans. Jane Addams. LIBRARY OF CONGRESS. Jane Addams 18 60 19 35 ❖ ◆ ❖ 18 60 Born, Illinois 18 61 65 American Civil War ◆◆ ◆ ◆◆ ◆◆ 18 81 Graduated from Rockford Female Seminary 18 89 Opened Hull. slums 19 10 Published Twenty Years at Hull House 19 15 Helped establish Women's Peace Party 19 20 Helped found ACLU 19 14 18 World War I 19 29 Stock market crashed, Great Depression began 19 30