. [Latin] (19c) Roman law. Ihe peoples
or nations of the world, particularly the civilized
peoples.
gentile (jen-tIl). [fro Latin gentilis] Roman law. A member
of a gens. See GENS.
gentium privatum. See private international law under
INTERNATIONAL LAW.
gentleman. (12c) Hist. 1. A man ofnoble or gentle birth
or rank; a man above the rank ofveoman. 2. A man
belonging to the landed gentry.  Today the term has
no precise legal meaning.
gentleman's agreement. See GENTLEMEN'S AGREE
MENT.
Gentleman Usher of the Black Rod. English law. An
officer ofthe House ofLords who has various ceremo
nial duties, including the summoning ofthe members
ofthe House ofCommons to the House ofLords when
a bill is to receive royal approvaL. The office dates from
the 14th century.
gentlemen's agreement. (1886) An unwritten agreement
that, while not legally enforceable, is secured by the
good faith and honor of the parties. -Also spelled
gentleman's agreement. [Cases: Contracts <:> L]
gentrification, n. (1973) The restoration and upgrad
ing of a deteriorated or aging urban neighborhood by
middle-class or affluent persons, resulting in increased
property values and often in displacement of lower
income residents. -gentrify, vb.
genuine, adj. (17c) 1. (Of a thing) authentic or real;
having the quality of what a given thing purports to
be or to have <the plaintiff failed to question whether
the exhibits were genuine>. 2. (Of an instrument) free
of forgery or counterfeiting <the bank teller could not

determine whether the signature on the check was
genuine>. UCC  1-201(18).
genuine issue ofmaterial fact. (1938) Civil procedure. In
the law of summary judgments, a triable, substantial, or
real question offact supported by substantial evidence.
-An issue ofthis kind precludes entry of summary
judgment. [Cases: Federal Civil Procedure C=>2470,
2470.1; Judgment C=> 181(2), 185(6).]
genus (jee-nCls or jen-Cls). (16c) A general class compris
ing several species or divisions. -In legal usage, the
terms genus and (sometimes) species invoke the taxo
nomic classification oflife forms in biological science.
For example, patent law is a species within the genus of
intellectual property; burglary is a species within the
genus of crime. In the law of sales, genus referred to
fungibles, while species referred to specific, individual
items. Cf. SPECIES (2).
genus claim. See generic claim under PATDIT CLAIM.
genus nunquam perit (jee-nCls n3n[g]-kwam per-it).
[Latin] Hist. The class never perishes . The phrase
appeared in reference to a quantity of contracted-for
goods of a certain class (rather than a single item), the
destruction of which did not discharge the seller's obli
gation.
geodetic-survey system (jee-Cl-det-ik). (1990) A federally
created land-description method consisting ofnation
wide marks (or benches) made at longitude and latitude
points. 1he geodetic-survey system integrates most of
the real property in the United States into one unified
form of measurement.
geographically descriptive trademark. See TRADE
MARK.
geographic market. See MARKET.
geographic name. See NAME.
geography of crime. See environmental criminology
under CRIMINOLOGY.
Georgia-Pacific analysis. Patents. A IS-factor test for
setting a reasonable royalty in infringement suits .
Among other factors, the test considers what a prudent
licensee would have paid while still being able to earn
a profit. Georgia-Pacific Corp. v. U.S. Plywood Corp.,
318 F. Supp. 1116 (S.D.N.Y. 1970). [Cases: Patents C=>
319(1).]
german (j<Jr-mCln), adj. (14c) Having the same parents
or grandparents; closely related.
brother-german. See BROTHER.
cousin-german. See C01JSIN (1).
sister-german. See SISTER.
germane (jClr-mayn), adj. (14c) Relevant; pertinent <the
caselaw cited in the brief was not germane to the legal
issue pending before the court> . Under parliamen
tary law, debate and amendments are in order only if
they are germane to the motion under consideration.
germanus (jdr-may-nds). [Latin] Roman law. 1. adj.
Having the same father and mother. Seefrater germanus under FRATER. 2. n. A whole brother; a child ofboth of
one's own parents.
gerrymandering (jer-ee-man-dClr-ing or ger-ee-), n.
(1812) 1. Ibe practice of dividing a geographical area
into electoral districts, often of highly irregular shape,
to give one political party an unfair advantage by
diluting the opposition's voting strength . When Mas
sachusetts Governor Elbridge Gerry ran for reelection
in 1812, members of his political party, the Anti-Fed
eralists, altered the state's voting districts to benefit the
party. One newly created district resembled a salaman
der, inspiring a critic to coin the word gerrymander by
combining the governor's name, Gerry, with the ending
of salamander. Gerry was not reelected governor, but
was elected as James Madison's vice preSident. -Also
termed political gerrymandering. [Cases: Constitu
tional Law (>3285,3658(5); Elections (;::-012(6).] 2.
Ihe practice ofdividing any geographical or jurisdic
tional area into political units (such as school districts)
to give some group a special advantage. Also termed
jurisdictional gerrymandering. Ct: REAPPORTIONMENT.
[Cases: Schools C=>32.]- gerrymander, vb.
delineational gerrymandering. Gerrymandering by
varying the districts' shape . There are three kinds of
delineational gerrymandering: cracking (or fractur
ing), packing, and stacking. See CRACKING; PACKING;
STACKING (2).
institutional gerrymandering. Gerrymandering by
means ofvarying the number of representatives per
district.
gersum (g3r-S<lm). HisL 1. Money paid for a thing;
specif., compensation paid by a tenant to a superior on
entering a holding. 2. A penalty or amercement paid
for an offense. -Also spelled garsumme; gersuma;
gersume; grassum. 3. GRESSUME.
gersumarius (jClr-s[y]CI-mair-ee-Cls). Hist. Finable; liable
to be fined at the discretion of a feudal superior . A
villein who gave his daughter in marriage was ger
sumarius -he was liable to pay a fine to the lord.
Geschmacksmuster. Patents. [German] See design patent
under PATENT.
Gestalt factors. The criteria that a court uses in a
minimum-contacts analysis to determine the rea
sonableness of subjecting a nonresident to personal
jurisdiction. -These fairness criteria include (1) the
defendant's burden of making a personal appearance,
(2) the forum state's interest in adjudicating the dispute,
(3) the plaintiff's interest in obtaining convenient and
eftective relief, (4) the judicial system's interest in
arriving at the most effective resolution of the contro
versy, and (5) the common interests of all sovereigns
in promoting substantive social policies. 'these factors
were articulated by the United States Supreme Court
in Burger King Corp. v. Rudzewicz, 471 U.S. 462, 478,
105 S.Ct. 2174, 2185 (1985), but the Court has never
used the term Gestalt factors; it was coined in Donatelli
v. National Hockey League, 893 F.2d 459, 465 (lst Cir.

757 gift
1990). See MINIMUM CONTACTS. [Cases: Courts
12(2.1); Federal Courts ~76.1O.]
gestational carrier. See surrogate mother (1) under
MOTHER.
gestational mother. See birth mother under MOTHER.
gestational surrogacy. See SURROGACY.
gestational surrogate. See surrogate mother (1) under
MOTHER.
gestio (jes-chee-oh), n. [Latin] (I6c) Roman law. 1.
Behavior or conduct. See GESTIO PRO HEREDE. 2. The
management of a thing, esp. a transaction. See NEGO
TIORUM GESTIO. -Also termed GESTION.
negotiorum gestio (ni-goh-shee-or-dm jes-chee-oh).
See NEGOTIORUM GESTIO.
gestio pro haerede (jes-chee-oh proh her-d-dee). [Latin
"behavior as heir") Roman & Hist. Scots law. An
appointed heir's conduct (such as selling or leasing the
decedent's property) that indicates the heir's intent to
receive the inheritance and thereby take on the estate's
debts; more broadly, any behavior as an heir. Also
spelled gestio pro haerede.
gestor (jes-tor), n. [Latin] Roman law. I. One who carries
on a business. 2. NEGOTIORUM GESTOR. PI. gestores.
gestu etfama (jes-t[y)oo et fay-md). [Latin "demeanor
and reputation"] Hist. A writ used by a person who
had been imprisoned because of a poor reputation in
the community to gain release from jail pending the
arrival of justices with commissions of gaol delivery.
See COMMISSION OF GAOL DELIVERY.
gestum (jes-tdm), n. [Latin] Roman law. A deed or an act;
a thing done. Gestum is synonymous with factum.
See FACTUM (2).
gesture. (ISc) A motion of the body calculated to express
a thought or emphasize a certain point <the prosecutor
was known for her dramatic gestures during closing
argument>.
get, n. (l9c) 1. A rabbinical divorce; a Jewish divorce.
2. Under Jewish law, a document Signed by a rabbi to
grant a divorce . Under Jewish law, a Jewish divorce
can be obtained only after the husband has given the
get to the wife, who must voluntarily accept it. Also
spelled gett. Pl. gittin. See rabbinical divorce under
DIVORCE.
get-up. See TRADE DRESS.
gewrit. Hist, A deed, charter, or similar writing.
ghost detainee, See secret detainee under DETAINEE.
ghosting. Ihe assumption of the identity of a deceased
person to conceal one's true identity. Cf. IDENTITY
THEFT.
gibbet (jib-it), n. (13c) Hist. A post with one arm extending
from the top, from which criminals are either executed
by hanging or suspended after death as a warning to
other potential offenders; a type ofgallows.
double gibbet. A gibbet with two arms extending from
its top so that it resembles a capital "1'." gibbet law. See HALIFAX LAW.
GIC. See guaranteed investment contract under INVEST
MENT CONTRACT.
GIFT. abbr. GAMETE INTRAFALLOPIAN TRANSFER.
gift, n. (12c) 1. The voluntary transfer of property to
another without compensation. [Cases: Gifts ~1.]2.
A thing so transferred. gift, vb.
absolute gift. See inter vivos gift.
anatomical gift. (1971) A testamentary donation of
a bodily organ or organs, esp. for transplant or for
medical research. -The procedures for making an
anatomical gift are set forth in the Uniform Anatomi
cal Gift Act, which has been adopted in every state.
[Cases: Dead Bodies
antenuptial gift. See prenuptial gift.
charitable gift. An inter vivos or testamentary donation
to a nonprofit organization for the relief of poverty,
the advancement of education, the advancement of
religion, the promotion of health, governmental, or
municipal purposes, and other purposes the accom
plishment of which is beneficial to the community.
Restatement (Second) ofTrusts  368 (1959). When
the beneficiary is a religious organization or the gift is
intended for a religious purpose, it is sometimes also
termed a pious gift. [Cases: Charities
class gift. (1949) A gift to a group of persons, uncertain
in number at the time ofthe gift but to be ascertained
at a future time, who are all to take in definite pro
portions, the share of each being dependent on the
ultimate number in the group.
''The typical class gift is to 'children,' 'issue,' 'heirs,'
'brothers and Sisters,' 'nieces and nephews,' 'grandchil
dren.' A class gift is one in which the donor intends to
benefit a group or a class of persons, as distinguished
from specific indiViduals; the class gift donor is said to be
'group-minded.' The class gift is one in which the donor
intends that the number of donees, from the time of the
delivery of the instrument of gift in the case of the inter
vivos gift, or from the time of the execution ofthe will in the
case of the testamentary gift, is subject to fluctuation by
way of increase or decrease, or by way of increase only, or
by way of decrease only, depending on the circumstances
of the gift." Thomas F. Bergin & Paul G. Haskell, Preface to
Estates in Land and Future Interests 136 (2d ed. 1984).
completed gift. (1952) A gift that is


ests 136 (2d ed. 1984).
completed gift. (1952) A gift that is no longer in the
donor's possession and control.  Only a completed
gift is taxable under the gift tax.
gift causa mortis (kaw-Zd mor-tis). (18e) A gift made
in contemplation of the donor's imminent death.
The three essentials are that (1) the gift must be made
with a view to the donor's present illness or peril,
(2) the donor must actually die from that illness or
peril, without ever recovering, and (3) there must be
a delivery. Even though causa mortis is the more usual
word order in modern law, the correct Latin phrasing
is mortis causa -hence gift mortis causa. Also
termed donatio causa mortis; donatio mortis causa;
gift in contemplation ofdeath; transfer in contempla
tion ofdeath. See CONTEMPLATION OF DEATH. [Cases:
Gifts G=S3-68.]

758 gift deed
"[Gifts causa mortis] are conditional, like legacies; and it
is essential to them that the donor make them in his last
illness, or in contemplation and expectation of death; and
with reference to their effect after his death, they are good,
notwithstanding a previous will; and if he recovers, the gift
becomes void." 2 James Kent, Commentaries on American
Law *444 (George Comstock ed., 11th ed. 1866).
"A 'gift causa mortis' ... is testamentary, and it is similar
to testamentary disposition in the respect that there
remains with the donor the power to revoke the gift until
his death. In some respects, a gift causa mortis may be said
to resemble a contract, for mutual consent and the concur
rent will of both parties are necessary to the validity of the
transfer." 38A CJ.S. Gifts  85, at 276-77 (1996).
gift in contemplation ofdeath. See gift causa mortis.
gift inter vivos. See inter vivos gift.
gift in trust. (18e) A gift oflegal title to property to
someone who will aet as trustee for the benefit of a
beneficiary.
gift over. (18e) A property gift (esp. by will) that takes
effeet after the expiration ofa preceding estate in the
property (such as a life estate or fee simple determin
able) <to Sarah for life, with gift over to Don in fee>.
[Cases: Wills (:::::614(2,3).]
gift splitting. See split gift.
gratuitous gift. A gift made without consideration, as
most gifts are. _ Strictly speaking, the term looks
redundant, but it answers to the donum gratuitum
ofRoman law.
inter vivos gift (in-tarvl-vohs orvee-vohs). (1848) A gift
ofpersonal property made during the donor's lifetime
and delivered to the donee with the intention ofirre
vocably surrendering control over the property.
Also termed gift inter vivos; lifetime gift; absolute gift
[Cases: Gifts C==' 1-33.]
lifetime gift. See inter vivos gift
manual gift. Civil law. A gift of movable, tangible
property, made by delivery without any formalities.
La. Civ. Code art. 1539.
onerous gift (ohn-a-rds or on-d-ras). A gift: made subject
to certain conditions imposed on the recipient.
pious gift. See charitable gift.
prenuptial gift (pree-nap-shal). (1921) A gift ofproperty
from one spouse to another before marriage. -In
community-property states, prenuptial gifts are
often made to preserve the property's classification
as separate property. -Also termed antenuptial gift.
[Cases: Husband and Wife (;::J250.]
split gift. (1957) Tax. A gift that is made by one spouse
to a third person and that, for gift-tax purposes, both
spouses treat as being made one-half by each spouse;
a gift in which the spouses combine their annual
gift-tax exclusions . A split gift, for example, is
eligible for two annual exclusions of$10,000 each,
or a total of $20,000 for one gift. -Also termed gift
splitting; gift-splitting election. See annual exclusion
under EXCLUSION (1). [Cases: Internal Revenue
4206.10.] substitute gift. (1934) A testamentary gift to one person
in place of another who is unable to take under the
will for some reason. Also termed substitutional
gift
taxable gift. (1922) A gift that, after adjusting for
the annual exclusion and applicable deductions, is
subject to the federal unified transfer tax. IRC (26
USCA)  2503. [Cases: Internal Revenue (:::::4203.10,
4206.10.]
testamentary gift (tes-ta-men-ta-ree or -tree). (18c) A
gift made in a will.
vested gift. (1820) An absolute gift, being neither con
ditional nor contingent, though its use or enjoyment
might not occur until sometime in the future.
gift deed. See DEED.
gift enterprise. (1858) 1. A scheme for the distribution
of items by chance among those who have purchased
shares in the scheme. [Cases: Lotteries (;::J3.] 2. A mer
chant's scheme to increase sales without lowering prices
by giving buyers tickets that carry a chance to win a
prize. _ Gift enterprises are regulated by state law. See
LOTTERY.
gifting circle. See GIFTING CLUB.
gifting club. A type ofpyramid scheme or Ponzi scheme
in which recruits make "gifts" of money to other club
members with the expectation that future recruits will
make "gifts" to the present recruits. -Many gifting
clubs limit membership to women. Club leaders usu.
try to evade income-tax laws by claiming that the
money paid in by a recruit is a tax-free "gift" to a club
member and warning new recruits not to expect "gifts"
in the future. Some states forbid gifting clubs as illegal
pyramid schemes. Other states hold that the dubs are
illegal lotteries. -Also termed gifting circle; sisterhood;
birthday club. See PONZI SCHEME. [Cases: Antitrust and
Trade Regulation
gift inter vivos. See inter vivos gift under GIFT.
gift in trust. See GIFT.
gift over. See GIFT.
gift splitting. See split gift under GIFT.
gift-splitting election. See split g!ft under GIFT.
Gifts to Minors Act. See UNIFORM TRANSFERS TO
MINORS ACT.
gift tax. See TAX.
gift-tax exclusion. See annual exclusion under EXCLU
SION.
gilda mercatoria (gil-d;.) mar-k;.}-tor-ee-;.}). [Law Latin]
Hist. A merchant guild; an incorporated society ofmer
chants having exclusive trading rights within a town.
gild hall. See GUILD HALL (1).
GI loan. See veteran's loan under LOAN.
gUour (gI-Iar). [Law French] Hist. A guiler; a person who
cheats or deceives . Gilour referred to a person who
sold false goods, such as a person who sold pewter as
silver.

759
gilt-edged, adj. (Ofa security) having the highest rating
for safety ofinvestment; exceptionally safe as an invest
ment.
Ginnie Mae (jin-ee may). See GOVERNMENT NATIONAL
MORTGAGE ASSOCIATION.
GIPSA. abbr. GRAIN INSPECTION, PACKERS, AND STOCK
YARD ADMINISTRATION.
girth (gJrth). [Old English] (13c) 1. A measure oflength,
equal to a yard. This term, which was used in Saxon
and early English law, was taken from the circumfer
ence ofa man's body. 2. The area surrounding a church.
3. A place of sanctuary. 4. A band or strap that encir
cles the body of an animal to fasten something (usu. a
saddle) to its back.
gisement 018-or jlz-m;:mt). [Law French] (16c) Archaic.
See AGISTMENT.
giser (jI-SJr), vb. [Law French] Hist. (Of an action) to
lie; to be capable of being brought as a suit in court.
'This verb, in its inflected form gist, appeared in such
phrases as ou assise ne gist point ("when an assise does
not lie"), Ie action bien gist ("the action well lies"), and
gist en Ie bouche ("it lies in the mouth"), and cest action
gist ("this action lies").
gisetaker (jIS-or jIz-tay-br). Archaic. See AGISTER.
gist (jist). (18c) 1. The ground or essence (of a legal
action) <the gist ofthe crime>. 2. 1he main point <she
skimmed the brief to get the gist of it>. This noun
derives from the Law French verb giser "to lie." See
GISER.
gist-of-the-action doctrine. The principle that a plain
tiff who brings a tort claim arising from a contractual
relationship must show that the contract and any con
tractual claim are collateral to the tort claim. -The
doctrine prevents plaintiffs from recasting contract
claims as tort claims. This term is most common in
Pennsylvania but also appears in New Jersey, Delaware,
the Virgin Islands, and elsewhere. [Cases: Action
27(1).)
give, vb. (13c) 1. To voluntarily transfer (property) to
another without compensation <Jack gave his daughter
a car on her birthday>. 2. To confer by a formal act
<the First Amendment gives all citizens the right to
free speech>. 3. To present for another to consider <the
witness gave compelling testimony before the jury>.
4. (Of a jury) to impose or award by verdict <the jury
gave the defendant the death penalty> <the jury gave
the plaintiffSl,OOO in damages>.
give bail, vb. To post security for one's appearance in
court <the court ordered the accused to give bail in the
amount of$10,000>. -Also termed post bail.
give color, vb. Hist. To admit, either expressly or impliedly
by silence, that an opponent's allegations appear to be
meritorious . In common-law pleading, a defendant's
plea of confession and avoidance had to give color to
the plaintiff's allegations in the complaint or the plea
would be fatally defective. See COLOR (2). global fund
give, devise, and bequeath, vb. (17c) To transfer property
by will <I give, devise, and bequeath all the rest, residue,
and remainder of my estate to my beloved daughter
Sarah>. This wording has long been criticized as
redundant. In modern usage, give ordinarily suffices.
See BEQUEST.
given name. See personal name under NAME.
give way, vb. Maritime law. (Of a vessel) to deviate from a
course, or to slow down, in accordance with navigation
rules, so that a second vessel may pass without altering
its course. [Cases: Collision e=.'29, 37.]
giving in payment. Civil law. The act of discharging a
debt by giving something to the creditor (with the cred
itor's consent) other than what was originally called for.
La. Civ. Code art. 2655. _ The phrase is a translation
ofthe French dation en paiement and derives from the
Roman datio in solutum. See DATION EN PAIEMENT. C
ACCORD AND SATISFACTION.
gladius (glay-dee-Js), n. [Latin "sword") Roman law.
The emblem of the emperor's power, esp. the power to
punish criminals. See JUS GLADlI.
glaive (glayv). (14c) Hist. A sword, lance, or horseman's
staff. The glaive was one of the weapons allowed in
a trial by combat.
glamour stock. See growth stock under STOCK.
glass ceiling. (1984) An actual or supposed upper limit
ofprofessional advancement, esp. for women, as a result
of discriminatory practices. [Cases: Civil Rights
1164.]
Glass-Steagall Act. A federal statute that protects bank
depOSitors by restricting the securities-related business
ofcommercial banks, specif. by prohibiting banks from
owning brokerage firms or engaging in the brokerage
business. 12 USCA  378. -Also termed Banking Act
of1933.
glebae ascriptitii. See ADSCRIPTl GLEBAE.
glebe (gleeb). [fro Latin gleba "clod of earth") (15c) 1.
Roman law. The soil of an inheritance; an agrarian
estate. Servi addicti glebae ("slaves bound to the land")
were serfs attached to and passing with the estate. 2.
Eccles. law. Land possessed as part of the endowment
or revenue ofa church or ecclesiastical benefice.
"Diocesan glebe land forms the largest section of ecclesi
astical conveyancing work by virtue of the large number
of glebe properties which are held in each diocese. Such
land is governed primarily by the Endowments and Glebe
Measure 1976 ... ,which in technical terms defines
'glebe land' as 'land vested in the incumbent of a benefice
(when the benefice is full) as part of the endowments of
the benefice other than parsonage land'; and 'diocesan
glebe land' as 'glebe land acquired by a diocesan board of
finance under any provision of this Measure and any other
land acquired by such a board, being land which by virtue
of, or of any enactment amended by, a provision of this
Measure is to be held as part of the diocesan glebe land
of the diocese.'" David Rees, Ecclesiastical Conveyancing
8 (1989).
global fund. See MUTUAL FUND.

Globe election


Conveyancing
8 (1989).
global fund. See MUTUAL FUND.

Globe election. Labor law. The procedure by which a
group ofemployees is given the opportunity to decide
whether to be represented as a distinct group or to be
represented as a part of a larger, existing unit. Globe
Machine & Stamping Co., 3 NLRB 294 (1937). -Also
termed self-determination election.
glos (glos), n. [Latin] Roman law. One's husband's
sister.
gloss, n. (l6c) 1. A note inserted between the lines or in
the margin of a text to explain a difficult or obscure
word in the text <this edition ofShakespeare's works is
bolstered by its many glosses on Elizabethan English>.
2. A collection ofexplanations; a glossary <the horn
book's copious gloss>. 3. (usu. pl.) A pronouncement
about meaning; an interpretation <the statutory
language needs no gloss>.
glossators (glah-say-t<lrz). (I5c) (usu. cap.) A group of
Italian jurisconsults who, from the 11th to the 13th
centuries, were primarily responsible for the revival
of the study of Roman law. -They originally worked
by glOSSing (that is, explaining in the margin) difficult
or unclear passages, and gradually their writings blos
somed into full-blown commentaries and discussions.
See POSTGLOSSATORS. glossatorial, adj.
Gloucester, Statute of (glos-tdr). Hist. A statute that
allowed a successful plaintiff to recover costs in addition
to damages. _ The statute was enacted in Gloucester. 6
Edw. I, ch. 1 (1278).
glove silver. Hist. Money given as an incentive or reward
to a court officer, esp. money given by a sheriff to an
assize official when no prisoners were left by the assize
for execution. _ The name derives from the practice
of giving money to servants, ostensibly to buy gloves
with.
GMI. abbr. GUILTY BUT MENTALLY ILL.
GMT. abbr. GENETIC-MARKER TEST.
GNMA. abbr. GOVERNMENT NATIONAL MORTGAGE ASSO
CIATION.
GNP. abbr. GROSS NATIONAL PRODUCT.
go bail, vb. Archaic. To act as a surety on a bail bond.
Godbote. See BOTE (2).
God-gild. Hist. Money paid or something offered for the
service of God; esp., a payment of money or a gift (for
example, land) to a church. See FRANKALMOIN.
godparent. (1865) Eccles. law. A person, usu. a close
family friend or relative, who accepts a parent's invita
tion to assume part ofthe responsibility for the reli
gious education ofa newly baptized child. -Often, too,
there is an understanding that the godparent would
help support and rear the child if the parents were to
die or become incapacitated. The spiritual parent
child relationship creates a canonical impediment
to marriage. -Also termed (more specifically) god
mother; godfather; (in eccles. law) sponsor. God's penny. Hist. Earnest money; a small sum paid on
the striking ofa bargain. -Also termed denarius Dei;
earnest-penny;godpenny. See ARRA.
"It is among the merchants that the giving of earnest
first ... becomes a form which binds both buyer and
seller in a contract of sale. To all appearances this change
was not accomplished without the intermediation of a reli
gious idea. All over western Europe the earnest becomes
known as the God's penny or Holy Ghost's penny (denarius
Dei) .... " 2 Frederick Pollock &. Frederic W. Maitland, The
History ofEnglish Law Before the Time ofEdward 1208 (2d
ed.1899).
go forward, vb. (1964) To commence or carryon with the
presentation of a case in court <after the lunch recess,
the judge instructed the plaintiff to go forward with
its case>.
go hence without day. (18c) (Of a defendant to a lawsuit)
to be finished with legal proceedings without any
further settings on the court's calendar. -Thus, a
defendant who "goes hence without day" succeeds in
getting a case finally resolved, usu. by dismissal. The
phrase derives from the Law French phrase aller sans
jour, and over time defendants came to use it to request
that the case against them be dismissed without the
necessity of a day in court. -Sometimes shortened to
go without day; without day. See SINE DIE.
going-and-coming rule. (1927) 1. 1he principle that
torts committed by an employee while commuting to
or from work are generally outside the scope ofemploy
ment. [Cases: Labor and Employment (;:::>3045.) 2. The
principle that denies workers'-compensation benefits to
an employee injured while commuting to or from work.
ef. COMMERCIAL-TRAVELER RULE. [Cases: Workers'
Compensation (;:::>7l9-757.]
going concern. (1881) A commercial enterprise actively
engaging in business with the expectation ofindefinite
continuance. -Also termed going business.
going-concern value. See VALUE (2).
going price, n. (I8c) The prevailing or current market
value ofsomething. Seefair market value under VALUE
(2).
going private. The process of changing a public cor
poration into a close corporation by terminating the
corporation's status with the SEC as a publicly held
corporation and by having its outstanding publicly
held shares acquired by a single shareholder or a small
group. [Cases: Securities Regulation C::~'60.23.1
gOing-private transaction. See FREEZE OUT.
going public. The process of a company's selling stock
to the investing public for the first time (after filing a
registration statement under applicable securities laws),
thereby becoming a public corporation. [Cases: Securi
ties Regulation G~)11.10-11.14.]
going through the bar. Hist. A daily process in which
the court would ask all barristers present whether they
had motions to present. _ Ihis practice, which ended
in 1873, was conducted according to seniority, except
for the last day of a term, when the junior barristers
were asked first.

761
going to the country. Hist. The act of requesting a
jury trial. - A defendant was said to be "going to the
country" by concluding a pleading with the phrase
"and of this he puts himself upon the country." Simi
larly, a plaintiff would conclude a pleading with the
phrase "and this the plaintiff prays may be enquired of
by the country." Also termed go to the country. Cf.
CONCLt;SION TO THE COUNTRY.
going value. See going-concern value under VALUE (2).
going witness. See WITNESS.
gold bond. See BOND (3).
gold certificate. Hist. A bank note issued by the United
States Treasury from 1863 to 1934 and redeemable in
gold. _ When'the United States abandoned the gold
standard in 1933, Congress declared ownership of
gold certificates illegal even though the Treasury con
tinued to issue them until mid-1934. The certificates
were legalized again in 1964, but they can no longer be
redeemed for gold. They now have the same status as
Federal Reserve notes, which are not redeemable for
precious metal. Cf. FEDERAL RESERVE NOTE; SILVER
CERTIFICATE. [Cases: United States (;::::>34.]
gold clause. A provision calling for payment in gold.
Gold clauses, which are now void, were once used in
contracts, bonds, and mortgages.
golden handcuffs. Remuneration set at such a high level
that the employee earning it cannot leave the firm or
company and receive commensurate pay elsewhere.
-As a result, the employee often stays in the position
even if it is otherwise unrewarding or unpleasant.
golden handshake. Corporations. A generous compensa
tion package offered to an employee, usu. as an induce
ment to retire or upon dismissal.
golden parachute. (1981) Corporations. An employ
ment-contract provision that grants an upper-level
executive lucrative severance benefits -including
long-term salary guarantees or bonuses -if control
ofthe company changes hands (as by a merger). Cf. TIN
PARACHUTE. [Cases: Corporations (;::::>308(3).]
"Key executives may be provided with significant employ
ment contract clauses that are triggered only by a change
in the firm's control through a sale, merger, acquiSition,
or takeover. These contract clauses are commonly termed
golden parachutes. and they generally provide that if
control over the employer's business occurs and the new
management terminates the executive. additional compen
sation will be received .... Golden parachutes are useful
in providing longterm incentives for executives to enter
industries in which takeover chances are above average.
Generally, golden parachutes do not violate public policy."
Kurt H. Decker & H. Thomas Felix II, Drafting and Revising
Employment Contracts  3.33, at 84 (1991).
golden rule. The principle that, in construing written
instruments, a court should adhere to the grammatical
and ordinary sense ofthe words unless that adherence
would lead to some manifest absurdity; esp., in statu
tory construction, the principle that ifa statute's literal
meaning would lead to an absurd or unjust result, or
even to an inconsistency within the statute itself, the
statute should be interpreted in a way that avoids such I
i
i good delivery
a result or inconsistency. -Also termed Baron Parke's
rule. Cf. ABSURDITY; MISCHIEF RULE; PLAIN-MEANING
RULE; EQUITY-OF-THE-STATUTE RULE. [Cases: Statutes
(;::::> 181(2), 189.]
"[Tlhe 'golden' rule ... allows for a departure from the
literal rule when the application of the statutory words in
the ordinary sense would be repugnant to or inconsistent
with some other provision in the statute or even when it
would lead to what the court considers to be an absurdity.
The usual consequence of applying the golden rule is that
words which are in the statute are ignored or words which
are not there are read in. The scope of the golden rule is
debatable, particularly so far as the meaning of an 'absur
dity' is concerned." Rupert Cross, Statutory Interpretation
14 (1976).
golden-rule argument. A jury argument in which a
lawyer asks the jurors to reach a verdict by imagining
themselves or someone they care about in the place of
the injured plaintiff or crime victim. _ Because golden
rule arguments ask the jurors to become advocates
for the plaintiff or victim and to ignore their obliga
tion to exercise calm and reasonable judgment, these
arguments are Widely condemned and are considered
improper in most states. [Cases: Trial (;::::> 125(1).]
goldsmiths' notes. Hist. Bankers' cash notes; promis
sory notes given by bankers to customers as acknowl
edgments of the receipt of money. -This term derives
from the London banking business, which originally
was transacted by goldsmiths.
gold standard. (19c) A monetary system in which currency
is convertible into its legal equivalent in gold or gold coin.
-The United States adopted the gold standard in 1900
and abandoned it in 1934. Cf. PAPER STANDARD.
good, adj. (bef. 12c) 1. Sound or reliable <a good invest
ment>. 2. Valid, effectual, and enforceable; sufficient
under the law <good title>.
good, n. See GOODS.
good and lawful fence. See LAWFUL FENCE.
good and merchantable abstract oftitle. See ABSTRACT
OF TITLE.
good and valuable consideration. See valuable consid
eration under CONSIDERATION (1).
good and workmanlike. (18c) (Of a product or service)
characterized by quality craftsmanship; constructed or
performed in a skillful way or method <the house was
built in a good and workmanlike manner>.
good behavior. (16c) 1. A standard by which judges are
considered fit to continue their tenure, consisting in the
avoicance of criminal behavior. [Cases: Judges (;::::>7.]
2. Orderly conduct, which in the context of penal law
allows a prisoner to reduce the time spent in prison. Cf.
good time under TIME. [Cases: Prisons (;=='243.]
good cause. See CAUSE (2).
good cause shown. See good cause under CAUSE (2).
good consideration. See CONSIDERATION (1).
good deed. See DEED.
good delivery. See DELIVERY.

good faith, n. (lSc) A state of mind consisting in (1)
honesty in belief or purpose, (2) faithfulness to one's
duty or obligation, (3) observance of reasonable com
mercial standards of fair dealing in a given trade or
business, or (4) absence of intent to defraud or to seek
unconscionable advantage. -Also termed bona fides.
Cf. BAD FAITH. good-faith, adj.
'The phrase 'good faith' is used in a variety of contexts,
and its meaning varies somewhat with the context. Good
faith performance or enforcement of a contract empha
sizes faithfulness to an agreed common purpose and con
sistency with thejustified expectations of the other party;
it excludes a variety of types of conduct characterized
as involving 'bad faith' because they violate community
standards of decency, fairness or reasonableness. The
appropriate remedy for a breach of the duty of good faith
also varies with the circumstances." Restatement (Second)
of Contracts  205 cmt. a (1979).
"[Glood faith is an elusive idea, taking on different
meanings and emphases as we move from one context to
another -whether the


is an elusive idea, taking on different
meanings and emphases as we move from one context to
another -whether the particular context is supplied by the
type of legal system (e.g., common law, civilian, or hybrid).
the type of contract (e.g., commercial or consumer), or the
nature of the subject matter of the contract (e.g., insur
ance, employment, sale of goods, financial services, and
so on)." Roger Brownsword et aI., "Good Faith in Contract,"
in Good Faith in Contract: Concept and Context 1, 3 (Roger
Brownsword ed., 1999).
good-faith bargaining. Labor law. Negotiations between
an employer and a representative of employees, usu. a
union, in which both parties meet and confer at reason
able times with open minds and with a view to reaching
an agreement. The National Labor Relations Act
requires good-faith bargaining, and failure to bargain
in good faith is considered an unfair labor practice.
29 USCA  151-169. See UNFAIR LABOR PRACTICE.
[Cases: Labor and Employment C=:> 11 14.]
good-faith exception. (1980) Criminal procedure. An
exception to the exclUSionary rule whereby evidence
obtained under a warrant later found to be invalid (esp.
because it is not supported by probable cause) is none
theless admissible if the police reasonably relied on
the notion that the warrant was valid . The Supreme
Court adopted the good-faith exception in United
States v. Leon, 468 U.S. 897, 104 S.Ct. 3405 (1984).
[Cases: Criminal Law C=,394.4(6).]
good-faith improver. A person who makes improve
ments to real property while actually and reasonably
believing himself or herself to be the owner or lawful
occupant.  The improver may be entitled to recover
the value ofthe improvements from the true owner or
to remove them. See IMPROVEMENT. [Cases: Improve
ments C=:>4(2).]
good-faith margin. See MARGIN.
good-faith purchaser. See bona fide purchaser under
PURCHASER (1).
good-guy clause. See good-guy guaranty under
GUARANTY.
good-guy guaranty, See GUARANTY.
good health. Insurance. A state of reasonable healthi
ness; a state ofhealth free from serious disease . Good health, a phrase often appearing in life-insurance
policies, does not mean perfect health. Also termed
sound health. [Cases: Insurance 3003(8).]
"As used in poliCies of insurance, there is no material differ
ence between the terms 'sound health' and 'good health,'
and generally it appears that the two terms are consid
ered to be synonymous. Such expressions are comparative
terms, and the rule followed generally is that the term
'good health' or 'sound health,' when used in an insurance
contract, means that the applicant has no grave, important,
or serious disease, and is free from any ailment that serio
ously affects the general soundness or healthfulness of his
system." 43 Am.Jur. 2d Insurance  1061, at 1069 (1982).
good jury. See special jury under TURY.
good moral character, n. (18c) 1. A pattern of behavior
that is consistent with the community's current
ethical standards and that shows an absence of deceit
or morally reprehensible conduct . An alien seeking
to be naturalized must show good moral character in
the five years preceding the petition for naturalization.
[Cases: Aliens, Immigration, and Citizenship C=:>703.]
2. A pattern of behavior conforming to a profession'S
ethical standards and showing an absence of moral tur
pitude. Good moral character is usu. a requirement
ofpersons applying to practice a profeSSion such as law
or medicine. [Cases: Licenses C=:>20.]
good offices. Int'llaw. The involvement of one or more
countries or an international organization in a dispute
between other countries with the aim of contributing
to its settlement or at least easing relations between the
disputing countries.
good ofthe order. Parliamentary law. A time scheduled,
usu. late in a meeting, for informal announcements,
comments, and suggestions that do not seek the meet
ing's immediate action. -Also termed general good
and welfare; open forum; open microphone.
Goodright. Rist. A name sometimes used as a fictitious
plaintiff in an ejectment action . "John Doe" was used
more frequently. -Also termed Goodtitle. Cf. JOHN
DOE.
goods. (bef. 12c) I. Tangible or movable personal
property other than money; esp., articles of trade or
items ofmerchandise <goods and services> . lhe sale
of goods is governed by Article 2 of the UCC. [Cases:
Sales 10.] 2. Things that have value, whether
tangible or not <the importance ofsocial goods varies
from society to society>.
"'Goods' means all things (including specially manufactured
goods) which are movable at the time of identification to
the contract for sale other than the money in which the
price is to be paid, investment securities, (Article 8), and
things in action. 'Goods' also includes the unborn young
of animals and growing crops and other identified things
attached to realty as described in the section on goods to
be severed from realty (Section 2107)." UCC  2-lO5(1).
bulky goods. Goods that are obviously difficult to
move because of their nature, their number, or their
location.
capital goods. Goods (such as equipment and machin
ery) used for the production of other goods or
services. -Also termed industrial goods.

763 goodwill
consumer goods. Goods bought or used primarily for
personal, family, or household purposes, and not for
resale or for producing other goods. UCC  9-102(23).
[Cases: Secured Transactions C~l5.J
customers' goods. Insurance. Goods belonging to the
customers ofa casualty-insurance policyholder; goods
held by a policyholder as a bailee.
distressed goods. Goods sold at unusually low prices
or at a loss.
durable goods. Consumer goods that are designed to
be used repeatedly over a long period, such as auto
mobiles or refrigerators. -Also termed durables;
hard goods.
fungible goods (f;m-jd-b<ll). Goods that are interchange
able with one another; goods that, by nature or trade
usage, are the equivalent of any other like unit, such
as coffee or grain. UCC  l-201(b)(l8).
future goods. Goods that will come into being, such
as those yet to be manufactured; goods that are not
both existing and identified. A purported present
sale offuture goods or any interest in them operates
as a contract to sell. UCC  2-105(2).
gray-market goods. See PARALLEL IMPORTS.
hard goods. See durable goods.
household goods. Goods that are used in connection
with a home . 111is term usu. arises when a ware
houser claims a lien on what he or she asserts are
"household" goods. According to the UCC, a ware
houser may claim a lien on a depositor's furniture,
furnishings, and personal effects that are used in a
dwelling. "GCC  7-209(d).
industrial goods. See capital goods.
mobile goods. Goods that are normally used in more
than one jurisdiction (such as shipping containers
and road-construction machinery) and that are held
by the debtor as equipment or leased by the debtor to
others. Under previous drafts ofthe Uniform Com
mercial Code, the procedure for perfecting a security
interest in mobile goods was generally defined by
the law of the state where the debtor is located. The
current UCC does not distinguish mobile goods. See
ordinary goods. DCC  9-103(3).
nonconforming goods. Goods that fail to meet con
tractual specifications, allowing the buyer to reject
the tender ofthe goods or to revoke their acceptance.
DCC  2-601, 2-608. See PERFECT-TENDER RULE.
[Cases: Sales C:::> 119, 166(1).J
ordinary goods. Goods that are anything other than
mobile goods, minerals, or goods covered by a cer
tificate oftitle. UCC  9-103(l)(a). The current UCC
does not distinguish between ordinary and mobile
goods. [Cases: Secured Transactions C=:::' 14.]
prize goods. Goods captured at sea during wartime.
soft goods. Consumer goods (such as clothing) that are
not durable goods. Good Samaritan action.!. A deed performed gratu
itously by a person to help another who is in peril.
Also termed Good Samaritan act. See GOOD SAMARITAN
DOCTRINE; GOOD SAMARITAN LAW. 2. A lawsuit brought
by a person or group for the benefit of all or part of a
community.
Good Samaritan doctrine (s<l-mar-i-tdn). (l952) Torts.
The principle that a person who is injured while
attempting to aid another in imminent danger, and
who then sues the one whose negligence created the
danger, will not be charged with contributory negli
gence unless the rescue attempt is an unreasonable
one or the rescuer acts unreasonably in performing the
attempted rescue. Cf. EMERGENCY DOCTRINE; RESCUE
DOCTRINE; LOST-CHANCE DOCTRINE. [Cases: Negli
gence C~510(3).J
good-samaritan law. (l965) A statute that exempts
from liability a person (such as an off-duty physician)
who voluntarily renders aid to another in imminent
danger but negligently causes injury while rendering
the aid. Some form of good-samaritan legislation
has been enacted in all 50 states and in the District
ofColumbia. -Also written Good Samaritan law.
Also termed good-samaritan statute. Cf. GOOD SAMARI
TAN DOCTRINE. [Cases: Health C=:::'769; Negligence
284.]
"The so-called 'Good Samaritan Statutes' ... do not require
aid to be given. They merely encourage doctors to stop
and give aid to strangers in emergency situations by pro
viding that no physician who in good faith renders such
aid shall be liable in civil damages as a result of acts or
omissions in rendering such aid. Some states have enacted
statutes that require a person who is able to do so with no
danger or peril to himself to come to the aid of another
who is exposed to grave physical harm." Rollin M. Perkins
& Ronald N. Boyce, Criminal Law 661 (3d ed. 1982),
goods and chattels (chat-<Ilz), n. (16c) Loosely, personal
property of any kind; occasionally, tangible personal
property only. -Also termed goods and effects; goods
and merchandise.
good-soldier defense. An excuse theory based on the
assertion that a defendant was following orders, esp.
of a military or corporate superior. The term is a
derisive label rather than a valid defense. Following
an order does not relieve a defendant of responsibility
for wrongful acts unless there are circumstances that
would amount to coercion.
good time. See TIME.
good-time law. A statute allOWing a prisoner's sentence
to be reduced by a stated number of days for each
month or year ofgood behavior while incarcerated.
Also termed good-time statute.
good title. See TITLE (2).
goodwill. (bef. 12c) A business's reputation, patronage,
and other intangible assets that are considered when
appraising the business, esp. for purchase; the ability
to earn income in excess of the income that would be
expected from the business viewed as a mere collection
ofassets. Because an established business's trademark
or servicemark is a symbol of goodwill, trademark

goose case 764
infringement is a form oftheft: ofgoodwill. By the same
token, when a trademark is assigned, the goodwill that
it carries is also assigned. -Also written good will.
Also termed enterprise goodwill; commercial goodwill;
practice goodwill; economic goodwill. Cf. going-concern
value under VALUE (2). [Cases: Good Will C;:)1,
"[Goodwill] is only another name for reputation, credit,
honesty, fair name, reliability." Harry D. Nims, The Law of
Unfair Competition and Trade-Marks 36 (1929).
"Good will is to be distinguished from that element of value
referred to variously as going-concern value, gOing value,
or going business. Although some courts have stated that
the difference is merely technical and that it is unimportant
to attempt to separate these intangibles, it is generally
held that going-concern value is that which inheres in a
plant of an established business." 38 Am. Jur. 2d Good Will
 2, at 913 (1968).
individual goodwill. See personal goodwill.
personal goodwill. Goodwill attributable to an indi
vidual's skills, knowledge, efforts, training, or reputa
tion in making a business successful. Also termed
professional goodwill; separate goodwill; individual
goodwill.
professional goodwill. See personal goodwill.
separate goodwill. See personal goodwill.
goose case. See WHITEHORSE CASE.
goosehorn, n. Slang. A bawdy house; a house ofprostitu
tion. See DISORDERLY HOUSE.
gore (gor), n. (bef. 12c) 1. Hist. A small, narrow slip of
land. 2. A small (often triangular) piece of land, such
as may be left between surveys that do not close. 3. In
some New England states (such as Maine and Vermont),
a county's subdivision that has little population and
thus is not organized as a town.
Gothland sea laws. See LAWS OF VISBY.
go to protest. (Ofcommercial paper) to be dishonored
by nonpayment or nonacceptance <the draft: will go to
protest>. See DISHONOR (1); PRO


onored
by nonpayment or nonacceptance <the draft: will go to
protest>. See DISHONOR (1); PROTEST (2).
go to the country. See GOING TO THE COUNTRY.
govern, vb. (l4c) (Of a precedent) to control a point in
issue <the Smith case will govern the outcome of the
appeal>.
governing body. 1. GOVERNMENT (2). 2. A group of(esp.
corporate) officers or persons having ultimate control
<the board ofdirectors is the governing body ofXYZ,
Inc.>.
governing document. See DOCUMENT.
government. (l4c) l. The structure of principles and
rules determining how a state or organization is regu
lated. 2. The sovereign power in a nation or state. 3. An
organization through which a body ofpeople exercises
political authority; the machinery by which sovereign
power is expressed <the Canadian government> . In
this sense, the term refers collectively to the political
organs ofa country regardless oftheir function or level,
and regardless ofthe subject matter they deal with. Cf.
NATION; STATE. central government. See federal government (1).
de facto government (di fak-toh). 1. A government that
has taken over the regular government and exercises
sovereignty over a nation. 2. An independent gov
ernment established and exercised by a group of a
country's inhabitants who have separated themselves
from the parent state. -Also termed government de
facto.
de jure government. A functioning government that
is legally established. -Also termed government de
jure.
federal government. 1. A national government that
exercises some degree ofcontrol over smaller political
units that have surrendered some degree ofpower in
exchange for the right to participate in national politi
cal matters. -Also termed (in federal states) central
government. 2. The U.S. government. Also termed
national government. [Cases: United States C=~1.]
government de facto. See de facto government.
government de jure. See de jure government.
local government. The government of a particular
locality, such as a city, county, or parish; a governing
body at a lower level than the state government.
The term includes a school district, fire district, trans
portation authority, and any other special-purpose
district or authority. Also termed municipal gov
ernment. [Cases: Municipal Corporations C=6.]
mixed government. A government containing a blend
offorms, as in democracy and monarchy.
municipal government. See local government.
national government. 1. See NATIONAL GOVERNMENT.
2. Seefederal government (2).
proprietary government. Hist. A government granted
by the Crown to an individual, in the nature of a
feudatory principality, with powers of legislation
formerly belonging to the owner ofa county palatine.
Cf. COUNTY PALATINE.
provisional government. A government temporarily
established to govern until a permanent one is orga
nized to replace it.
republican government. A government in the repub
lican form; specif., a government by representatives
chosen by the people. [Cases: States C::::>4.3.]
state government. The government of a state of the
United States. [Cases: States C::::> 1.]
4. The executive branch ofthe U.S. government. 5. lhe
prosecutors in a given criminal case <the government
has objected to the introduction of that evidence>. 6.
An academic course devoted to the study of govern
ment; political science <Bridges is enrolled in Govern
ment 101>.
government agency. See AGENCY (3).
government-agency defense. Torts. An affirmative
defense that immunizes a contractor from liability
upon proof that the contractor acted on the govern
ment's behalf as an agent or as a government officer.

165 government-in-exile
-This defense is extremely limited because of the dif
ficulty ofestablishing the government-agent relation
ship. See Yearsley v. WA. Ross Constr. Co., 309 U.S. 18,
20-22,60 S. Ct. 413, 414-15 (1940). Cf. GOVERNMENT
CONTRACTOR DEFENSE; CONTRACT-SPECIFICA nON
DEFENSE.
government-agency security. See government security
under SECURITY.
government agent. See AGENT (2).
governmental act. See GOVERNMENTAL F1:NCTION.
governmental activity. See GOVERNMENTAL FUNCTION.
governmental employee benefit plan. See governmental
plan under EMPLOYEE BENEFIT PLAN.
governmental enterprise. See ENTERPRISE.
governmental function. (1817) Torts. A government
agency's conduct that is expressly or impliedly mandated
or authorized by constitution, statute, or other law and
that is carried out for the benefit of the general public.
-Generally, a governmental entity is immune from
tort liability for governmental acts. -Also termed
governmental act; governmental activity. See PUBLIC
FUNCTION TEST. Cf. PROPRIETARY FUNCTION. [Cases:
Municipal Corporations (;:::>724.)
"[A]ctivities of police or firefighters, though tortious, are
usually considered governmental in the sense that they
involve the kind of power expected of the government,
even if its exercise in the specific case is wrongful. The
city is immune as to such activities for this reason. On the
other hand, if the city operates a local electric or water
company for which fees are charged, this looks very much
like private enterprise and is usually considered proprio
etary.... The difficult distinction between governmental
and proprietary functions is even more troubling where
the city's conduct combines both kinds of function at
once. For example, operation of a sanitary sewer may be
deemed governmental, but operation of a storm sewer
may be deemed proprietary." Prosser and Keeton on the
Law of Torts  131, at 1053-54 (W. Page Keeton ed., 5th
ed. 1984).
governmental-function theory. (1936) Constitutional
law. A principle by which private conduct is charac
terized as state action, esp. for due-process and equal
protection purposes, when a private party is exercising
a public function. _ Under this theory, for example, a
political party (which is a private entity) cannot exclude
voters from primary elections on the basis of race.
Also termed public-function rationale. [Cases: Civil
Rights 1326(4,7); Constitutional Law C:::>213(4),
254(4).)
governmental immunity. See sovereign immunity under
IMMUNITY (1).
governmental instrumentality. (1854) A constitution
ally or legislatively created agency that is immune
from certain kinds ofliability, as for taxes or punitive
damages. [Cases: United States
governmental-interest-analysis technique. See INTER
EST-ANALYSIS TECH:-IIQUE.
governmental plan. See EMPLOYEE BENEFIT PLAN.
governmental secret. See STATE SECRET. governmental trust. See TRUST.
governmental unit. A subdivision, agency, department,
county, parish, municipality, or other unit of the gov
ernment of a countrv or a state . The term includes an
organization with a'separate corporate existence only
if the organization can legally issue debt obligations on
which interest is exempt from income taxation under
national law. UCC  9-102(a)(45). [Cases: Municipal
Corporations C:::>6.)
government-annuity society. Hist. One ofseveral orga
nizations formed in England to enable the working
class to provide for themselves by purchasing, on
advantageous terms, a government annuity for life or
for a term ofyears.
government bond. 1. See savings bond under BOND (3).
2. See government security under SECURITY.
government contract. See CONTRACT.
government-contractor defense. An affirmative defense
that immunizes a government contractor from civil
liability under state law when the contractor complies
with government specifications. -Immunization is
extended when two conditions are satisfied: (1) the
supplier warned the government about any dangers
presented by the goods about which the supplier had
knowledge but the government did not, and (2) the
government itself is immune from liability under the
Feres doctrine. Essentially, this federal common-law
defense, which has been applied in cases ofnegligence,
strict liability, and breach ofwarranty, extends sover
eign immunity over the contractor. The leading case
on this defense is Boyle v. United Techs. Corp., 487
U.S. 500, 108 S.Ct. 2510 (1988). Also termed Boyle
defense; government-contract defense; government
contract-specification defense; (in military context)
military-contractor defense. See FERES DOCTRINE. Cf.
GOVERNMENT-AGENCY DEFENSE. [Cases: Aviation
13; Products Liability
government-contract-specification defense. See GOV
ERNMENT-COKTRACTOR DEFENSE.
government-controlled corporation. See quasi-govern
mental agency under AGENCY (3).
government corporation. See public corporation (3)
under CORPORATION.
government de facto. See de facto government under
GOVERNMENT.
government de jure. See de jure government under GOV
ERNMENT.
government enterprise. See governmental enterprise
under ENTERPRISE.
government immunity. See sovereign immunity under
IMMUNITY (1).
government-in-exile. An individual or group of indi
viduals residing in a foreign country while (1) claiming
supreme authority over a country, (2) being recognized
by the hosting country as the supreme authority over
that other country, and (3) being organized to perform

766 government insurance
and actually performing some acts of state on behalf
of the home country.
government insurance. See INSURANCE.
government land. See public land under LAND.
Government National Mortgage Association. A fed
erally owned corporation in the U.S. Department
of Housing and Urban Development responsible for
guaranteeing mortgage-backed securities composed
of FHA-insured or VA-guaranteed mortgage loans .
The Association purchases, on the secondary market,
residential mortgages originated by local lenders; it
then issues federally insured securities backed by these
mortgages. -Abbr. GNMA. Also termed Ginnie
Mae. [Cases: United States ~53(9).]
government oflaws. The doctrine that government must
operate according to established, consistent legal prin
ciples and not according to the interests of those who
happen to be in power at a given time; esp., the doctrine
that judicial decisions must be based on the law, regard
less ofthe character of the litigants or the personal pre
dilections ofthe judge.
government plan. See governmental plan under EM
PLOYEE BENEFIT PLAN.
Government Printing Office. An office in the legisla
tive branch of the federal government responsible for
printing and distributing congressional publications
and publications ofother agencies ofthe United States
government.  The Office is supervised by the Congres
sional Joint Committee on Printing. It began operating
in 1860. Abbr. GPO.
government secret. See STATE SECRET.
government-securities interdealer broker. See BROKER.
government security. See SECURITY.
government survey. See SURVEY.
government-survey system. A land-description method
that divides the United States into checks or tracts of
ground, which are further broken down into smaller
descriptions, such as metes and bounds.
government tort. See TORT.
governor. (14c) The chief executive official of a U.S. state .
 Governors are elected and usu. serve a two-or four
year term. [Cases: States
go without day. See GO HENCE WITHOUT DAY.
GPARM. See graduated-payment adjustable-rate
mortgage under MORTGAGE.
GPO. abbr. GOVERNMENT PRINTING OFFICE.
grab law. (1884) The various means of debt collection
involving remedies outside the scope of federal bank
ruptcy law, such as attachment and garnishment;
aggressive collection practices. [Cases: Attachment ~
1; Garnishment ~1.]
grace period. (1945) 1. A period of extra time allowed for
taking some required action (such as making payment)
without incurring the usual penalty for being late .
Insurance policies typically provide for a grace period of 30 days beyond the premium's due date, during
which the premium may be paid without the policy
being canceled. And Article 9 of the UCC provides for
a lO-day grace period, after the collateral is received,
during which a purchase-money security interest
must be perfected to have priority over any conflicting
security interests. -Also termed days ofgrace; grace
days. 2. Patents. The one-year interval allowed by the
U.S. Patent Act between the time an invention is used
in public, sold, offered for sale, or disclosed in a publi
cation and the time the inventor applies for a patent .
Most countries follow the doctrine of absolute priority
and do not allow a grace period. Sometimes short
ened to grace. Cf. STATUTORY BAR; absolute novelty
under NOVELTY.
gradatim (gr<l-day-t<lm), adv. (16c) [Latin] Roman law.
Gradually; by successive degrees of relationship .
Gradatim refers to the step-by-step admission of succes
sors when there is no heir next in line. See GRADUS.
grade, n. Criminal law. An incremental step in the scale
of punishments for offenses, based on a particular
offense's seriousness <several grades of murder>. See
DEGREE (2).
graded offense. See OFFENSE (1).
grading. The fixing of a criminal offense at a level of
seriousness, such as first degree, second degree,


1).
grading. The fixing of a criminal offense at a level of
seriousness, such as first degree, second degree, or third
degree (in reference to a felony), or Class A, Class B, or
Class C (in reference to a misdemeanor). See DEGREE
OF CRIME. [Cases: Criminal Law
gradual method. An intestate-inheritance scheme that
gives priority to relatives who are nearest in degree
of consanguinity . This method dates back to the
English Statute ofDistributions (1670). Cf. PARENTELIC
METHOD; UNIVERSAL INHERITANCE RULE.
graduated lease. See LEASE.
graduated mortgage. See graduated-payment mortgage
under MORTGAGE.
graduated-payment adjustable-rate mortgage. See
MORTGAGE.
graduated-payment mortgage. See MORTGAGE.
graduated tax. See TAX.
gradus (gray-d<:ls), n. [Latin "step"]l. Roman law. A step
or degree in the familial relationship . The term iden
tified a position in the order ofsuccession under a will.
2. Hist. A degree, rank, or grade; specif., the rank of a
master-in-chancery or a serjeant-at-law.
graffer (graf-<lr). (15c) Hist. A notary or scrivener.
Also termed graffarius.
graffium (graf-ee-<lm). Hist. A register or cartulary
of deeds and other documents establishing title to
property, esp. real property. Also spelled grafium.
grafio (gray-fee-oh). [Law Latin] Hist. 1. A baron; a
viscount. A grafio was inferior to a count. 2. A fiscal
judge, responsible for collecting taxes and fines. The
term was chiefly used among early European nations.

graft, n. (14c) 1. The act of using a position of trust to
gain money or property dishonestly; esp., a public offi
cial's fraudulent acquisition of public funds. 2. Money
or property gained illegally or unfairly.
Graham factors. (1966) Patents. A three-part test for
determining obviousness under  103 of the Patent
Act of 1952, looking at (1) the scope and content ofthe
prior art, (2) the differences between the prior art and
the patent claims, and (3) the level of ordinary skill in
the pertinent art. Graham v. John Deere Co. ofKansas
City, 383 U.S. 1, 86 S.Ct. 684 (1966). See NONOBVIOUS
NESS. [Cases: Patents C-;:J 16.]
Grain Inspection, Packers, and Stockyards Admin
istration. An agency in the U.S. Department of Agri
culture responsible for helping to market meat, cereals,
and related agricultural products, and for promoting
fair trade practices. -Abbr. GIPSA.
grain rent. See crop rent under RENT (1).
grammatical interpretation. See INTERPRETATION.
granage. (16c) Hist. A duty consisting ofone-twentieth
of the salt imported by an alien into London.
granatarius (gran-o-tair-ee-os). [Law Latin] Hist. An
officer in charge of a granary, esp. one in charge of a
religious house's granary.
grand, adj. (17c) Of or relating to a crime involving the
theft of money or property valued more than a statuto
rily established amount, and therefore considered more
serious than those involving a lesser amount <grand
theft>. See grand larceny under LARCENY. Cf. PETTY.
[Cases: Larceny (;:::;>23.]
grand assize. See ASSIZE (5).
grand bill of sale. See BILL (7).
grand cape. See cape magnum under CAPE.
grand coutumier de pays et duche de Normandie (gron
koo-t[y]oo-myay do pay ay da-shay do nor-man-dee).
[French] Hist. A collection of the common or custom
ary laws of the Duchy of Normandy. The code was
probably compiled in the 13th century, and it still
remains the law of Jersey, except to the extent that it
has been modified by later legislation and judicial deci
sions. See CLAMEUR DE HARO.
Grand Day. English law. 1. Hist. One of four holy days
on which the courts were not in session . Each of the
four court terms had a Grand Day. The four Grand
Days were Candlemas Day (February Ascension
Day (March 25), St. John the Baptist Day (June 24),
and All Saints' Day (November 1). The Inns of Court
and of Chancery ceremoniously observed each Grand
Day. 2. A day in each term on which the Benchers ofthe
Inns of Court host ceremonial dinners in their halls.
See BENCHER. Cf. TERM (6).
grand distress. See DISTRESS.
grandfather, vb. (1953) To cover (a person) with the
benefits of a grandfather clause <the statute sets the
drinking age at 21 but grandfathers those who are 18
or older on the statute's effective date>. grandfather clause. (1900) 1. Hist. A clause in the con
stitutions of some Southern states exempting from
suffrage restrictions the descendants of men who could
vote before the Civil War . The U.S. Supreme Court
held that a clause of this kind in the Oklahoma Consti
tution violated the 15th Amendment. Guinn v. United
States, 238 U.S. 347, 35 S.Ct. 926 (1915). 2. A provi
sion that creates an exemption from the law's effect for
something that existed before the law's effective date;
specif., a statutory or regulatory clause that exempts
a class of persons or transactions because of circum
stances existing before the new rule or regulation takes
effect. [Cases: Statutes C-=228.] 3. In a government
contract, a provision that immunizes the contractor
against any changes in federal law that would other
wise adversely affect the contract.  For example, the
government may promise to cover any increased costs
that arise from a change in the law, even though the
contractor would bear them for any other reason. 4. In
a construction contract, a general and inclusive provi
sian that makes a party responsible for dealing with
risks, whether expected or unexpected.
grand inquest. See INQUEST.
i grand juror. See JUROR.
I grand jury. (15c) A body of (usu. 16 to 23) people who
are chosen to sit permanently for at least a month
and sometimes a year and who, in ex parte proceed
ings, decide whether to issue indictments. See Fed. R.
Crim. P. 6. Ifthe grand jury decides that evidence is
strong enough to hold a suspect for trial, it returns a
bill ofindictment (a true bill) charging the suspect with
a specific crime. Also termed accusing jury; present
ing jury; jury ofindictment. Cf. petit jury under JURY.
[Cases: Grand Jury
"The grand jury serves or may serve two distinct func
tions. One is a screening function; the grand jury evalu
ates evidence supporting possible charges and returns
an indictment only in those cases in which the evidence
amounts to at least probable cause. The other is an investi
gatorial function; the grand jury sometimes develops infor
mation that is of value in determining whether grounds for
a charge exist and --perhaps incidentally --in proving
that charge at the defendant's later criminal trial." Frank
W. Miller et aI., Cases and Materials on Criminal justice
Administration 546 (3d ed. 1986).
additional grandjury. See special grand jury.
investigative grand jury. (1960) A grand jury whose
primary function is to examine possible crimes and
develop evidence not currently available to the pros
ecution. Also termed investigatory grand jury.
runaway grand jury. (1959) A grand jury that acts
essentially in opposition to the prosecution, as by
calling its own witnesses, perversely failing to return
an indictment that the prosecution has requested, or
returning an indictment that the prosecution did not
request.
screening grand jury. (1990) A grand jury whose
primary function is to decide whether to issue an
indictment.

special grand jury. (1854) A grand jury specially
summoned, usu. when the regular grand jury either
has already been discharged or has not been drawn;
a grand jury with limited authority. Also termed
additional grand jury; extraordinary grand jury.
[Cases; Grand Jury C=> 10.]
Grand Jury Clause. (1949) The clause of the Fifth
Amendment to the U.S. Constitution requiring an
indictment by a grand jury before a person can be tried
for serious offenses. [Cases; Grand JuryC=:::>2.]
grand-jury witness. See WITNESS.
grand larceny. See LARCENY.
grand list. See ASSESSMENT ROLL.
grandparent application. See PATENT APPLICATION.
grandparent rights. A grandfather's or grandmoth
er's rights in seeking visitation with a grandchild.
By statute in most states, in certain circumstances a
grandparent may seek court-ordered visitation with a
grandchild. Typically these circumstances include the
death of the grandparents' child (the child's parent) and
the divorce ofthe child's parents. But the United States
Supreme Court has held that the primary, constitution
ally protected right of decision-making regarding asso
ciation with a child lies with the child's parents. As a
general rule, ifthe parent is a fit and proper guardian
and objects to visitation, the parent's will prevails.
Troxel v. Granville, 530 U.S. 57, 120 S.Ct. 2054 (2000).
[Cases; Child CustodyC=>283.]
grandparent visitation. See VISITATION.
Grand Remonstrance (ri-mon-strants). Hist. A protest
document issued by the House of Commons in 1641,
setting forth numerous political grievances against
Charles 1. _ The document demanded three primary
remedial measures; (1) improvements in the adminis
tration of justice, (2) appointment oftrustworthy min
isters, and (3) enforcement of the laws against Roman
Catholics. It was the first major split between the
Royalist and Parliamentary parties, and it led Charles
to seek the arrest of the five members who pushed the
document through the Commons.
grand serjeanty. See SERJEANTY.
Grand Survey. See grand inquest (2) under INQUEST.
grange (graynj). (14c) 1. Hist. A farm furnished with all
the necessities for husbandry, such as a barn, granary,
and stables; esp., an outlying farm that belonged to
a religious establishment or a feudal lord. 2. (cap.)
A social, educational, and political organization,
formally called the National Grange of the Patrons of
Husbandry, that informs its members about agricul
ture-related legislation and proposals, and represents
farm interests in lobbying government. -The Grange
was formed in 1867 and soon became the foundation
of the Granger Movement, a 19th-century political
force that protested economic abuses that increased
farmers' costs while forcing down prices for agricul
tural products. Movement followers (called Grangers)
controlled several Midwest state legislatures and passed Granger laws that set maximum rates for railroads,
warehouses, and grain elevators. Railroads and other
interested parties challenged the constitutionality of
these laws in what have become known as the Granger
Cases.
Granger Cases (grayn-jar). Six U.S. Supreme Court deci
sions holding that the police power of the states enabled
them, through legislation, to regulate fees charged by
common carriers, warehouses, and grain elevators.
 The cases, decided in 1876, arose out of grangers'
(Le., farmers') frustration with the inflated prices they
were paying to store and transport their agricultural
products. When several state legislatures passed laws
regulating those prices, the affected businesses sued to
have the laws overturned on grounds that they violated
the Commerce Clause and the Due Process Clause of
the 14th Amendment. The Court rejected these claims,
holding that the activities involved affected the public
interest and were therefore subject to the government's
regulatory authority. See GRANGE (2).
Granger Movement. See GRANGE (2).
grant, n. (13c) 1. An agreement that creates a right or
interest in favor of a person or that effects a transfer
of a right or interest from one person to another.
Examples include leases, easements, charges, patents,
franchises, powers, and licenses. 2. The formal transfer
of real property. [Cases; Deeds 3. 'Ihe document
by which a transfer is effected; esp., DEED. 4. The
property or property right so transferred.
community grant. A grant of real property made by
a government (or sometimes by an individual) for
communal use, to be held in common with no right
to sell. - A community grant may set out specific,
communal uses for the property, such as for grazing
animals or maintaining a playground. Cf. private
grant. [Cases: Public Lands C=>223(4).]
escheat grant. A government's grant of escheated land
to a new owner. Also termed escheat patent. [Cases;
Escheat (;::::>8(1).]
imperfect grant. 1. A grant that requires the grantor
to do something before the title passes to another. Cf.
perfect grant. 2. A grant that does not convey all rights
and complete title against both private persons and
government, so that the granting person or political
authority may later disavow the grant. See Paschal v.
Perex, 7 Tex. 368 (1851).
inclusive grant. A deed or grant that describes the
boundaries ofthe land conveyed and excepts certain
parcels within those boundaries from the convey
ance, usu. because those parcels ofland are owned or
claimed by others. Also termed inclusive deed.
office


ance, usu. because those parcels ofland are owned or
claimed by others. Also termed inclusive deed.
office grant. A grant made by a legal officer because
the owner is either unwilling or unable to execute a
deed to pass title, as in the case ofa tax deed. See tax
deed under DEED.
perfect grant. A grant for which the grantor has done
everything reqUired to pass a complete title, and the

769
grantee has done everything required to receive and
enjoy the property in fee. Cf. imperfect grant (1).
private grant. A grant ofreal property made to an indi
vidual for his or her private use, including the right
to sell it. -Private grants made by a government are
often found in the chains of title for land outside the
original 13 states, esp. in former Spanish and Mexican
possessions. Cf. community grant.
5. SUBSIDY (1).
grant, vb. (13c) 1. To give or confer (something), with or
without compensation <the parents granted the car to
their daughter on her 16th birthday>. 2. To formally
transter (real property) by deed or other writing <the
Lewisons granted the townhouse to the Bufords>.
[Cases: Deeds C=>3.] 3. To permit or agree to <the
press secretary granted the reporter access to the Oval
Office>. 4. To approve, warrant, or order (a request,
motion, etc.) <the court granted the continuance>. 5.
Int'llaw. See SUBSIDY (3).
grantback, n. (1956) A license-agreement provision
requiring the licensee to assign or license back to the
licensor any improvements that the licensee might
make to a patent or other proprietary right. [Cases:
Patents (:=213.]
grant deed. See DEED.
grantee. (lSc) One to whom property is conveyed.
grantee-grantor index. See INDEX (1).
grant-in-aid. (19c) 1. A sum ofmoney given by a govern
mental agency to a person or institution for a specific
purpose; esp., federal funding for a state public program.
[Cases: United States (::-=>82(2).)2. Hist. AID (1).
granting clause. (l8c) The words that transfer an interest
in a deed or other instrument, esp. an oil-and-gas lease.
-In an oil-and-gas lease, the granting clause typically
specifies the rights transferred, the uses permitted, and
the substances covered by the lease. [Cases: Deeds (:=>
28-37; Mines and Minerals C~73, 73.1.)
grant of rights. Copyright. A copyright owner's pre
publication assignment to the publisher ofall rights in
exchange for a payment or an advance on royalties.
grantor. (I7c) 1. One who conveys property to another.
[Cases: Deeds 30.] 2. SETTLOR (1).
grantor-grantee index. See INDEX (1).
grantor-retained annuity trust. See TRUST.
grantor-retained income trust. See TRUST.
grantor-retained unitrust. See TRUST.
grantor's lien. See vendor's lien under LIE~.
grantor trust. See TRUST.
grant to uses. Hist. A conveyance oflegal title to real
property to one person for the benefit of another.
If, tor example, A conveyed land to B and his heirs to
the use of C and his heirs, B - the feoffee to uses
acquired seisin in and had possession of the land and
was considered the legal owner. C the cestui que
use -was considered the equitable owner ofthe land gratuitous consideration
and was entitled to the land's rents, profits, and benefits.
Because the cestui que use did not have seisin in the
land, he was not subject to feudal payments. From the
13th century torward, the grant to uses was an increas
ingly popular mode of conveyance. See CESTUI QUE
USE; STATUTE OF USES; USE (4).
grass hearth. Hist. A tenant's customary service, consist
ing of the tenant's bringing his plow to the lord's land
and plowing it for one day.
grassum (gras-;ml). [Law Latin) 1. Scots law. A Single
lease payment made in addition to the periodic
payments due under an agreement; a payment in
addition to the rent paid by a tenant to the landlord.
PI. grassums.
"Grassum; an anticipation of rent in a gross or lump
sum .... In questions with singular successors there is
no limitation of the power to take grassums, only the rent
must not be thereby diminished so as to be altogether
elusory. In regard, however, to lands under entail, the heir
in possession must administer the estate secundum bonum
et aequum, taking no more of the annually accruing rents
and profits than he leaves to descend to his successors.
Hence, grassums, as being. in effect, anticipations of the
future rents, to the prejudice of succeeding heirs, are
held to be struck at by the prohibition against alienation."
William Bell, Bell's Dictionary and Digest of the Laws of
Scotland 492 (George Watson ed., 7th ed. 1890).
2. GRESSUME. 3. GERSUM (1). 4. GERSUM (2).
GRAT. abbr. GRANTOR-RETAINED ANNUITY TRUST.
gratia curiae (gray-shee-<:l kyoor-ee-ee or -I). [Latin)
Favor ofthe court. Cf. RIGOR JURIS.
gratia mandatarii (gray-shee-a man-da-tair-ee-I).
[Latin) Hist. For the sake of the mandatary. -The
phrase appeared in reference to the irrevocability of a
mandate given solely for the mandatary's benefit.
"Gratia mandatarii. .. In the general case, a mandate,
being for the benefit of the mandant, may be recalled by
him at pleasure. Mandates, however, which are granted
solely for the sake (or advantage) of the mandatary, such as
the mandate contained in the registration clause of a deed,
whereby the granter gives authority for its registration,
are not revocable." John Trayner, Trayner's Latin Maxims
237 (4th ed. 1894).
gratification. (16c) Archaic. A voluntarily given reward
or recompense for a service or benefit; a gratuity.
gratis (grat-is or gray-tis), adj. Free; without compen
sation.
gratis dictum. See DICTUM.
gratuitous (gra-t[y]oo-a-tds), adj. (17c) 1. Done or per
formed without obligation to do so; given without
consideration in circumstances that do not otherwise
impose a duty <gratuitous promise>. Cf. ONEROUS (3).
2. Done unnecessarily <gratuitous obscenities>.
gratuity, n.
gratuitous allowance. See ALLOWANCE (1).
gratuitous assignee. See ASSIGNEE.
gratuitous assignment. See ASSIGNMENT (2).
gratuitous bailment. See BAILMENT.
gratuitous consideration. See CONSIDERATION (1).

gratuitous coutract. See CONTRACT.
gratuitous deed. See deed ofgift under DEED.
gratuitous deposit.!. See gratuitous bailment under
BAILMENT. 2. See DEPOSIT (5).
gratuitous gift. See GIFT.
gratuitous promise. See PROMISE.
gratuitous surety. See SURETY.
gratuitous trust. See donative trust under TRUST.
gratuity. See BOUNTY.
gravameu (gr<l-vay-m;m). (17c) The substantial point Or
essence of a claim, grievance, or complaint.
gravatio (grd-vay-shee-oh). [Law Latin] Hist. An accusa
tion or impeachment.
graveyard insurance. See wager policy under INSURAJS'CE
POLICY.
gravity. (16c) Seriousness of harm, an offense, etc., as
judged from an objective, legal standpoint.
graymail. (1978) A criminal defendant's threat to reveal
classified information during the trial in the hope of
forcing the government to drop the criminal charge.
Cf. BLACKMAIL (1); GREENMAIL (1), (2); FEEMAIL.
gray market. See MARKET.
gray-market adoption. See private adoption under
ADOPTION.
gray-market goods. See PARALLEL IMPORTS.
gray mule case. See WHITEHORSE CASE.
Greaser Law. Hist. Slang. An anti-vagrancy statute that
gave law-enforcement authorities broad discretion to
arrest, fine, and jail people of Hispanic appearance
who had no visible means of support. _ 'Ibis statute
was enacted in California in 1855 and repealed in the
mid-20th century. The term greaser is racially deroga
tory, -Also termed Greaser Act.
great bodily injury. See serious bodily injury under
INJURY.
great care. See CARE.
great diligence. See DILIGENCE.
great fee. See FEE (2).
Great Inquest. See grand inquest (2) under INQlJEST.
Great Lakes rule. Maritime law. The statutory provision
that an admiralty litigant is entitled to a jury trial in
a contract or tort action if the lawsuit arises from the
operation ofa commercial vessel on the Great Lakes or
the naVigable waters connecting them. See 28 USCA
1873. [Cases: Admiralty (;::::>80.]
"The most important distinction between the law and admi
ralty 'sides' of federal court is that trial by jury is guaran
teed for law claims through the Seventh Amendment, but
where the case is maintained as an admiralty claim the
litigant has neither constitutional nor statutory right to a
jury trial. The one exception is the 'Creat Lakes Rule' ...."
Frank L Maraist & Thomas C. Calligan Jr., Admiralty in a
Nutshell 358 (4th ed. 2001). Great Law, The. Hist. The first code of laws enacted in
Pennsylvania . The Great Law was passed in 1682 by
an assembly that had been called by William Penn.
great pond. A body of water larger than ten acres, and
thus subject to public ownership. _ This term applies
in Maine, New Hampshire, and Massachusetts. -Also
termed public pond. [Cases: Waters and Water Courses
(;::::> 113.]
Great Rolls ofthe Exchequer. See PIPE ROLLS.
great seal. See SEAL.
Great Survey. See grand inquest (2) under INQUEST.
great tithe. See TITHE.
Great Waters Program. A scheme created by Congress
in 1990 to make the Environmental Protection Agency
more directly responsible for protecting large bodies
of fresh water and coastal waters from environmental
harm caused by air pollution. Clean Air Act Amend
ments of 1990,42 USCA  7412(m).
Great Writ. See HABEAS CORPUS.
gree (gree), n. [Law French] (13c) Hist. A satisfaction
received by a party for an offense or injury against the
party. See SATISFACTION (1).
"Cree comes of the French word gree, good liking: and it
signifies in our law, contentment or satisfaction; as in the
statute of 1 R. 2, c. 15, to make gree to the parties is to give
them contentment or satisfaction for an offence done unto
them." Termes de Ja Ley 247 (1 st Am. ed. 1812).
greenback, tl. (ca. 1862) Slang. A legal-tender note of
the United States; any note issued by a federal reserve
bank. The term was coined in 1862 when the backs
of American paper currency were first printed in green
ink.
green card. (1969) A registration card evidencing a
resident alien's status as a permanent U.S. resident.
green-card marriage. See MARRIAGE (1).
Green Cloth. See BOARD OF GREEN CLOTH.
greenfield site. (ca. 1962) 1. Land that has never been
developed. Such land is presumably uncontami
nated. Cf. BROWNFIELD SITE. 2. Property acquired as
an investment, esp. for establishing a new business.
green goods. Slang. Counterfeit money.
greenmail. (1983) 1. The act or practice of buying enough
stock in a company to threaten a hostile takeover
and then selling the stock back to the corporation at
an inflated price. 2. The money paid for stock in the
corporation's buyback. Cf. BLACKMAIL (1); FEEMAIL;
GRAYMAIL. 3. A shareholder's act offiling or threaten
ing to file a derivative action and then seeking a dis
proportionate settlement.
Green Paper on Copyright and the Challenge ofTech
nology. Copyright. A 1988 European Commission pub
lication that laid out a plan to harmonize the copyright
laws ofmember nations, esp.laws relating to informa
tion technology. -The Green Paper was tollowed by
a series ofdirectives that mandated uniform policies

771 gross profit
regarding copyright and new technologies. -Usu.
shortened to Green Paper.
Green River ordinance. A local licensing law that
protects residents from unwanted peddlers and sales
persons, typically by prohibiting door-to-door solicita
tions without prior consent . The ordinance takes its
name from Green River, Wyoming, which enacted the
first such law in the early 20th century before others
came into vogue during the 19308 and 19405 through
out the United States. [Cases: Hawkers and Peddlers
green wax. (pl.) llist. An Exchequer order (an estreat)
directing a sheriff to collect the fines and amercements
listed in the order. _ The name derives from the color
ofthe wax the Ex


the fines and amercements
listed in the order. _ The name derives from the color
ofthe wax the Exchequer used on the estreat to certify
its authenticity. See ESTREAT.
greffier (gref-ee-;lr or gref-yay), n. [Law French] (l6c)
Hist. A registrar, esp. of a court; the court record
keeper.
Gregorian calendar. See NEW STYLE.
Gregorian Code. See CODEX GREGORIAN US.
gremio juris, in. See IN GREMIO JURIS.
gremio legis, in. See IN GREMIO LEGIS.
Grenville Act. Hist. A statute that transferred jurisdic
tion over parliamentary election petitions from the
whole House of Commons to select committees.
The Act, sponsored by George Grenville, was passed
in 1770. It was deSigned to depoliticize the resolution
ofdisputed elections, and repealed in 1828 when it was
superseded by statutes that conferred jurisdiction over
election disputes on the courts.
G reorganization. See REORGANIZATION (2).
Gresham's law. (l9c) The principle a debased currency
will drive out valuable currency . 'Ibis economic prin
ciple is popularly attributed to Sir Thomas Gresham
(1519-] 579), even though earlier writers such as Oresme
and Copernicus discussed it.
gressume (gres-;lm). Hist. A fine paid by a copyhold
tenant upon the transfer of a copyhold estate, esp. upon
the death ofthe lord. Also spelledgrasson;grassum;
grossome; gersum.
Gretna-Green marriage. See MARRIAGE (1).
greve. See REEVE.
grievance, n. (l4c) L An injury, injustice, or wrong that
gives ground for a complaint <a petition for a redress
ofgrievances>. 2. The complaint itself <the client filed
a grievance with the state-bar committee>. 3. Labor
law. A complaint that is filed by an employee or the
employee's union representative and that usu. concerns
working conditions, esp. an alleged violation of a col
lective-bargaining agreement. See grievance arbitration
under ARBITRATION; GRIEVANCE PROCEDURE. [Cases:
Labor and Employment C:;::1560.]
grievance arbitration. See ARBITRATION.
grievance procedure. Labor law. A process, consisting
of several steps, for the resolution of an employee's complaint.  The first step usu. occurs at the shop level
and is handled by a supervisor. If the grievance is not
resolved at the first step, the grievance is appealed in
successive steps that vary among collective-bargaining
agreements. The final step of the procedure is griev
ance arbitration. See grievance arbitration under ARBI
TRATION; GRIEVANCE (3). [Cases: Labor Relations
451.]
grievant, n. (1958) Labor law. An employee who files a
grievance and submits it to the grievance procedure
outlined in a collective-bargaining agreement.
grieve, vb. To contest under a grievance procedure <the
union urged the employee to grieve the suspension>.
grievable, adj.
grievous bodily harm. See serious bodily injury under
INJURY.
grift, vb. (1915) Slang. To obtain money or other property
illicitly by adroit use of a scam, confidence game. or
other fraudulent means. -grifter, n.
GRIT. abbr. GRANTOR-RETAINED INCOME TRUST.
GRM. abbr. GROSS-RENT MULTIPLIER.
grog-shop. See DRAM SHOP.
groin-grabbing. The act of fondling or touching a
person's genitals through the person's clothing, esp. in
a crowded space or while walking along a sidewalk in
the opposite direction from the person. -Also termed
groin-groping.
gross, easement in. See easement in gross under EASE
MENT.
gross adventure. See ADVENTGRE.
gross average. See general average under AVERAGE.
gross charter. See CHARTER (8).
gross damages. See DAMAGES.
gross earnings. See gross income under INCOME.
i
gross estate. See ESTATE (3). .
gross income. See INCOME.
gross-income multiplier. See GROSS-RENT MULTIPLIER.
gross-income tax. See TAX.
gross interest. See INTEREST (3).
gross lease. See LEASE.
grossly inadequate consideration. See CONSIDERATION
(1).
gross misdemeanor. See MISDEMEANOR.
gross national product. (1947) The market value ofall
goods and services produced in a country within a year.
used to measure a country's economic development and
wealth. -Abbr. GNP.
gross neglect ofduty. See DESERTION.
gross negligence. See NEGI.IGENCE.
grossome. Hist. See GRESSUME.
gross premium. See PREMIUM (1).
gross profit. See PROFIT (1).

772 gross receipts
gross receipts. Tax. The total amount of money or
other consideration received by a business taxpayer
for goods sold or services performed in a taxable year,
before deductions.IRC (26 USCA)  448; 26 C.F.R.
1.448-lT (f)(2)(iv).
gross-receipts tax. See TAX.
gross-rent multiplier. The ratio between the market
value of rent-producing property and its annual gross
rental income . The gross-rent multiplier is used as a
method to estimate a property's market value. -Abbr.
GRM. -Also termed gross-income multiplier.
gross sales. See SALE.
gross spread. See SPREAD (4).
gross up, vb. (1987) Slang. Tax. To add back to a dece
dent's gross estate the gift taxes paid by the decedent
or the decedent's estate on gifts made by the decedent
or the decedent's spouse during the three-year period
preceding the decedent's death. IRC (26 USCA)  2035.
[Cases: Internal Revenue ~4l59(2).1
gross weight. See WEIGHT.
ground, n. (usu. pl.) (13c) Ihe reason or point that some
thing (as a legal claim or argument) relies on for validity
<grounds for divorce> <several grounds for appeal>.
ground, vb. (14c) 1. To provide a basis for (something,
such as a legal claim or argument) <the decision was
grounded on public policy>. 2. To base (something,
such as a legal principle or judicial decision) on <the
court grounded the decision on common law> <strict
liability is grounded on public policy>.
groundage (grown-dij), n. (15c) Hist. Maritime law. A
tax or toll levied on a vessel lying in port; the tax or
toll so paid.
ground annual. l. See ground rent under RENT (1). 2.
See FEU DUTY.
ground landlord. Hist. The grantor of an estate on which
ground rent is reserved. See ground rent under RENT
(1).
ground-law. A fundamental law. See FUNDAMENTAL
LAW.
"~If the power of a sovereign or of a government is limited by
a ground-law, written or unwritten, a treaty cannot override
that constitution," Theodore D. Woolsey, Introduction to the
Studyoflntemational Law 103, at 167 (5th ed. 1878).
ground lease. See LEASE.
groundless, adj. (17c) (Of a legal claim or argument)
lacking a basis or a rationale <groundless cause of
action>. See FRIVOLOUS.
ground ofaction. 1. CAUSE OF ACTION (1). 2. CAUSE OF
ACTION (2).
ground rent. See RENT (I).
ground-rent lease. See ground lease under LEASE.
groundwater. See WATER (1).
ground writ. See WRIT.
group annuity. See ANNUITY. group art unit. Patents. A U.S. Patent and Trademark
Office division consisting ofpatent examiners who spe
cialize in a particular invention's subject matter. [Cases:
Patents ~104.]
group boycott. See BOYCOTT.
group director. Patents. The person responsible for
directing the operations of an examining group within
the U.S. Patent and Trademark Office.
grouping-of-contacts theory. See CENTER-OF-GRAVITY
DOCTRINE.
group insurance. See INSURANCE.
group libel. See LIBEL.
group litigation. (1936) A set oflawsuits on behalfofor
against numerous persons recognized as one litigating
entity, such as a civil-rights group.
group policy. See master policy under INSURANCE
POLICY.
growing crops. See CROPS.
growing-equity mortgage. See MORTGAGE.
growth. The gain, increase, or expansion in value of
securities or ofa business.
growth company. See COMPANY.
growth fund. See MUTUAL FUND.
growth industry. (1954) An industry or business sector
whose revenues and earnings are rising at a faster rate
than average.
growth management. (1974) Land-use planning. The
regulation ofa community's rate of growth through
zoning ordinances, impact fees, and other measures.
See ZONING. [Cases: Zoning and Planning C::::> 1, 86,
245.]
growth stock. See STOCK.
gruarii (groo-air-ee-I), n. pl. Hist. The principal officers
ofa forest.  These officers were charged with guarding
and enforcing restrictions on the use of timber. See
FOREST.
grubstake contract. See CONTRACT.
grubstaking contract. See grubstake contract under
CONTRACT.
grundnorm. See basic norm under NORM.
Grundy Tariff. See SMOOT-HAWLEY TARIFF ACT.
GRUT. abbr. GRANTOR-RETAINED UNITRUST.
GSA. abbr. GENERAL SERVICES ADMINISTRATION.
GST supertrust. See dynasty trust under TRUST.
guarantee (gar-an-tee), n. (17c) 1. The assurance that
a contract or legal act will be duly carried out. 2.
GUARANTY (1).
"In practice, guarantee, n., is the usual term, seen often,
for example, in the context of consumer warranties or
other assurances of quality or performance. Guaranty, in
contrast, is now used primarily in financial and banking
contexts in the sense "a promise to answer for the debt of
another." Guaranty is now rarely seen in nonlegal writing,
whether in G.B. or in the u.s: Bryan A. Garner, A Dictionary
of Modern Legal Usage 394 (2d ed. 1995).

773
3. Something given or existing as security, such as to
fulfill a future engagement or a condition subsequent.
[Cases: Guaranty C=> 1.]4. One to whom a guaranty
is made. -Also spelled guaranty. [Cases: Guaranty
C=>3S.]
guarantee, vb. (1Sc) 1. To assume a suretyship obliga
tion; to agree to answer for a debt or default. [Cases:
Guaranty C=>1.] 2. To promise that a contract or legal
act will be duly carried out. [Cases: Guaranty C=>11.]
3. To security to.
guarantee clause. (IS87) 1. A provision in a contract,
deed, or mortgage by which one person promises to
pay the obligation of another. [Cases: Guaranty
33, 36.] 2. (cap.) U.S. Const. art. IV,  4, under which
the federal government ensures for the states both a
republican form ofgovernment and protection from
invasion or internal insurrection. -The U.S. Supreme
Court has consistently treated claims under the Guar
antee Clause as nonj~sticiable political questions. See
Pacific States Tel. & Tel. Co. v. Oregon, 223 U.S. 11S, 82
S.Ct. 224 (1912).
guaranteed annual wage plan. Labor law. A wage-pay
ment method in which the employer agrees either to pay
employees a predetermined minimum sum each year
or to provide a minimum number ofhours ofemploy
ment each year. - A wide variety ofguaranteed annual
wage plans are used. For example, an employer may
agree to pay employees wages for each week in the year,
even though work may not be available at certain times
of the year. The purpose of such a plan is to provide a
stable labor force year-round.
guaranteed bond. See BOND (3).
guaranteed investment contract. See INVESTMENT CON
TRACT.
guaranteed-purchase contract. See guaranteed-sale
contract under CONTRACT.
guaranteed-sale contract. See CONTRACT.
guaranteed stock. See STOCK.
guarantee oftitle. Property. A warranty that the title
to a piece of real property is vested in a particular
person, given by a title company or abstract company,
and based on a title searcher's opinion ofthe status of
the property's title. The guarantee is usu. backed by
insurance to cover damages resulting from the title
searcher's oversight or negligence in finding recorded
legal instruments. Cf. title insurance under INSURANCE.
[Cases: Abstracts ofTitle 1; Covenants
guarantee stock. See STOCK.
guarantee treaty. See TREATY (1).
guarantor. (19c) One who makes a guaranty or gives
security for a debt. _ While a surety's liability begins
with that of the principal, a guarantor's liability does
not begin until the principal debtor is in default. Cf.
SURETY (