What Causes AIDS—and What Does Not? S B ince the first U.S. case was identified in 1981, acquired immune deficiency syndrome (AIDS) has grown into an epidemic that has, as of 2007, caused the death of 545,805 persons in the United States. The Joint United Nations Programme on HIV/AIDS estimates that at the end o f 2007 there were 33 million people living with HIV/AIDS worldwide. During 2007, AIDS c aused the deaths of an estimated 2 million people. At that time, women were increasingly affected by AIDS; it was estimated that women comprised approximately 50 percent of persons living with HIV or AIDS worldwide. No cure has been found, although existing treatment employing multiple drugs has made substantial gains in prolonging life and reducing pain. Despite t he limits in medical treatment, however, much is known about the disease. AIDS is caused by the human immunodeficiency virus (HIV). Transmitted by bodily fluids from person to person, HIV invades certain key blood cells that are needed to fight off infections. HIV replicates, spreads, and destroys these host cells. When the body’s immune system becomes deficient, the person becomes AIDS-symptomatic, which means the person develops infections that the body can no longer ward off. Ultimately, a person with AIDS dies from diseases caused by other infections. The leading killer is a form of pneumonia. Most of the fear surrounding AIDS has to do with its most common form of transmission: sexual behavior. The virus can be passed through any behavior that i nvolves the exchange of blood, semen, or vaginal secretions. Anal i ntercourse is the highest-risk activity, but oral or v aginal inter- course is dangerous too. Thus, federal health authorities recommend using a condom, yet they caution that condoms are not 100 percent effective; condoms can leak, a nd they can break. Highly accurate HIV testing is widely available and often advisable, since infected people can feel perfectly healthy. Although the virus can be contracted immediately upon exposure to i t, symptoms of full - blown AIDS may take up to ten years to appear. In addition to sexual behavior, only a few other means of HIV transmission exist. Sharing unsterilized needles used in drug injections is one way, owing to the exchange of blood on t he needle, and thus intravenous drug users are an extremely high-risk group. Several cities have experimented with programs that offer free, clean needl es. These programs have seen up to a 75- percent reduction in new HIV cases. Receipt of donations of blood, semen, organs, and other human tissue can also transmit HIV, although here screening methods have proved la rgely successful. Childbirth and breast feeding are also avenues of transmission; thus, children of H IV-positive mothers ma y be at risk. The medical fa cts about HIV and AIDS are especially relevant to the law. Unless exposed in one of a few very specific ways, most people have nothing to fear. Casual contact with people who are infected is safe. Current medical k nowledge is quite strong on this point: no one is known to have caught the virus by sitting next to, shaking the hand of, or breathing the same air a s an infected person. For this reason, U.S. law has moved to protect the civil rights of HIV-positive and AIDS-symptomatic per- sons. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794 [1994]) prohibits discrimination against otherwise qualified disabled individuals, including individuals with a contagious disease or an infection such as HIV or AIDS. The AIDS quilt, on display in Washington, D.C., has become a well-known symbol of support for victims of AIDS and their families. Fami lies and supporters of victims of AIDS c reate a panel to commemorate that person’s lif e and that panel is joined with others from around the country to create the quilt. FURTHER READINGS Barnett, Tony, and Alan Whiteside. 2006. AIDS in the Twenty- First Century. 2d ed. New York: Palgrave Macmillan. Farmer, Paul. 2003. Pathologies of Power: Health, Human Rights, and the New War on the Poor. Berkeley: Univ. of California Press. CROSS REFERENCES Discrimination GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 78 ACQUIRED IMMUNE DEFICIENCY SYNDROME through drug-treatment regimens that require individuals to consume many different types of medications at the same time. These anti-AIDS “cocktails” undergo constant study and modifi- cation as researchers learn more about the workings of HIV. The medications are from a family of drugs called “protease inhibitors.” Survival rates have dramatically improved for those individuals using protease inhibitors, but other problems have also arisen. Some persons do not respond to these medications, or the side effects from taking the drugs diminish the quality of life. Protease inhibitors, for many people, are intolerable because of nausea, diarrhea, vomiting, headache, kidney stones, and serious drug interactions with other medications. By 2003 researchers had found that serious side effects include increased risk of heart attack, abnormalities in fat distribution, an increased propensity toward diabetes, and abnormalities in cholesterol metabolism. Cost is another concern associated with protease inhibitors. To be effective, protease inhibitors must be used in combination with at least two other anti-HIV drugs. Originally, annual costs for this treatment was estimated to be between $12,000 and $15,000 per person. However, in 2006 research was released that estimated that Americans who were diagnosed with the AIDS virus could have a life expectancy of 24 years and spend approximately $600,000 in healthcare costs during those years. The average cost of the drugs equated to $2,100 a month and $25,200 a year. The increase in cost from the original reports is due to improved and more costly HIV medications. Those persons without private health insurance must rely on public programs such as the AIDS Drug Assistance Program (ADAP), a federally funded initiative to provide AIDS-related drugs to people with HIV. Most ADAP programs, which are administered by states, have lacked the funding to enroll everyone in need. International Issues By 2003 the international AIDS problem had become a crisis in Africa and parts of Asia. The situation is gravest in sub- Saharan Africa, where AIDS is the leading cause of death. Over 22 million adults and children live with HIV and AIDS, which accounts for more than two-thirds of all individuals worldwide living with AIDS. Approximately 1.7 million people die there each year from AIDS. This number is more than three-quarters of the global total number of AIDS-related deaths each year. These figures stand in stark contrast to those of North America, where fewer than one million people are living with HIV and AIDS. The growth of AIDS in Africa and Asia has raised worries about global political and eco- nomic stability. Governments in these ravaged countries have not been able to afford the anti- viral drugs. In 2002 pharmaceutical companies agreed to sell these drugs to these countries as generic drugs, thus dropping the cost from $12,000 to $300 per year per patient; yet, even at these prices, many governments would be hard pressed to purchase them. The UNITED NATIONS (UN) and the World Health Organization (WHO) have worked to- gether to address the issues of prevention and treatment. Although AIDS is among the most deadly infectious diseases in the world, the statistics reveal that, on a global basis, thenumber of individuals dying of AIDS-related causes has declined in recent years. In December 2002 a joint UN-WHO report disclosed that 42 million people in the world were living with HIV and AIDS. In 2002 five million people contracted HIV, and over three million people died of AIDS. In 2007 the reports indicated that the number of individuals living with HIV had dropped to 33 million people worldwide and that 2.7 million people were newly infected in that year. The total number of AIDS deaths decreased from five million to two million in 2007. This decline is due in large part to the increased availability of the antiretroviral treatment and improved pre- vention and care programs available worldwide. FURTHER READINGS ACLU. 1996. The Rights of People Who Are HIV Positive. Carbondale: Southern Illinois University Press. ———. 1995a. AIDS and Civil Liberties. Briefingpaper no. 13. ———. 1995b. Lesbian and Gay Rights. Briefing paper no. 18. ———. 1994. ACLU Wins Precedent-Setting Claim in AIDS Case; Federal Court Rules That ADA Covers AIDS Discrimination. Press release, November 21. ———. 1993. ACLU Files AIDS Discrimination Suit; Challenges South Carolina Insurance Risk Pool. Press release, April 6. “Fighting Aids.” February 10, 2003. PBS News Hour. Available online at www.pbs.org (accessed Mar. 31, 2010). Health and Human Services Department. Social Security Administration. 1991. A Guide to Social Security and SSI Disability Benefits for People with HIV Infection. Pub. no. 05-10020, September. Jarvis, Robert M., et al., eds. 1996. AIDS Law in a Nutshell. 2d ed. Minneapolis, Minn.: West. Rollins, Joe. 2002. “AIDS, Law, and the Rhetoric of Sexuality.” Law & Society Review 36 (April). GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ACQUIRED IMMUNE DEFICIENCY SYNDROME 79 White House. Office of the Press Secretary. 1994. Proclamation for World AIDS Day, November 30, 1994. Press release. ———. 2009. Obama Administration Announces New Campaign to Refocus National Attention on the HIV Crisis in the United States. Press release, April 7, 2009; National Center for HIV/AIDS, Viral Hepatitis, STD and TB Prevention, Centers for Disease Control and Prevention. “Barack Obama: Fighting HIV/AIDS Worldwide.” Available online at http://www.barackobama.com/pdf/AIDSFact Sheet.pdf; website home page: http://www.baracko bama.com (accessed June 10, 2009). Public Library of Science (Pl o S Medicine). 2007. The US Anti-Prostitution Pledge; First Amendment Challenges and Public Health Priorities. (Policy Forum)(United States Leadership Against Global HIV/AIDS, Tubercu- losis, and Malaria Act of 2003). “Global Summary of the AIDS Epidemic, December 2007.” Available online at http://www.who.int/hiv/data/ 2008_global_summary_AIDS_ep.png; website home page: http://www.who.int (accessed June 10, 2009). “AIDS Patients Will Spend $600K for care.” Available online at http://www.msnbc.msn.com/id/15655257/print/1/ displaymode/1098; website home page: http://www. msnbc.com (accessed June 8, 2009). “The United States President’s Emergency Plan for AIDS Relief (PEPFAR).” Available online at http://www. pepfar.gov/about/index.htm. (accessed June 7, 2009). CROSS REFERENCES Disability Discrimination; Discrimination; Food and Dru g Administration; Gay and Lesbian Rights ; Health Care Law; Patients’ Rights; Physicians and Surgeons; Privacy. ACQUISITION CHARGE A fee imposed upon a borrower who satisfies a loan prior to the date of payment specified in the loan agreement. Many home mortgages provide that if the persons who borrowed the money want to repay their MORTGAGE within two year s, th ey must pay an ACQUI SITION CHARGE of a small percentage of the outstanding balance of the mortgage. Prepayment penalty is another name for acquisition charge. ACQUIT To set free, release or discharge as from an obligation, burden or accusation. To absolve one from an obligation or a liability; or to legally certify the innocence of one charged with a crime. ACQUITTAL The legal and formal certification of the innocence of a person who has been charged with a crime. Acquittals in fact take place when a jury finds a VERDICT of not GUILTY.Acquittalsin law take place by OPERATION OF LAW such as when a person has been charged as an ACCESSO RY to the cr ime of ROBBERY and the principal has been acquitted. ACT Something done; usually, something done inten- tionally or voluntarily or with a purpose. The term encompasses not only physical acts—such as turning on the water or purchasing Results of Criminal Trials in 2007–2008 a Acquitted 0.6% Dismissed 9% Convicted 90.4% SOURCE: U.S. Courts, “Federal Judicial Caseload Statistics,” available online at http://www.uscourts .gov/caseload2008/contents.html (accessed on August 12, 2009). a Refers to trials completed in U.S. District Courts from April 1, 2007, to March 31, 2008. ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. Total felony dispositions statewide: 165,016 Percentage resulting in conviction Percentage resulting in dismissal Percentage resulting in acquittal Acquittal: State of New York Felony Arrest Dispositions for 2008 Percent 0 20 40 60 80 100 69% 23% 0.4% SOURCE: New York State, Division of Criminal Justice Services, “Criminal Justice Statistics,” available online at http://criminaljustice.state.ny.us/crimnet/ojsa/ dis p os/index.htm (accessed on Au g ust 7, 2009). ILLUSTRATION BY GGS CREATIVE RESOURCES. REPRODUCED BY PERMISSION OF GALE, A PART OF CENGAGE LEARNING. GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION 80 ACQUISITION CHARGE agun—butalsoreferstomoreintangibleacts such as adopting a decree, edict, law, judgment, award, or determination. An act may be a private act, done by an individual managing his or her personal affairs, or it may be a public act, done by an official, a council, or a court. When a bill is favorably acted upon in the process of LEGISLA- TION , it be comes an act . ACT OF GOD An event that directly and exclusively results from the occurrence of natural causes that co uld not have been prevented by the exercise of foresight or caution; an inevitable accident. Courts have recognized various events as acts of God—tornadoes, earthquakes, death, extraordinarily high tides, violent winds, and floods. Many insurance policies for property damage exclude from their protection damage caused by acts of God. ACTION Conduct; behavior; something done; a series of acts. A case or lawsuit; a legal and formal demand for enforcement of one’s rights against another party asserted in a court of justice. The term action includes all the proceedings attendant upon a legal demand, its ADJUDICATION, and its denial or its enforcement by a court. Specifically, it is the LEGAL PROCEEDINGS, while a CAUSE OF ACTION is the underlying right that gives rise to them. In casual conversation, action and cause of action may be used interchangeably, but they are more properly distinguished. At one time it was more correct to speak of actions at law and of proceedings or suits in equity. The distinction is rather technical, however, and not significant since the merger of law and equity. The term action is used more often for civil lawsuits than for criminal proceedings. Parties in an Action ApersonmusthavesomesortofLEGAL RIGHT before starting an action. That legal right implies a duty owed to one person by another, whether it is a duty to do something or a duty not to do something. When the other person acts wrong- fully or fails to act as the law requires, such behavior is a breach, or violation, of that person’s legal duty. If that breach causes harm, it is the basis for a cause of action. The injured person may seek redress by starting an action in court. The person who starts the action is the PLAINTIFF, and the pe rson sued is the DEFENDANT. They are the parties in the action. Frequently, there are multiple parties on a side. The defen- dant may assert a defense which, if true, will defeat the plaintiff’s claim. A COUNTERCLAIM may be made by the defendant against the plaintiff or a CROSS-CLAIM against another party on the same side of the lawsuit. The law may permit joinder of two or more claims, such as an action for property damage and an action for personal injuries, after one auto ACCIDENT;oritmay require consolidation of actions by an order of the court. Where prejudice or injustice is likely to result, the court may order a SEVERANCE of actions into different lawsuits for different parties. Commencement of an Action The time when an action may begin depends on the kind of action involved. A plaintiff cannot start a lawsuit until the cause of action has accrued. For example, a man who wants to use a parcel of land for a store where only houses are allowed must begin by applying for a variance from the local zoning board. He cannot bypass the board and start an action in court. His right to SUE does not ACCRUE until the board turns down his request. Neither can a person begin an action after the time allowed by law. Most causes of action are covered by a STATUTE OF LIMITATIONS, which specifically limits the time within which to begin the action. If the law in a particular state says that an action for libel cannot be brought more than one year after pu blication of a Acts of God, which include hurricanes such as Hurricane Katrina, are sometimes excluded from insurance policies for property damage. AP IMAGES GALE ENCYCLOPEDIA OF AMERICAN LAW, 3 RD E DITION ACTION 81 defamatory statement, then those actions must be initiated within that statutory period. Where there is no statute that limits the time to commence a particular action, a court may nevertheless dismiss the case if the claim is stale and if LITIGATION at that point would not be fair. A plaintiff must first select the right court, then an action can be commenced by delivery of the formal legal papers to the appropriate person. Statutes that regulate proper procedure for this must be strictly observed. A typical statute specifies that an action may be begun by delivery of a SUMMONS,oraWRIT on the defendant. At one time, common-law actions had to be pleaded according to highly technical FORMS OF ACTION , but now it is generally sufficient simply toservepapersthatstatefactsdescribinga recognized cause of action. If this SERVICE OF PROCESS is done properly, the defendant has fair notice of the claim made against him or her and the court acquires jurisdiction over him or her. In some cases, the law requires delivery of the summons or writ to a specified public officer such as a U.S. marshal, who becomes responsible for serving it on the defendant. Termination of an Action After an action is commenced, it is said to be pending until termination. While the action is pending, neither party has the right to start another action in a different court over the same dispute or to do any act that would make the court’s decision futile. A lawsuit may be terminated because of dismissal before both sides have fully argued the merits of their cases at trial. It can also be ended because of COMPROMISE AND SETTLEMENT, after which the plaintiff withdraws his or her action from the court. Actions are terminated by the entry of final judgments by the courts. A judgment may be based on a jury VERDICT or it may be a JUDGMENT NOTWITHSTANDING THE VERDICT . Where there has been no jury, judgment is based on the judge’s decision. Unless one party is given leave—or permission from the court—to do something that might revive the lawsuit, such as amending an insufficient complaint, the action is at an end when judgment is formally entered on the records of the court. CROSS REFERENCE Civil Procedure. ACTION ON THE CASE One of the old common-law forms of action that provided a remedy for the invasion of personal or property interests. ACTION ON THE CASE is also called TRESPASS on the case because it developed from the COMMON- LAW ACTION of trespass during the fifteenth century in Engla nd. Often it is simply called case. Case differs from trespass in that it redresses more indirect injuries than the WILLFUL invasion of the plaintiff’s property contemplated by trespass. It was designed to supplement the action of trespass. For example, a person struck by a log thrown over a fence could maintain an action in trespass against the thrower. If, instead, the wrongdoer tossed the log into the street and the PLAINTIFF were hurt by stumbling over it, the plaintiff could maintain an action on the case rather than in trespass. In PLEADING an action on the case, the plaintiff sets forth the circumstances of the entire case. In pleading an action on the case, the complaint differed from the forms used in pleading other actions because other actions generally had highly stylized and rigid forms that had to be followed word for word. The plaintiff in the action on the case alleged facts to show that (1) the DEFENDANT had some sort of duty; (2) the defendant had violated that duty; and (3) the result was harm to the plaintiff or the plaintiff’s property. Over the years this action developed into a remedy for a wide variety of wrongs that were not redressed by the other FORMS OF ACTION. For example, a plaintiff could SUE a defendant who maintained a NUISANCE in the neighborhood; who violated an easement or a RIGHT OF WAY; or who committed libel, slander, malicious prosecution, fraud, or deceit. Most importantly, the action on the case came into common use as the legal method for compensating victims of NEGLIGENCE.Itthus became one of the most widely used forms of action in the common-law system and gave birth to the modern law of torts. When ejectment was still considered a modern improvement on trespass in England, it already had been abandoned in New England because of its complicated technical requirements. One of the reasons for the American experience is that law books were scarce in the colonies, and many judges were laymen. The most rigid applications of technical formalities came during GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 82 ACTION ON THE CASE the f irst half of the nineteenth century after lawyers gained influence in the legal system. Dissatisfaction with the technicalities of the forms soon began to peak. CODE PLEADING was then introduced to replace the prior forms of action. An attempt was made to reduce the number of writs to some basic few that would be adequate for all of the different requirements of modern LITIGATION. Attention was shifted from the form to the elements of a CAUSE OF ACTION . Courts asked only whether the plaintiff had stated a CLAIM on which relief could be granted. The objective was to decide whether the plaintiff was entitled to a remedy with as little procedural red tape as possible. When code pleading fell short of this goal, the modern law of CIVIL PROCEDURE developed the theory that there should be only one form of action, the CIVIL ACTION. The old forms of action exist only as names for procedures based on them and as the foundation of much of the SUBSTANTIVE LAW.In Pennsylvania, for example, the word trespass is used for tort actions, and assumpsit for lawsuits based upon contracts. ACTIONABLE Giving sufficient legal grounds for a lawsuit; giving rise to a cause of action. An act, event, or occurrence is said to be actionable when there are legal grou nds for basing a lawsuit on it. For example, an ASSAULT is an actionable tort. ACTIONABLE PER SE Legally sufficient to support a lawsuit in itself. Words are ACTIONABLE PER SE if they are obviously insulting and injurious to one ’s reputation. In lawsuits for libel or slander, words that impute the commission of a crime, a loathsome disease, or unchastity, or remarks that affect the plaintiff’s business, trade, profes- sion, calling, or office may be actionable per se. No special proof of actual harm done by the words is necessary to win monetary damages when words are actionable per se. ACTUAL CASH VALUE The fair or reasonable cash price for which a property could be sold in the market in the ordinary course of business, and not at forced sale. The price it will bring in a fair market after reasonable efforts to find a purchaser who will give the highest price. What property is worth in money, allowing for depreciation. Ordinarily, actual cash value, fair market value, and market value are synonymous terms. ACTUAL NOTICE Conveying facts to a person with the intention to apprise that person of a proceeding in which his or her interests are involved, or informing a person of some fact that he or she has a right to know and which the informer has a legal duty to communicate. When such notice has been given to someone personally, it is called express actual notice or express notice. If a tenant notifies a landlord that the elevator is broken, the landlord has express actual notice of the defect. Should the landlord fail to repair the elevator and another tenant is injured while riding it, the landlord would be liable for the tenant’s injuries. Actual notice can be presumed if an average person, having witness of the same evidence, should know that a particular fact exists. This is called implied actual notice or implied notice. If the landlord had been with the tenant when the tenant discovered the broken elevator, the landlord would be considered to have implied notice of the defect. ACTUARY A statistician who computes insurance and pension rates and premiums on the basis of the experi- ence of people sharing similar age and health characteristics. The profession also includes statisticians who provide expert data analysis on risk assessment and risk management for the financial services sector. Actuaries are most often employed within the insurance industry, but also prepare and assess data for commercial and investment banks, retirement and PENSION fund administrators, or are self-employed as consultants. Specific data prepared by actuaries is often presented in the form of actuarial tables ( MORTALITY TABLES) that indicate the life expec- tancy of an individual. Suc h tables may be used as the bases for calculating estimated insurance premiums or monthly retirement annuities. When utilized by expert WITNESSES, actuarial GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ACTUARY 83 tables are admissible in evidence to show life expectancy. Juries may award damages to plain- tiffs for compromised life expectancy resulting from the alleged wrongdoing of tortfeasors (wrongdoers). ACTUS REUS [Latin, Guilty act.] As an element of criminal responsibility, the wrongful act or omission that comprises the physical components of a crime. Criminal statutes generally require proof of both actus reus and mens rea on the part of a defendant in order to establish criminal liability. AD DAMNUM [Latin, To the loss.] The clause in a complaint that sets a maximum amount of money that the plaintiff can recover under a default judgment if the defendant fails to appear in court. It is a fundamental principle of due process that a DEFENDANT must be given fair notice of what is demanded of him or her. In a CIVIL ACTION ,aPLAINTIFF must include in the com- plaint served on a defendant a clause that states the amount of the loss or the amount of money damages claimed in the case. This clause is the ad damnum. It tells a defendant how much he or she stands to lose in the case. In some states, the ad damnum sets an absolute limit on the amount of damages recoverable in the case, regardless of how much loss the plaintiff is able to prove at trial. The reason for this rule is that a defendant should not be exposed to greater LIABILITY than the ad damnum just because he or she comes into court and defends himself or herself. In states that follow this rule, a plaintiff may be given leave to increase the amount demanded by amending the complaint if later circumstances can be shown to warrant this. For example, a plaintiff who sues for $5,000 for a broken leg may find out after the action has begun that she will be permanently disa bled. At that point, the court may allow the plaintiff to amend her complaint and demand damages of $50,000. In most states and in the federal courts, a plaintiff can collect money damages in excess of the ad damnu m if proof can be made at trial to support the higher amount. A defendant may ask for more time to prepare the case in order not to be prejudiced at trial if it begins to look as though the plaintiff is claiming more money than the ad damnum demands. However, the defendant cannot prevent judgment for a higher amount. AD HOC [Latin, For this; for this special purpose.] An attorney ad hoc or a guardian or curator ad hoc is one appointed for a special purpose, generally to represent the client, ward, or child in the particular action in which the appointment is made. An administrative agency, a legislature, or other governmental bodies may establish ad hoc committees to study particular problems. For example, a city government may establish an ad hoc committee to investigate and discuss the placement of a new stadium in the city. Likewise, an administrative agency in some jurisdictions may engage in ad hoc rulemaking, whereby the agency establishes specific procedures to pro- mulgate a rule without necessarily adhering to formal rulemaking requirements. AD HOMINEM [Latin, To the person.] A term used in debate to denote an argument made personally against an opponent, instead of agai nst the opponent’s argument. AD INTERIM [Latin, In the meantime.] An officer ad interim is a person appointed to fill a position that is temporarily open, or to perform the functions of a particular position during the absence or tempo- rary incapacity of the individual who regularly fulfills those duties. AD LITEM [Latin, For the suit; for the purposes of the suit; pending the suit.] A guardian ad litem is a guardian appointed to prosecute or defend a suit on behalf of a party who is legally incapable of doing so, such as an infant or an insane person. AD VALOREM According to value. The term ad valorem is derived from the Latin ad valenti am, meaning “to the value.” It is commonly applied to a tax imposed on the value of property. Real property taxes that are imposed by the states, counties, and cities are the most common type of ad valorem taxes. ad valorem taxes can, however, be imposed upon GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 84 ACTUS REUS PERSONAL PROPERTY. For example, a motor vehicle tax may be imposed upon personal property such as an automobile. An article of commerce may be subjected to an ad valorem tax in proportion to its value, which is determined by assessment or appraisal. Duties, taxes on goods imported or brought into this country from a foreign country, are either ad valorem or specific. An ad valorem duty is one in the form of a percentage on the value of the property, unlike a specific duty that is a fixed sum imposed on each article of a class, such as all Swiss wristwatches, regardless of their individual values. CROSS REFERENCE Taxation. v ADAMS, JOHN JOHN ADAMS achieved prominence on many levels—as JURIST, statesman, and as the second PRESIDENT OF THE UNITED STATES. Known for his sharp diplomatic skills, his flair for words, and his spirited activism, he was an instrumental figure in forging the fledgling nation that would become the United States of America. Adams was born on October 30, 173 5, in Braintree (now Quincy), Massachusetts, the son of a farmer. His parents encouraged him in his studies, and pushed him to enter Harvard College to study for the clergy. Upon graduation in 1755, the strong-willed Adams instead decided to teach and study law. He was admitted to the Boston bar in 1758 and established a prestigious legal practice. During the pre–Revolutionary War years, Adams spoke out strongly against many acts enforced by the British government, including the TOWNSHEND ACTS , which unjustly taxed items such as glass and tea. He also joined the Sons of Liberty—a group of lawyers, merchants, and businessmen who, in 1765, banded together to oppose the STAMP ACT. From 1774 to 1778 Adams served as the Massachusetts representative to the CONTINENTAL CONGRESS . He entered the judiciary during this period and rendered decisions as chief justice of the Superior Court of Massachusetts from 1775 to 1777. In 1776 he signed the newly created DECLARATION OF INDEPENDENCE. After the war, Adams entered the field of foreign service, acting as commissioner to France in 1777. In 1783 Adams went to Paris with JOHN JAY and THOMAS JEFFERSON to success- fully negotiate the TREATY OF P ARIS with Great Britain, which officially ended the Revolution- ary War and established the United States as an John Adams. LIBRARY OF CONGRESS John Adams 1735–1826 ❖ ❖ ◆ ◆ ◆ ◆ ◆ ◆ 1732 George Washington born 1735 Born, Braintree, Mass. 1758 Admitted to Boston bar 1755 Graduated from Harvard College 1774–78 Mass. representative to the Continental Congress 1765 Joined the Sons of Liberty 1788 Became first vice president of the U.S. 1775–83 American Revolution 1797–1801 Served as second president of the U.S. 1824 His son John Quincy Adams elected president of the U.S. 1826 Died July 4, Braintree, Mass.; Thomas Jefferson died, Charlottesville, Va. (same day) ▼▼ ▼▼ 17001700 17501750 17751775 18001800 18251825 17251725 FEAR IS THE FOUNDATION OF MOST GOVERNMENTS . —JOHN ADAMS GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ADAMS, JOHN 85 independent nation. In 1785 Adams became the first U.S. minister to Great Britain. Adams returned to the United States in 1788 and began service to the new government with his election to the office of vice president of the United States. He was the first person to serve in this office and was reelected for a second term in 1792. In 1796 Adams was elected president of the United States. He was the second man to hold this position, following the retirement of the first president, GEORGE WASHINGTON. Dur ing his term of office, Adams advocated naval strength; approved the ALIEN AND SEDITION ACTS of 1798 (1 Stat. 566, 570, 577, 596), which increased the restrictions concerning ALIENS and imposed harsh penalties on any person who attempted to obstruct the government system; averted war with France; and selected the eminent JOHN MARSHALL as chief justice of the U.S. Supreme Court. In 1800 Adams ran for the presidency for a second term but was defeated by Thomas Jefferson. Adams’s political and personal JURISPRUDENCE was characterized by intense nationalism; some consider him the most influential designer of the new nation’s government and identity. A Federalist and a realist who spoke his mind without consideration for political fallout, Adams believed that unchecked power created abuse even in the best of democracies. To that end, he was the most significant advocate for the creation of a balance of powers through a tripartite government: a bicameral legislature, a strong executive, and an independent judici- ary. He also authored the state constitution for the Commonwealth of Massachusetts, which remains the oldest functioning written consti- tution in the world. Adams published a number of political treatises, including Thoughts on Government (1776) and Defense of the Constitu- tions of the United States of America against the Attacks of Mr. Turgot (1787). John Adams sought a written constitution based on unwritten NATURAL LAW. He believed that the COMMON LAW was the source of unalienable, INDEFEA SIBLE rights of men, the honor and dignity of human nature, the grandeur and glory of the public, and the universal happiness of individuals. John Adams was also a devoted family man. His wife, Abigail, was a vivacious and witty first lady who openly commented on politics and issues of the day. There were five Adams children, including John Quincy, who served as the sixth president of the United States. John Adams died on July 4, 1826, in Braintree. FURTHER READINGS Allen, Brooke. 2002. “John Adams: Realist of the Revolu- tion.” The Hudson Review (spring) 55. McCullough, David. 2001. John Adams. New York: Simon & Schuster. Ryerson, Richard Alan, ed. 2001. John Adams and the Founding of the Republic. Boston: Massachusetts Historical Society. Thompson, C. Bradley. 1998. John Adams and the Spirit of Liberty. Lawrence: Univ. Press of Kansas. v ADAMS, JOHN QUINCY John Quincy Adams was more than just the sixth PRESIDENT OF THE UNITED STATES. He was a child of the American Revolution, having witnessed the Battle of Bunker Hill. He was the son of the nation’s second president, JOHN ADAMS . And he was a successful diplomat. Chosen president by the House after finishing second in the ELECTORAL COLLEGE, Adams became the first president to wear long trousers, rather than breeches, at his inauguration, on March 4, 1825. After one term as president, he went on to serve with distinction for 17 years in the House of Representatives. Adams was born on July 11, 1767, in Braintree, Massachusetts (now Quincy, Massa- chusetts). As the son of one of the nation’s founders, he had many opportunities not avail- able to other young men. Before reaching the age when young people today graduate from high school, Adams had established himself as a diplomat. He accompanied his father on diplo- matic missions to Europe in 1778 and 1780, where he studied in Paris, France, and in Amsterdam and Leiden, the Netherlands. In 1781, at the age of 14, Adams traveled with Francis Dana, the first American minister to Russia, as Dana’s private secretary and French interpreter. In 1783 the young Adams joined his father in Paris, where he served as one of the secretaries to the American commissioners in the negotiations of the peace treaty that concluded the American Revolution. Fearing alienation from his own country, Adams returned home in 1785 and, by virtue of his earlier studies, was able to enroll as a junior at Harvard College, from which he graduated in 1787. For three years Adams read law at New- buryport, Massachusetts, under THEOPHILUS PARSONS , and in 1790 he was admitted to the GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION 86 ADAMS, JOHN QUINCY bar. While struggling to find clients, Adams engaged in political journalism. He wrote a series of 11 articles controverting some of the doctrines presented in Thomas Paine’s Rights of Man (1791–92). In a second series of articles, he defended President George Washington’s policy of neutrality in the war between France and England in 1793. His third series of articles attacked those who wanted the United States to join France in a war against Britain. These articles impressed Washington so much that he appointed Adams U.S. minister to the Netherlands in May 1794. President Washington thought Adams one of the ablest officers in the foreign service. In 1796 he appointed Adams minister to Portugal. Before Adams’s departure for that new post, however, his father became president. Both Adamses felt that it was undesirable for the son of a president to hold a post in the father’s administration, but Washington urged that the younger Adams remain in the diplomatic corps, calling him the most valuable public person abroad. President Adams then appointed his son minister to Prussia. Before taking up his new post in Prussia, Adams was married, in London, to Louisa Catherine Johnson (1775–1852), daughter of the U.S. counsel i n London. In September 1801, with new president THOMAS JEFFERSON in the White House, Adams was called back from Prussia. In 1802 he was elected to the Massachusetts senate. One year later the state senate elected him to the U.S. Senate. (Prior to the passage of the SEVENTEENTH AMENDMENT in 1913, U.S . senators were elected by the senates of the individual states.) Adams had always considered himself a political independent, and he was given a chance to prove this in the U.S. Senate. After his election, he was set upon by forces opposed to the FEDERALIST PARTY, of which Adams was considered a member, and political enemies of his father. Instead of accepting his fate as a powerless and unpopular member of an unpopular political minority, Adams asserted his political independence. He began to vote with President Jefferson and the opposition Democratic-Republicans, and broke with his party completely in 1807 by supporting the EMBARGO ACT (46 App. U.S.C.A. § 328). This act, backed by Jefferson, placed an embargo on all John Quincy Adams. LIBRARY OF CONGRESS John Quincy Adams 1767–1848 ❖ ◆ ◆ ◆ ◆ 1767 Born, Braintree, Mass. 1775–83 American Revolution 1787 Graduated from Harvard College 1790 Admitted to Mass. bar 1796 Appointed minister to Prussia 1803–08 Served in U.S. Senate 1814–15 Key negotiator in Treaty of Ghent 1823 Developed the Monroe Doctrine 1825–29 Served as sixth president of the U.S. 1831–48 Served in the U.S. House of Representatives 1848 Died, Washington, D.C. ▼▼ ▼▼ 1775 1750 1800 1825 1850 ❖ GALE ENCYCLOPEDIA OF AMERICAN LAW, 3RD E DITION ADAMS, JOHN QUINCY 87 . president of the U.S. 18 26 Died July 4, Braintree, Mass.; Thomas Jefferson died, Charlottesville, Va. (same day) ▼▼ ▼▼ 17 0 017 00 17 5 017 50 17 7 517 75 18 0 018 00 18 2 518 25 17 2 517 25 FEAR IS THE FOUNDATION OF MOST GOVERNMENTS . —JOHN. Treaty of Ghent 18 23 Developed the Monroe Doctrine 18 25–29 Served as sixth president of the U.S. 18 31 48 Served in the U.S. House of Representatives 18 48 Died, Washington, D.C. ▼▼ ▼▼ 17 75 17 50 18 00 18 25 18 50 ❖ GALE. Continental Congress 17 65 Joined the Sons of Liberty 17 88 Became first vice president of the U.S. 17 75–83 American Revolution 17 97 18 01 Served as second president of the U.S. 18 24 His son John