a guarantor's liability does
not begin until the principal debtor is in default. Cf.
SURETY (1). [Cases: Guaranty ~~29, 33,44.]
"A guarantor either guarantees payment or collection,
depending on the words used. 'Payment guaranteed' or
equivalent words added to a signature mean the signer guaranty
will pay the instrument if it is not paid when due without a
need for the holder to resort to another party. 'Collection
guaranteed' means resort must first be had to others." Fred
H. Miller & Alvin C. Harrell, The Law of Modem Payment
Systems  5.02, at 195 (2003).
guarantor ofcollectibility. (1881) One who guarantees
a debtor's solvency and is under a duty to pay only if
the creditor is unable to collect from the principal
debtor after exhausting all legal remedies, including
demand, suit, judgment, and any supplementary pro
ceedings. [Cases: Guaranty C=>33, 45, 77(2).]
guarantor of payment. (1814) One who guaran
tees payment of a negotiable instrument when it is
due without the holder first seeking payment from
another party. _ A guarantor of payment is liable
only if "payment guaranteed" or equivalent words
are added to the guarantor's indorsement. [Cases:
Guaranty 45, 77.]
guarantor trust. See TRUST.
guaranty (gar-dn-tee), n. (16c) 1. A promise to answer
for the payment of some debt, or the performance of
some duty, in case ofthe failure ofanother who is liable
in the first instance. _ The term is most common in
finance and banking contexts. While a warranty relates
to things (not persons), is not collateral, and need not
be in writing, a guaranty is an undertaking that a
person will payor do some act, is collateral to the duty
ofthe primary obligor, and must be in writing. On the
spelling ofguaranty vs. guarantee, see the quotation
at GUARANTEE (2). Also termed guaranty contract.
[Cases: Guaranty <::=:> 1.]
"Both guaranty and warranty are undertakings by one
party to another to indemnify the party assured against
some possible default or defect. But a guaranty relates to
the future, as a collateral promise designed to protect the
promisee from loss in case another fails to perform his
duty. A warranty relates to the present or past, and is an
independent promise designed to protect the promisee
from loss in the event that the facts warranted are not as
the promisor states them to be when the contract is made.
A warranty is broken as soon as it is made if the facts
are not as represented, and is enforceable though oral;
whereas a guaranty is not breached until a future default
occurs, and is unenforceable unless in writing." Laurence P.
Simpson, Handbook on the Law ofSuretyship 23 (1950).
"A transaction of guaranty involves at least three parties:
a promisor, a creditor (the person to whom the promise is
made), and a debtor although at the time the promise
is made, the person denominated the 'creditor' need not
have extended the credit to the person denominated as
the 'debtor.' The usual guaranty situation arises when the
promisor makes a promise to the creditor either as to the
solvency of the debtor or as to the payment of the debt."
38 Am. Jur. 2d Guaranty  1, at 996 (1968).
absolute guaranty. (lSc) 1. An unqualified promise that
the principal will payor perform. [Cases: Guaranty
C=>42(l).] 2. A guarantor's contractual promise to
perform some act for the creditor -such as paying
money or delivering property if the principal
debtor defaults.
conditional guaranty. (1813) A guaranty that requires
the performance of some condition by the creditor

774 guaranty bond
before the guarantor will become liable. [Cases:
Guaranty (;::::>42.]
contingent guaranty. (1843) A guaranty in which the
guarantor will not be liable unless a specified event
occurs.
continuing guaranty. (1817) A guaranty that governs a
course of dealing for an indefinite time or by a succes
sion ofcredits. - Also termed open guaranty. [Cases:
Guaranty
cross-stream guaranty. A guaranty made by a company
for the obligation of another company when both are
owned by the same parent company or individual.
downstream guaranty. 1. A parent corporation's
guaranty ofa subsidiary's obligations. 2. A guaranty
made for a company by a guarantor who is also a
partner, member, or stockholder of the company.
general guaranty. (l7c) 1. A guaranty addressed to
no specific person, so that anyone who acts on it can
enforce it. 2. A guaranty for the principal's default
on obligations that the principal undertakes with
anyone.
good-guy guaranty. A limited guaranty by a third-per
son that leased property or collateral will be kept in
good condition and returned to the lessor or lender
if a default occurs. -Good-guy guaranties are most
commonly associated with real-property leases.
Also written good-guy guarantee. -Also termed
good-guy clause. [Cases: Guaranty C':::>36(8).]
guaranty ofcollection. (1843) A guaranty that is con
ditioned on the creditor's having first exhausted legal
remedies against the principal debtor before suing
the guarantor. See guarantor ofcollectibility under
GUARANTOR.
guaranty ofpayment. (1811) A guaranty that is not con
ditioned on the creditor's exhausting legal remedies
against the principal debtor before suing the guaran
tor. See guarantor ofpayment under GUARANTOR.
irrevocable guaranty (i-rev-;}-k"-b,,l). (1898) A
guaranty that cannot be terminated unless the other
parties consent. [Cases: Guaranty (;::::>24.]
limited guaranty. (1831) An agreement to answer
for a debt arising from a Single transaction. -Also
termed noncontinuing guaranty. [Cases: Guaranty
(;:~38(1).]
open guaranty. See continuing guaranty
revocable guaranty. (1936) A guaranty that the guaran
tor may terminate without any other party's consent.
[Cases: Guaranty
special guaranty. (18c) 1. A guaranty addressed to a
particular person or group of persons, who are the
only ones who can enforce it. [Cases: Guaranty
29, 32.] 2. A guaranty that names a definite person as
obligee and that can be accepted only by the person
named.
specific guaranty. (l8c) A guaranty ofa single debt or
obligation. upstream guaranty. A guaranty made by a corporate
subsidiary for the parent corporation's obligations.
2. GUARANTEE (1).
guaranty bond. See BOND (2).
guaranty company. See surety company under
COMPANY.
guaranty contract. See GUARANTY (1).
guaranty fund. See FUND (1).
guaranty insurance. See INSURANCE.
guaranty letter of credit. See standby letter ofcredit
under LETTER OF CREDIT.
guaranty stock. See STOCK.
guaranty treaty. See guarantee treaty under TREATY
(] ).
guard. See DOORKEEPER.
guardage. Hist. 1. WARDSHIP. 2. GUARDIANSHIP.
guardhouse lawyer. See JAILHOUSE LAWYER.
guardian, n. (15c) 1. One who has the authority
and duty to care for another's person or property, esp.
because ofthe other's infancy, incapacity, or disability.
_ A guardian may be appointed either for all purposes
or for a specific purpose. -Abbr. gdn. -Also termed
custodian. See CONSERVATOR. Cf. WARD (1). [Cases:
Guardian and Ward 1; Mental Health C-;) 101.]
chancery guardian (chan-s"r-ee). A guardian
appointed by a court ofchancery to manage both the
person and the estate of the ward. [Cases: Guardian
and Ward (;::::>10, 17,36.]
domestic guardian. A guardian appointed in the state
in which the ward is domiciled.
foreign guardian. A guardian appointed by a court
in a state other than the one in which the ward is
domiciled. _ A foreign guardian cares for the ward's
property that is located in the state of appointment.
[Cases: Guardian and Ward 166; Mental Health
(;::='194.]
general guardian. A guardian who has general care
and control of the ward's person and estate. [Cases:
Guardian and Ward (;::::>29,36; Mental Health
484.]
guardian ad litem (ad h-tem or -t"m). (18c) A guardian,
usu. a lawyer, appOinted by the court to appear in a
lawsuit on behalf of an incompetent or minor party.
Abbr. GAL Also termed special advocate; special
guardian; law guardian. Cf. NEXT FRIEND; attorney
ad litem under ATTORNEY. [Cases: Infants (;::::>76,205;
Mental Health
H[llt is necessary to determine whether the lawyer has
been appointed as a guardian ad litem (GAL) charged with
representing the child's best interests, or as an advocate,
serving as counsel to the child .... From the distinction
between guardian and advocate flow a series of impor
tant consequences, including such matters as whether the
attorney may file motions and examine witnesses, whether
the attorney may file a report with the court. and whether
the attorney may testify. Moreover, in most jurisdictions a
GAL has an absolute quasijudicial immunity for lawsuits

775 guardian of the poor
for negligence .... Although a non-lawyer cannot serve
as counsel to the child, such an individual might be a GAL
or 'special advocate' in some states. Courts have struggled
to clarify these roles, and define how children's representa
tives may participate in different types of proceedings."
Homer H. ClarkJr. & Ann Laquer Estin, Domestic Relations:
Cases ana Problems 1078 (6th ed. 2000).
guardian by custom. Hist. A person who, under local
custom, had the right to act as a minor's guardian.
guardian by election. A guardian chosen by a ward who
would otherwise be without one. [Cases: Guardian
and Ward C=> 19.]
guardian by estoppel. See quasi-guardian.
guardian by nature. Hist. The parental guardian ofan
heir apparent who has not yet reached the age of21.
Although the common law recognized the father as a
guardian by nature and the mother as one only after
the father's death, most states have given both parents
equal rights ofguardianship over their children (see,
e.g., N.Y. Dom. ReI. Law  81). -Also termed natural
guardian. [Cases: Guardian and Ward C=>4.]
guardian by nurture. Hist. The parental guardian ofa
child who is not the heir apparent, lasting until the
child reaches the age of 14. Also termed guardian
for nurture.
"There are also guardians for nurture, which are, of
course, the father or mother, till the infant attains the age
of fourteen years and, in default of father or mother, the
ordinary usually assigns some discreet persons to take
care ofthe infant's personal estate, and to provide for his
maintenance and education." 1 William Blackstone, Com
mentaries on the Laws ofEngland 449 (1765).
guardian by statute. See statutory guardian.
guardian de son tort (d;:) sawn [or son] tor[t]). See
quasi-guardian.
guardian for nurture. See guardian by nurture.
guardian in chivalry. Hist. A guardian who, by virtue
ofknight's service, had custody ofthe body and lands
of a male heir under 21 or a female heir under 14.
 This type of guardian had no accountability for
profits.
guardian in socage. New York law. A guardian for a
child who has acquired lands by descent . A guardian
is usu. a relative who could not possibly inherit from
the child. This type of guardianship applies to both
the person and the property of the child and, histori
cally, lasted only until the child was 14, when the child
was allowed to select a guardian; now it lasts until the
child reaches age 18 or is emancipated.
guardian ofproperty. See guardian ofthe estate.
guardian ofthe estate. A guardian responsible for
taking care of the property of someone who is inca
pable of caring for his or her own property because
of infancy, incapacity, or disability. -Also termed
guardian ofproperty. [Cases: Guardian and Ward
1,36; Mental Health (;:.=>211, 216.]
guardian ofthe person. A guardian responsible for
taking care of someone who is incapable of caring
for himself or herself because of infancy, incapacity, or disability. [Cases: Guardian and Ward 29;
Mental Health C=>1Ol.]
law guardian. See guardian ad litem.
natural guardian. 1. Hist. The eldest son's father, until
the son turned 21. 2. In the absence of statute, the
father of a legitimate child until the child reaches the
age


turned 21. 2. In the absence of statute, the
father of a legitimate child until the child reaches the
age of 21.  A father of illegitimate children may be
appointed as their guardian upon the mother's death.
3. Most commonly and by statute, either the father
or the mother of a minor child -each bearing the
title Simultaneously . Ifone parent dies, the other is
the natural guardian. See guardian by nature. [Cases:
Guardian and Ward ~4.]
partial guardian. A guardian whose rights, duties,
and powers are strictly limited to those specified in
a court order.
quasi-guardian. A guardian who assumes that role
without any authority. -Such a person may be made
to account as guardian. Also termed guardian by
estoppel; guardian de son tort. [Cases: Guardian and
WardC=>7.]
special guardian. (17c) 1. A guardian who has special
or limited powers over the ward's person or estate.
-Examples are guardians who have custody of the
estate but not of the person, those who have custody
of the person but not of the estate, and guardians ad
litem. Also termed (in civil law) curator ad hoc. See
CURATOR (2). 2. See guardian ad litem. [Cases: Mental
Health C=>495.]
standby guardian. A parent-designated guardian who
is appointed to assume responsibility for a child at a
future date ifthe child's parent becomes incapable of
caring for the child but who does not divest the parent
of custodial rights. -Several states have enacted
statutes providing for a standby guardian in the case
of a terminally ill single parent. A standby guardian
assumes responsibility for a child during periods of
the parent's incapacity and upon the parent's death .
[Cases: Guardian and Ward (;:::) 10.]
statutory guardian. A guardian appointed by a court
haVing special statutory Jurisdiction. -Also termed
guardian by statute.
successor guardian. An alternate guardian named in
a parent's will against the possibility that the first
nominee cannot or will not serve as guardian. [Cases:
Guardian and Ward C=>27; Mental Health (~178.1
testamentary guardian. A guardian nominated by a
parent's will for the person and property of a child
until the child reaches the age of majority.
2. Hist. A mesne lord who was entitled to treat an
infant heir's lands for all practical purposes as the lord's
own, enjoying fully their use and whatever profits they
yielded. At the end of the guardianship, when the
heir reached majority, no accounting was owed by the
mesne lord.
guardian of the poor. Hist. A person in charge of the
i relief and maintenance of the poor in a parish.

776 guardian of the spiritualities
Guardians ofthe poor administered poor-relief funds
raised under the Poor Relief Act of1601. -The function
is now performed by local authorities.
guardian ofthe spiritualities. Eccles. law. A person who
exercises the spiritual and ecclesiastical jurisdiction of
a diocese during a vacancy in the see or the absence of
the bishop.
guardian ofthe temporalities. Eccles. law. The person to
whom custody of the secular possessions of a vacant see
or abbey is committed by the Crown. -Temporalities
(secular possessions) are the land, revenue, and tene
ments that archbishops and bishops have had annexed
to their sees.
guardianship. OSc) 1. The fiduciary relationship between
a guardian and a ward or other incapacitated person,
whereby the guardian assumes the power to make deci
sions about the ward's person or property. - A guard
ianship is almost always an involuntary procedure
imposed by the state on the ward. Cf. CONSERVATOR
SHIP; INTERDICTION. [Cases: Guardian and Ward 1;
Mental Health ~101.] 2. The duties and responsibili
ties of a guardian. Also termed GUARDAGE.
ancillary guardianship. A subservient and subsid
iary guardianship in a state other than that in which
guardianship is originally granted. [Cases: Guardian
and Ward ~166-172; Mental Health
guardianship ofthe estate. A guardianship in which
the guardian can make decisions only about matters
regarding the ward's assets and property. [Cases:
Guardian and Ward (,'::::'033; Mental Health (::::::;>211.]
guardianship ofthe person. A guardianship in which
the guardian is authorized to make all significant
decisions affecting the ward's well-being, includ
ing the ward's physical custody, education, health,
activities, personal relationships, and general welfare.
[Cases: Guardian and Ward ~29; Mental Health
(;:: 101.]
plenary guardianship. A guardianship in which the
guardian can make decisions about both the ward's
estate and the ward's person. [Cases: Mental Health
101.]
standby guardianship. A guardianship in which a
parent deSignates a guardian to assume responsibil
ity for a child at a future date, if the child's parent
becomes incapable of caring for the child, but without
divesting the parent ofcustodial rights.
gubernator navis (g[yJoo-bdr-nay-tdf nay-vis). [Latin
"ship helmsman"] Roman law. The pilot or steersman
of a ship. -The gubernator navis could be sued for
damages ifhe negligently caused a collision.
guerrilla warfare. See WARFARE.
guest. (Be) 1. A person who is entertained or to whom
hospitality is extended. 2. A person who pays for
services at an establishment, esp. a hotel or restaurant.
[Cases: Innkeepers 3. A nonpaying passenger in
a motor vehicle. [Cases: Automobiles (;:::c 181(2).] business guest. (1942) Torts. See BUSINESS VISITOR
(1).
social guest. Torts. A guest who is invited to enter or
remain on another person's property primarily for
private entertainment as opposed to entertainment
open to the general public. See LICENSEE (2). [Cases:
Negligence (::::::;> 1041.J
guest statute. (1914) A law that bars a nonpaying pas
senger in a noncommercial vehicle from suing the
host-driver for damages resulting from the driver's
ordinary negligence. -Though once common, guest
statutes remain in force in only a few states. Also
termed automobile-guest statute. Cf. FAMILY-PURPOSE
RULE. [Cases: Automobiles C--= 181.]
guidage. Hist. 1. A toll or fee for guiding a traveler
through strange or dangerous territory. 2. The act of
guiding a traveler through strange or dangerous ter
ritory.
guild. (I4c) 1. A group of persons sharing a common
vocation who unite to regulate the affairs of their
trade in order to protect and promote their common
vocation; a voluntary society or fraternity of
persons employed in the same trade or craft, formed
for the mutual benefit and protection of its members,
who pay a fee (a geld orgild) for its general expenses.
Also termed (in senses 1 and 2) trade guild. 2. Hist. A
company or corporation.
guildhall. (l4c) Hist. 1. The meeting place ofa guild.
Also spelled gildhall. 2. The chief hall of a city, used
for holding court and the meetings of the municipal
corporation.
guild rent. See RENT (1).
guilt, n. (bef. 12c) The fact or state ofhaving committed
a wrong, esp. a crime <the state's burden was to prove
guilt beyond a reasonable doubt>. Cf. INNOCENCE.
guiltless, adj. (14c) 1. Free from guilt; not haVing com
mitted a wrong <guiltless ofthe crime>. 2. Having the
quality or appearance of innocence <even though she
confessed, the defendant looked guiltless>.
guilt phase. (1960) 'The part of a criminal trial during
which the fact-finder determines whether the defen
dant committed a crime. Cf. PENALTY PHASE.
guilty, adj. (bef. 12c) 1. Having committed a crime;
responsible for a crime <guilty of armed robbery>.
[Cases: Criminal Law (;:::~)273.1 2. Responsible for a civil
wrong, such as a tort or breach ofcontract <guilty of
fraudulent misrepresentation>. -guiltily, adv.
guilty, n. 1. A plea ofa criminal defendant who does not
contest the charges. 2. A jury verdict convicting the
defendant of the crime charged.
guilty but mentally ill. (1977) A form of verdict in a
criminal case whereby the jury rejects the defendant's
insanity defense but still recommends psychiatric treat
ment because the detendant is mentally ilL Abbr.
GBMI; GMI. -Also termed guilty but insane; guilty
ofthe act, but so insane as not to be responsible. See
INSANITY DEFENSE. [Cases: Criminal Law ~286.l0.]

777
guilty mind. See MENS REA.
guilty plea. See PLEA (1).
guilty verdict. See VERDICT.
gun-control law. (1968) A statute or ordinance that
regulates the sale, possession, or use of firearms.
Gun-control laws vary widely among the states, and
many cities have gun-control ordinances. Federal law
restricts and regulates the illegal sale, possession, and
use of firearms. 18 USCA  921-930. See BRADY ACT.
[Cases: Weapons
Gun-Free Schools Act. A federal law designed to
eliminate weapons in schools. 20 USCA  7151.
The Gun-Free Schools Act provides that each state
receiving federal funds for elementary and secondary
schools must require school districts to expel for one
year any student found to have brought a weapon to
school. The Act does, however, provide for a case-bygyve
case modification ofthe expulsion requirement. [Cases:
Schools Y 177.]
gun-jumping. Slang. The act of unlawfully soliciting the
public's purchase ofsecurities before the SEC approves
a registration statement; the making of offers after the
filing ofa registration statement, but before its effective
date, when such offers violate the Securities Act. Also
termed conditioning the market. See REGISTRATION
STATEMENT.
gwalstow (gwawl-stoh). [fro Old English gwal "gallows"
+ stow "place"] Hist. A place where criminals were
executed.
gynecocracy (gr-m-kok-rd-see also jin-d or jI-nd-). (17c)
Government by a woman or by women. -Also spelled
gynaecocracy.
gyve (jIV). (I4c) (usu. pl.) Hist. A shackle for the leg.

H
H. abbr. 1. HOUSE OF REPRESENTATIVES. 2. House report.
3. See house bill under BILL (3). 4. In the citation of
English statutes, a king named Henry. 5. In the Year
Books, the Hilary term. See YEAR BOOKS (3); HILARY
SITTINGS. 6. In tax assessments and other such official
reports, a house.
habe (hay-bee). [Law Latin] A form of the salutatory
expression ave ("hail"). -Also termed have (hay
vee).
habeas corpora juratorum (hay-bee-;}s kor-p;}r-;} juur
;}-tor-am). [Law Latin "that you have the bodies of the
jurors"] Hist. A writ commanding the sheriff to bring
in jurors and, if necessary, to take their lands and goods
as security to ensure their attendance in court for a trial
setting. -This writ issued from the Court ofCommon
Pleas and served the same purpose as a distringas jura
tores in the King's Bench. The writ was abolished in
l852.
habeas corpus (hay-bee-as kor-p;}s). [Law Latin "that
you have the body"] (I8c) A writ employed to bring a
person before a court, most frequently to ensure that
the person's imprisonment or detention is not illegal
(habeas corpus ad subjiciendum) .  In addition to being
used to test the legality of an arrest or commitment,
the writ may be used to obtain judicial review of (1)
the regularity of the extradition process, (2) the right
to or amount of bail, or (3) the jurisdiction of a court
that has imposed a criminal sentence. -Abbr. H.C.
Sometimes shortened to habeas. -Also termed writ
ofhabeas corpus; Great Writ. [Cases: Habeas Corpus
(:=>201.]
''The writ of habeas corpus, by which the legal author
ity under which a person may be detained can be chal
lenged, is of immemorial antiquity. After a checkered
career in which it was involved in the struggles between
the common-law courts and the Courts of Chancery and
the Star Chamber, as well as in the conflicts between Parlia
ment and the crown. the protection of the writ was firmly
written into English law by the Habeas Corpus Act of 1679.
Today it is said to be 'perhaps the most important writ
known to the constitutional law of England ....'" Charles
Alan Wright, The Law of Federal Courts  53, at 350 (5th
ed. 1994) (quoting Secretary of State for Home Affairs v.
O'Brien, [1923] A.C. 603, 609).
habeas corpus ad deliberandum et recipiendum (hay
bee-as kor-p;}s ad di-lib-;}-ran-dam et ri-sip-ee-en
dam). [Law Latin "that you have the body to consider
and receive"] Hist. A writ used to remove a person for
trial from one county to the


"that you have the body to consider
and receive"] Hist. A writ used to remove a person for
trial from one county to the county where the person
allegedly committed the offense. Cf. EXTRADITION.
habeas corpus adfaciendum et recipiendum (hay
bee-as kor-p;}s ad fay-shee-en-dam et ri-sip-ee-en
ddm). [Law Latin "that you have the body to do and
receive"] Hist. A writ used in civil cases to remove
the case, and also the body of the defendant, from an inferior court to a superior court. Also termed
habeas corpus cum causa. See CERTIORARI.
habeas corpus adprosequendum (hay-bee-;)s kor-pas
ad prahs-a-kwen-d;}m). [Law Latin "that you have the
body to prosecute"]. A writ used in criminal cases to
bring before a court a prisoner to be tried on charges
other than those for which the prisoner is currently
being confined. [Cases: Criminal Law
habeas corpus ad respondendum (hay-bee-ds kor-PdS
ad ree-spon-den-d;}m). [Law Latin "that you have the
body to respond"] Hist. A writ used in civil cases to
remove a person from one court's custody into that
of another court, in which the person may then be
sued.
habeas corpus ad satisfaciendum (hay-bee-;}s kor-pds
ad sat-is-fay-shee-en-d~m). [Law Latin "that you have
the body to make amends"] In England, a writ used to
bring a prisoner against whom a judgment has been
entered to some superior court so that the plaintiff
can proceed to execute that judgment.
habeas corpus ad subjiciendum (hay-bee-as kor-pds
ad sab-jis-ee-en-d;}m). [Law Latin "that you have
the body to submit to"] A writ directed to someone
detaining another person and commanding that the
detainee be brought to court. -Usu. shortened to
habeas corpus. [Cases; Habeas Corpus
habeas corpus ad testificandum (hay-bee-;}s kor-pds
ad tes-ti-fi-kan-dam). [Law Latin "that you have
the body to testify"] Hist. A writ used in civil and
criminal cases to bring a prisoner to court to testify.
[Cases: Witnesses C"::'18.J
habeas corpus cum causa. See habeas corpus ad facien
dum et recipiendum.
Habeas Corpus Act. 1. One ofthe four great charters of
English liberty (31 Car. 2, 1679), securing to English
subjects speedy relief from all unlawful imprison
ments . The other three great charters are Magna
Carta, the Petition of Right (3 Car. 1, 1628), and the
Bill of Rights (1 Wm. & M. 1689). The Habeas Corpus
Act does not apply in Scotland; the corresponding
statute is the Criminal Procedure Act of 1701, ch. 6. 2.
A statute deriving ultimately from the English statute
and enacted in the United States as a constitutional
guarantee of personal liberty. [Cases: Habeas Corpus
(:=>201-9l3.]
habendum clause (ha-ben-dam). (1829) 1. 1he part of
an instrument, such as a deed or will, that defines the
extent of the interest being granted and any condi
tions affecting the grant.  The introductory words to
the clause are ordinarily to have and to hold. Also
termed to-have-and-to-hold clause. [Cases: Deeds
120.] 2. Oil & gas. The provision in an oil-and-gas lease

779
defining how long the interest granted to the lessee will
extend. Modern oil-and-gas leases typically provide
for a primary term a fixed number of years during
which the lessee has no obligation to develop the
premises -and a secondary term (for "so long there
after as oil and gas produced") once development takes
place. Most jurisdictions require production ofpaying
quantities to keep the lease in effect. -Often short
ened to habendum. Also termed term clause. [Cases:
Mines and Minerals
''This part of the deed was originally used to determine the
interest granted, or to lessen, enlarge, explain or qualify
the premises. But it cannot perform the office of divesting
the estate already vested by the deed; for it is void if it be
repugnant to the estate granted. It has degenerated into
a mere useless form; and the premises now contain the
specification of the estate granted, and the deed becomes
effectual without any habendum. If, however, the premises
should be merely descriptive, and no estate mentioned,
then the habendum becomes efficient to declare the
intention; and it w',11 rebut any implication arising from
the silence of the premises." 4 James Kent, Commentaries
on American Law *468 (George Comstock ed., 11th ed.
1866),
habendum et tenendum (ha-ben-d;)m et t<l-nen-dam).
[Law Latin] Hist. To have and to hold . This formal
phrase appeared in land deeds and defined the estate
or interest being transferred. See HABENDUM CLAUSE;
TENENDlJM; TO HAVE AND TO HOLD.
habentes homines (ha-ben-teez hom-a-neez), n. [Law
Latin "men who have"] Hist. Rich men. Also termed
foesting-men.
habere (ha-beer-ee), vb. [Latin "to have"] Roman law. To
have (the right to) something . This term was some
times distinguished from tenere (to hold) and possidere
(to possess), with habere referring to the right, tenere to
the fact, and possidere to both.
'''Habere' has two meanings; for we say that the owner of
a thing 'has' it and also that a nonowner who holds the
thing 'has' it. Lastly, we use the wore;! in relation to property
deposited with us." Digest ofJustinian 45.1.38.9 (Ulpian,
Ad Sabinum 49).
habere facias possessionem (ha-beer-ee fay-shee-as
pa-zes[h]-ee-oh-nam), n. [Law Latin "that you cause to
have possession"] Hist. A writ giving a successful eject
ment-action plaintiff the possession of the recovered
land. Ifthe sheriff delivered more than the person
was entitled to, a writ of rehabere facias seisinam could
compel the sheriff to return the excess. Often short
ened to habere facias or hab. fa.
habere facias seisinam (ha-beer-ee fay-shee-as see-zi
nam), n. [Law Latin "that you cause to have seisin"] Hist.
A writ of execution commanding the sheriff to give
the applicant seisin of the recovered land . 1hi8 writ
was the proper process for giving seisin of a freehold,
as distinguished from giving only a chattel interest in
land. See SEISIN.
habere facias visum (ha-beer-ee fay-shee-<ls VI-S;)m or
-zam), n. [Law Latin "that you cause to have a view"]
Hist. A writ allowing a litigant to inspect the lands in
controversy. habitual residence
habere licere (ha-beer-ee li-seer-ee), vb. [Latin "to allow
to have"] Roman law. To stipulate to a purchaser's right
to possess and enjoy property undisturbed . The term
denoted a seller's duty to indemnify the purchaser if
the purchaser was evicted. An evicted purchaser could
raise an action on the stipulation or, under Justinian,
an actio ex empto against the seller.
hab.fa. abbr. HABERE FACIAS POSSESSIONEM.
habili et competente forma (hab-a-lI et kom-pa-ten-tee
for-rna). [Latin) Hist. In a fit and competent manner.
habili modo (hab-a-h moh-doh). [Latin] Hist. In a fit
manner; sufficiently.
habilis causa transferendi dominii (hab-a-lis kaw-za
trans-fa-ren-dr da-min-ee-I). [Law Latin] Hist. An
adequate title for transferring the property. The
phrase appeared in reference to the grantor's power
and intention to convey the property; the title had to
be sufficient to support the conveyance ofproperty.
Also spelled habilis causa transferrendi dominii.
habitability. (1890) The condition of a building in
which inhabitants can live free of serious defects that
might harm health and safety <lack of running water
adversely affects the apartment's habitability>.
habitability, implied warranty of. See implied warranty
ofhabitability under WARRANTY (2).
habitancy (hab-a-tan-see). (18c) 1. DOMICILE (1).2. RESI
DENCE.
habit and repute. [fr. Latin habitus et reputatus "held and
reputed"] Scots law. A person's reputation . Marriage
could formerly be constituted ifone was generally held
and reputed to be married. And it was an aggravation
oftheft to be held and reputed a thiet:
habitant (a-bee-ton), n. [French] 1. Hist. French law. A
person holding land in feudal tenure from a seignior.
2. A native ofCanada oHrench descent, esp. one from
the farming class.
habitatio (hab-a-tay-shee-oh), n. [Latin"dwelling"]
Roman law. The right to dwell (in a place); the right of
free residence in another's house; an urban servitude.
 This right was usu. given by will and treated as a
personal servitude. See urban servitude under SERVI
TUDE (2). Cf. USUFRUCT; USUS (1).
habitation. (14c) 1. The act ofinhabiting; occupancy. 2.
A dwelling place; a domicile. 3. Civil law. A nontrans
ferable and nonheritable right to dwell in the house
of another. La. Civ. Code art. 630. See RESIDENCE;
DOMICILE. Cf. USUFRUCT.
habit evidence. See EVIDENCE.
habitual, adj. (17c) 1. Customary; usual <habitual late
sleeper>. 2. Recidivist <habitual offender>.
habitnal criminal. See RECIDIVIST.
habitual drunkard. See DRUNKARD.
habitual offender. 1. See RECIDIVIST. 2. See OFFENDER.
habitual residence. See RESIDENCE.

hable (ab-Jl), n. (Law French] Hist. A port or harbor; a
station for ships.
hacienda particular (ah-syen-dah [or hah-see-en-dd]
pahr-tee-koo-Iahr), n. Spanish law. Private property.
hacienda publica (ah-syen-dah [or hah-see-en-dd] poo
blee-kah), n. Spanish law. 1. Public revenue or assets. 2.
The public treasury; economic ministry.
hacienda social (ah-syen-dah [or hah-see-en-dd] soh
syahl), n. Spanish law. Property belonging to a corpo
ration or partnership.
hack, vb. To surreptitiously break into the computer,
network, servers, or database of another person or
organization. Cf. CRACK. hacker, n.
had. Commenced or begun, as used in a statute provid
ing that no legal proceeding may be had (usu. followed
by the words or maintained) <no action for foreclosure
may be had or maintained until the debtor has been
given at least 30 days' notice>.
hadbote. See BOTE (2).
hadgonel (had-ga-nel), n. Hist. A tax or mulct.
Hadley v. Baxendale rule. (1930) Contracts. The principle
that consequential damages will be awarded for breach
ofcontract only ifit was foreseeable at the time ofcon
tracting that this type of damage would result from
the breach. Hadley v. Baxendale, 9 Exch. 341 (1854) .
Hadley v. Baxendale is best known for its impact on a
nonbreaching party's ability to recover consequential
damages, but the case also confirmed the principle that
the nonbreaching party may recover damages that arise
naturally from the breach. See foreseeable damages
under DAMAGES. [Cases: Damages C=:>23.]
"The rationale of the decision appears in Baron Alderson's
noted statement of what came to be known as the two
rules of Hadley v. Baxendale. The first rule was that the
injured party may recover damages for loss that 'may fairly
and reasonably be considered [as] arising naturally, i.e.,
according to the usual course of things, from such breach
of contract itself.' ... The second and more significant
rule went to recovery of damages for loss other than that
'arising naturally' to recovery of what have come to be
known as 'consequential' damages .... By introducing
this requirement of 'contemplation' for the recovery of
consequential damages, the court imposed an important
new limitation on the scope of recovery that juries could
allow for breach of contract. The result was to impose a
more severe limitation on the recovery of damages for
breach of contract than that applicable to actions in tort or
for breach of warranty, in which substantial or proximate
cause is the test." E. Allan Farnsworth, Contracts  12.14,
at 822-23 (3d ed. 1999).
had-not test. See BUT-FOR TEST.
haec est conventio (heek est k.m-ven-shee-oh). [Law
Latin] Hist. This is the agreement.  These formal words
commonly prefaced written agreements.
haec estfinalis concordia (heek est fi-nay-lis k;m-kor
dee-;J). [Law Latin] Hist. This is the final agreement.
 These were the words that began a fine, a fictitious
judicial proceeding formerly in use as a mode of con
veying land. See FO


the words that began a fine, a fictitious
judicial proceeding formerly in use as a mode of con
veying land. See FOOT OF THE FINE; FINE.
haec verba. See IN HAEC VERBA. haeredibus et assignatis quibuscunque (ha-red-i-bds
et as-ig-nay-tis kwib-Js-bng-kwee). [Law Latin] Scots
law, To heirs and assignees whomsoever. _ This was a
simple destination phrase.
haereditas. See HEREDITAS.
haeres. See HERES.
haeretico comburendo. See DE HAERETICO COMBU
RENDa.
hafne (hay-vJn), n. [Old English] A haven or port.
hafne court. Hist. Haven courts; one of several courts
anciently held in certain ports in England.
Hague Academy of International Law (hayg). A center
for advanced studies in international law, both public
and private, aimed at facilitating the comprehensive
and impartial examination of problems ofinternational
legal relations . It was founded in the Netherlands in
1923 on the initiative of the Carnegie Endowment for
International Peace and the Institut de Droit Interna
tional. -Also termed Academie de Droit International
de La Haye.
Hague Convention. The short name for anyone of the
many numerous international conventions that address
different legal issues and attempt to standardize proce
dures between nations. [Cases: Treaties
Hague Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption.
A 1993 international agreement to establish uniform
procedures governing intercountry adoptions . The
Convention has not been widely adopted. The U.S. has
signed but not ratified it.
Hague Convention on the Civil Aspects of Interna
tional Child Abduction. An international convention
(concluded in 1980) that seeks to counteract cross
border child-snatching by noncustodial parents .
This convention created a legal mechanism available
to parents seeking the return of, or access to, their
children. Its purposes are to secure the prompt return
ofchildren who have been wrongfully taken from one
country to another and to enforce custody and visita
tion rights in the contracting countries. The procedure
is summary in nature and does not contemplate con
tinuing hearings on the merits ofa dispute. More than
80 countries are parties to the Convention, including
the United States. 42 USCA  11601-11610. [Cases:
Child Custody C=:>802; Treaties
Hague Convention on the Service Abroad of Judicial
and Extrajudicial Documents. An international
convention, concluded on November 15, 1965, gov
erning procedures for effecting service of process
in a foreign country. More than 35 countries are
parties to the Convention, including the United States.
[Cases: Federal Civil Procedure (;::;)462; Process (;:'c
83; Treaties (,~8.1
Hague Convention on the Taking ofEvidence Abroad
in Civil or Commercial Matters. An international
convention, concluded on October 26, 1968, that
establishes procedures for obtaining evidence in a

781
foreign country, such as taking a deposition abroad.
 More than 27 countries are parties, including the
United States. [Cases: Federal Civil Procedure <::=>1261;
Pretrial Procedure Treaties <::=>8.]
Hague Rules. Maritime law. An international agree
ment adopted at the International Convention for the
Unification ofCertain Rules ofLaw Relating to Bills of
Lading in 1924. _ Under the Hague Rules, a carrier is
not liable for losses. [Cases: Shipping <::=> 103, 140.]
Hague Tribunal. Int'llaw. A permanent court ofarbi
tration established by the Hague Peace Conference of
1899 to facilitate immediate recourse to arbitration to
settle international differences . The court was given
jurisdiction over all arbitration cases, unless the parties
agreed to institute a special tribunal. An international
bureau was likewise established to serve as a registry
for the court and to issue communications about the
court's meetings. The court is "permanent" only in the
sense that there is a permanent list of members from
whom arbitrators in a given case are selected. Apart
from making minor changes in the court, the Second
Hague Conference of 1907 provided that, of the two
arbitrators appointed by each party, only one should
be a national of the appointing state.
haircut.!. Securities. The discount required by the
National Association ofSecurities Dealers on the value
ofstock that a brokerage firm holds in its own account
at the time of filing a monthly report about the firm's
net capital condition. [Cases: Securities Regulation
<~::>40.13.] 2. 1he difference between the amount of a
loan and the market value ofthe collateral securing
the loan.
haircut reorganization. See REORGANIZATION (1).
Haitian divorce. See Mexican divorce under DIVORCE.
hale, v. To compel (a person) to go, esp. to court <hale a
party into court>.
half, n. (bef. 12c) One of two equal parts into which a
thing can be divided; MOIETY.
half blood. See BLOOD.
half brother. See BROTHER.
halfendeal (hahv-an-deel), n. [fro Law Latin halfendelel
Hist. Half a thing; a moiety. -Also spelled halfendeal;
halfendeal.
half-mark. See DEMIMARK.
half nephew. See NEPHEW (1).
half niece. See NIECE.
half orphan. See ORPHAN (2).
half-pilotage. See PILOTAGE.
halfplus one. Parliamentary law. A common but inexact
(and often inaccurate) approximation for a majority .
For a body with 100 members, a majority is indeed half
plus one, or 51. But for a body with an odd number of
members, "half plus one" would not be a whole number.
So "a simple majority" is a better choice for deSignat
ing majority rule. -Also termed 50 percent plus one.
See MAfORITY (2). halle-gemot
half-proof. Civil law. 1. Proof established by one witness,
or by a private instrument. See UNUS NULLUS RULE.
2. Prima facie proof that is nonetheless insufficient to
support a sentence or decree.
half-seal. Hist. A seal used in the Court of Chancery to
mark commissions to the Court of Delegates on the
appeal of an ecclesiastical or maritime case. -The use
ofthe seal ended when the Court ofDelegates was abol
ished in 1832. See COURT OF DELEGATES.
halfsection. See SECTION.
halfsister. See SISTER.
half-timer. Hist. In England, a child excused from
full-time attendance at school under the Factory and
Workshop Act of 1908 so that the child could work
part-time in a factory or workshop. The Factory and
Workshop Acts from 1901 to 1911 were repealed by the
Factory and Workshop (Cotton Cloth Factories) Act of
1929 and the Factories Act of 1937.
half-tongue. Hist. In England, a jury empaneled to try
an alien, and composed half ofone nationality and half
of another. The use ofthis type ofjury ended in 1914
with the passage of the Status ofAliens Act.
halfway house. (1970) A transitional hOUSing facility
designed to rehabilitate people who have recently left a
prison or medical-care facility, or who otherwise need
help in adjusting to a normal life. Also termed resi
dential community treatment center.
half-year. See YEAR.
Halifax law. 1. LYNCH LAW; more broadly, an irrevoca
ble punishment carried out after a summary trial. 2.
The summary and unauthorized trial and execution
(usu. by decapitation) of a person accused of a crime.
_ This term comes from the parish of Halifax, in
England, where -according to custom in the forest of
Hardwick -this form ofprivate justice was anciently
practiced by the free burghers against people accused
ofstealing. Thieves could be condemned to death by
beheading on market day. The last such case is said
to have occurred in 1650. -Also termed gibbet law;
Halifax inquest.
haligemot. See HALLMOTE.
hall. (bef. 12c) 1. A building or room ofconsiderable size,
used for meetings ofbodies such as public assemblies,
conventions, and courts. 2. Parliamentary law. The
room or other space in which a deliberative assembly
meets. 3. Hist. A manor house or chief mansion house.
 It was called a hall because the magistrate's court was
typically held there.
hallage (hawl-ij), n. (l7c) Hist. A fee or toll due for goods
or merchandise sold in a hall used as a market; a toll
payable to the lord ofa fair or market for commodities
sold in the common hall.
hallazgo (ah-yahz-goh), n. [Spanish] Spanish law. 1. The
finding and taking possession ofownerless property. 2.
The first occupant recognized by law.
halle-gemot (hawl-ga-moht), n. See HALLMOTE.

782 halligan tool
halligan tool. See HOOLIGAN TOOL.
hallmark. (18c) 1. An official stamp affixed by goldsmiths
and silversmiths on articles made ofgold or silver to
show genuineness. 2. A mark of genuineness.
hallmoot. See HALLMOTE.
hallmote (hahl-moht), n. (bef. 12c) 1. Hist. A court
baron; specif., an annual court, presided over by the
lord of the manor, to decide civil disputes between
feudal tenants . The court was usu. held in the manor's
great hall. See COURT BARON. 2. A trade-guild's com
mercial court, in which guild members were tried for
trade-related offenses against the guild. 3. A convention
of citizens in their public hall. -Also termed folkmote.
4. (Erroneously) an ecclesiastical court.  Although
this definition appears in many secular legal diction
aries, it is unheard of in canon law. In sense 4, it is
often (erroneously) spelled holymote. Also spelled (in
senses 1-3) hallmoot; halmote; halymote; halle-gemot;
haligemote.
halmote. See HALLMOTE.
halymote (hal-;>-moht). See HALLMOTE.
ham (ham or am). (bef. 12c) 1. A place of dwelling; a
village. This word now usu. appears in compound
form at the end ofplace names, such as Buckingham. 2.
A small (esp. enclosed) pasture; a piece ofland. -Also
spelled hamm. Cf. HAMLET.
hamel. See HAMLET.
hameleta. See HAMLET.
hamesucken (haym-s;>k-;m), n. (bef. 12c) Scots law.
1. Assault on a householder within the house after
breaking in to commit the assault or to commit theft. 2.
The crime ofhousebreaking or burglary accompanied
by violence . This term derives from Anglo-Saxon law
(hamsoen), and literally meant" breaching the peace of
another's home." Also spelled hamesecken; hameso
ken. Also termed hamfare.
"Burglary, or nocturnal housebreaking, burgi latrocinium,
which by our ancient law was called hamesecken, as it is in
Scotland to this day, has always been looked upon as a very
heinous offence ...." 4 William Blackstone, Commentaries
on the Laws of England 223 (1769).
hamfare. See HAMESGCKEN.
hamlet. (bef. 12c) A small village; a part or member ofa
vill.  A hamlet in a rural community might consist of
no more than a store, a church, and a few residences.
Also termed hamel; harneleta; hamleta. See VILL. Cf.
HAM.
hamleta. See HAMLET.
hammer, n. Slang. A forced a sale at public auction
<her jewelry was brought to the hammer>. See forced
sale under SALE.
Hammurabi, Code of. See CODE OF HAMMURABI.
hanaper (han-;>-p;>r), n. [Law Latin hanaperium
hamper"] (14c) Hist.1. A basket or hamper used by the
Chancery to store writs and returns. 2. The treasury of
the Chancery, funded from the fees charged for writs.
Cf. FISCUS. Hanaper Office. His!. An office formerly belonging to
the common-law jurisdiction ofthe Chancery Court .
The term derives from the storage ofwrits in a hamper
(in hanaperio). Crown writs, on the other hand, were
stored in the Petty Bag Office. The Hanaper Office was
abolished in 1842. See BAGA.
hand, n. 1. A person's handwriting <a holographic will
must be in the testator's hand>. 2. An instrumental part
<he had a hand in the crime>. 3. One who performs
some work or labor <Hickory was one of the Gales'
hired hands>. 4. (usu. pl.) Possession <the cocaine was
now in the hands of the police>. 5. Assistance <the
carpenter lent a hand to the project>. 6. A measure
oflength equal to four inches, used in measuring the
height of equines, esp. horses <the pony stood ten
hands tall>. [Cases: Weights and Measures (;:::;:-3.] 7.
Hist. An oath <he gave his hand on the matter>. 8. One
oftwo sides or aspects ofan issue or argument <on the
one hand we can argue for imprisonment, on the other
for leniency>.
hand, vb. To give; to deliver <


one hand we can argue for imprisonment, on the other
for leniency>.
hand, vb. To give; to deliver <he handed over the docu
ments>.
handbill. (I8c) A written or printed notice displayed,
handed out, or posted, usu. to inform interested people
ofan event or ofsomething to be done . Posting and
distribution of handbills is regulated by ordinance or
statute in most localities.
hand down, vb. (17c) To announce or file (a judgment)
in a case . The term was originally used in connection
with an appellate-court opinion sent to the court below;
it was later expanded to include any decision by a court
on a case or point under consideration. [Cases: Appeal
and Error (;:::;:-1181, 1182; Federal Courts (;:::;:-921.]
handfasting. 1. See handfast marriage (3) under MAR
RIAGE (1). 2. See hand fast marriage (4) under MARRIAGE
(1).
handfast marriage. See MARRIAGE (1).
Hand formula. (1972) A balancing test for determin
ing whether conduct has created an unreasonable risk
of harm, first formulated by Judge Learned Hand in
United States v. Carroll Towing Co., 159 F.2d 169 (2d
Cif. 1947) . Under this test, an actor is negligent if
the burden oftaking adequate precautions against the
harm is outweighed by the probable gravity ofthe harm
multiplied by the probability that the harm will occur.
[Cases: Negligence (;:::;:-215.]
''The legal standard applicable to most unintentional tort
cases is that of negligence, defined by Judge Learned Hand
as follows: the defendant is gUilty of negligence if the loss
caused by the aCCident, multiplied by the probability of the
accident's occurring, exceeds the burden of the
tions that the defendant might have taken to avert This
is an economic test.... Although the Hand formula is of
relatively recent origin, the method that it capsulizes has
been the basic one used to determine negligence ever since
negligence was first adopted as the standard to govern
accident cases." Richard A. Posner, Economic Analysis of
Law  6.2, at 122-23 (2d ed. 1977).
handhabend (hand-hab-;>nd), adj. (14c) Rist. (Of a thief)
caught in possession of a stolen item.

783
handhabend, n. [fro Old English aet haebbendre handa
"at or with a having hand"] Hist. 1. The bearing ofstolen
goods in hand or about the person. Cf. BACKBEREND. 2.
A thief or another person caught carrying stolen goods.
3. Jurisdiction to try a person caught carrying stolen
goods. -Also spelled hand-habende.
handicap. See DISABILITY (2).
handicapped child. See CHILD.
hand money. Money paid in hand to bind a bargain;
earnest money paid in cash. See EARNEST MONEY.
hand note. See NOTE (1).
handsale. Hist. A sale memorialized by shaking hands.
 Over time, handsale also came to refer to the earnest
money given immediately after the handshake. In
some northern European countries, shaking hands
was necessary to bind a bargain. This custom some
times persists for oral contracts. The Latin phrase for
handsale was venditio per mutuam manuum complex
ionem ("a sale by the mutual joining of hands"). -Also
spelled handsel.
hands-off agreement. (1986) A noncompete contrac
tual provision between an employer and a former
employee prohibiting the employee from using infor
mation learned during his or her employment to divert
or to steal customers from the former employer. [Cases:
Contracts ~U8.]
hand up, vb. (1930) (Of a grand jury) to deliver (an indict
ment) to a criminal court.
handwriting. (15c) Evidence. 1. A person's chirography;
the cast or form ofwriting peculiar to a person, includ
the size, shape, and style of letters, and whatever
individuality to one's writing. [Cases: Evidence
2. Something written by hand; a writing
specimen. Nonexpert opinion about the genuineness
of handwriting, based on familiarity not acquired for
litigation purposes, can authenticate a document. Fed.
R. Evid. 901(b)(2). [Cases: Criminal Law ~452(4);;
Evidence ~480, 561.)
hang, vb. (1848) 1. (Of a jury) to be unable to reach a
verdict <the jury was hung after 12 hours of continu
0us deliberation>. See hung jury under JURY. [Cases:
Criminal Law ~'867; Federal Civil Procedure
1974; Trial ~316.12. To suspend a person above the
ground by a rope tied around the person's neck in order
to cause the person's death. _ The standard past tense
of the verb in sense 2 is hanged, not hung -the latter
being the standard past tense in all other uses of the
verb. See HANGING.
hanged. drawn, and quartered. Rist. An ancient
sentence for high treason, conSisting of the prisoner's
being drawn on a hurdle to the place of execution,
hanged by the neck (but not until dead), disembow
eled, and beheaded, and the body then divided into
four pieces for the king's disposal.  The sentence was
abolished in England in 1870. See TREASON.
hanging, n. The killing of someone by suspending the
person above the ground by a rope around the person's happy-slapping
neck. -Death is caused by asphyxiation (by being
hoisted from the ground) or by a sudden breaking of
the cervical vertebrae (by being dropped from a height).
Hanging was a common form ofcapital punishment in
the United States until the 19308. See HANG.
hanging chad. See CHAD.
hanging in chains. Hist. English law. As the punishment
in an atrocious case, the suspending of an executed
murderer's body by chains near where the crime was
committed. Hanging in chains was abolished in
1834.
hanging judge. See JUDGE.
hangman. Archaic. An executioner, esp. one who
executes condemned criminals by hanging.
Hansard (han-s;}rd). The official reports of debates
in the British Parliament.  The name derives from
Luke Hansard (1752-1828), printer of the Journal of
the House ofCommons from 1774 to 1828. The name
has varied at different times. In 1892 it became the
Authorised Edition; in 1909 the title was changed to the
Official Report; and since 1943 the name Hansard has
been added to Official Report. -Also termed Hansard
Official Report; Hansard's Debates.
hanse (hans), n. [German] (14c) Hist. 1. A merchant
guild, esp. one engaging in trade abroad. 2. A fee for
entrance to the guild; an impost levied on merchants
not belonging to the guild.
Hanseatic (han-see-at-ik), adj. (17c) Hist. 1. Ofor relating
to the union ofthe Hanse Towns, usu. referred to as the
Hanseatic League. 2. Ofor relating to a hanse or com
mercial alliance.
Hanse Towns (hans). Hist. The collective name of certain
German cities including Lubeck, Hamburg, and
Bremen that allied in the 12th century to protect
and further their mutual commercial interests . This
alliance was usu. called the Hanseatic League. The
League framed and promulgated a code of maritime
law known as the Laws ofthe Hanse Towns, orJus Han
seaticum Maritimum. The League's power peaked in the
14th century, then gradually declined until 1669, when
the last general assembly was held.
Hanse Towns, laws of the. Rist. A uniform maritime
code drawn from the laws of the Hanse towns, esp. that
of Lubeck, published in German at Lubeck in 1597 and
revised and enlarged in 1614.
happiness, right to pursue. (1829) The constitutional
right to pursue any lawful business or activity -in
any manner not inconsistent with the equal rights
of others -that might yield the highest enjoyment,
increase one's prosperity, or allow the development
of one's faculties . This is a penumbral rather than
explicit right under the U.S. Constitution. See the Dec
laration ofIndependence ~ 2 (1776). [Cases: Constitu
tional Law C:::>1107.]
happy-slapping. Slang. An assault on a randomly chosen
victim by a person or group while another person films
the assault with the intention oflater broadcasting or

784 harassment
selling copies ofthe recording . Happy-slapping began
in the early 20005 as a fad in London, in which a teenage
victim was merely slapped or struck with an object such
as a rolled-up newspaper while the assault was recorded
on a cellphone camera. As the fad spread across England
and into Europe, the perpetrators attacked victims of
all ages, and the assaults escalated from mere slaps to
serious bodily injury, rape, and murder.
harassment (ha-ras-mant or har-as-mant). (I8c) Words,
conduct, or action (usu. repeated or persistent) that,
being directed at a specific person, annoys, alarms, or
causes substantial emotional distress in that person
and serves no legitimate purpose. Harassment is
actionable in some circumstances, as when a creditor
uses threatening or abusive tactics to collect a debt.
[Cases: Civil Rights (>1036, 1143.] -harass (ha-ras
or har-as), vb.
same-sex harassment. See same-sex sexual harassment
under SEXUAL HARASSMENT.
sexual harassment. See SEXUAL HARASSMENT.
harbinger (hahr-bin-jar), n. (14c) 1. Hist. In England,
a royal officer who went ahead and was responsible
for securing lodging for troops or for a traveling royal
entourage. 2. A person or thing that predicts what is to
come <a harbinger ofbad news>.
harbor, safe. See SAFE HARBOR.
harboring, n. (14c) The act ofaffording lodging, shelter,
or refuge to a person, esp. a criminal or illegal alien.
[Cases: Aliens, Immigration, and Citizenship (>778;
Compounding Offenses C:--:;3.5.]
harboring an illegal alien. The act ofproviding conceal
ment from detection bv law-enforcement authorities or
shelter, employment, ~r transportation to help a non
citizen remain in the United States unlawfully, while
knowing about or recklessly disregarding the nonciti
zen's illegal immigration status . The crime ofharbor
ing an illegal alien does not require that the offender
be involved in the smuggling of illegal aliens into the
country. 8 USCA  1324. [Cases: Aliens, Immigration,
and Citizenship C=:)778.]
harbor line. A line marking the boundary ofa certain
part of public water that is reserved for a harbor; esp.,
the line beyond which wharves and other structures
may not extend. [Cases: Navigable Waters (>14(1).]
hard asset. See real asset under ASSET.
hard case. (1836) A lawsuit involving equities that tempt
a judge to stretch or even disregard a principle oflaw at
issue. Hence the expression, "Hard cases make bad
law."
hard currency. See CURRENCY.
hard dollars. 1. Cash proceeds given to a seller. 2. The
part of an equity investment that is not deductible in
the first year. Cf. SOFT DOLLARS.
hard goods. See durable goods under GOODS.
hard labor. (18c) Work imposed on prisoners as addi
tional punishment, usu. for misconduct while in prison.  Several states (such as Louisiana, Maine, and New
Jersey) impose hard labor as a sentence for a variety
of crimes. Hard labor is also imposed in military sen
tencing. See PENAL SERVITUDE. [Cases: Sentencing and
Punishment c8==' 1067, 1134, 1526.]
hard-look doctrine. (1979) Administrative law. The prin
ciple that a court should carefully review an adminis
trative-agency decision to ensure that the decision did
not result from expediency, pressure, or whim. [Cases:
Administrative Law and Procedure C:)741.]
hard money. See MONEY.
hard sell. A sales practice characterized by slogans,
aggressiveness, intimidation, and urgent decision
making. Cf. SOFT SELL.
hardship. (l3c) l. Privation; suffering or adverSity. 2.
The asperity with which a proposed construction oflaw
would bear on a particular case, sometimes forming a
basis (also known as an argument ab inconvenienti)
against the construction. See AB INCONVENIENT!;
HARD CASE. [Cases: Statutes <>::: 181(2).] 3. family law.
A condition that makes it onerous or impossible for a
child-support obligor to make the required child-sup
port payment. [Cases: Child Support (>254, 458.J 4.
Zoning. A ground for a variance under some zoning
statutes ifthe zoning ordinance as applied to a particu
lar property is unduly oppressive, arbitrary, or confisca
tory; esp., a ground for granting a variance, based on
the impossibility or prohibitive expense ofconforming
the property or its use to the zoning regulation. -Also
termed unnecessary hardship. See VARIANCE (2). [Cases:
Zoning and Planning (>492.]
Hare-Ware voting. See instant-runoff voting under
VOTING.
harm, n. (bef. 12c) Injury, loss, damage; material or
tangible detriment.
accidental


bef. 12c) Injury, loss, damage; material or
tangible detriment.
accidental harm. 1. Harm not caused by a purposeful
act. 2. Harm not caused by a tortious act.
bodily harm. (16c) Physical pain, illness, or impair
ment ofthe body.
grievous bodily harm. See serious bodily injury under
INJURY.
physical harm. (18c) Any physical injury or impair
ment ofland, chattels, or the human body.
serious bodily harm. See serious bodily injury under
INJURY.
social harm. (1933) An adverse effect on any social
interest that is protected by the criminal law.
"If the phrase 'social harm' is used to include every invasion
of any social interest which has been placed under the pro
tection of a criminal sanction (whether by common law or
by statute), every crime may be said to involve, in addition
to other requirements, (1) the happening of social harm
and (2) the fact that the act of some person was the cause
ofthis harm." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 830 (3d ed. 1982).
harmful behavior. Conduct that could injure another
person, esp. a child. [Cases: Infants C'":::: 156.]

cumulatively harmful behavior. Family law. Seriously
harmful parental (or caregiver) behavior that, ifcon
tinued for a significant period, will over time cause
serious harm to a child.
immediately harmful behavior. Family law. Seriously
harmful parental (or caregiver) behavior that could
have caused serious injury to a child but that, because
ofthe intervention of an outside force or a fortuitous
event, did not result in any injury.
seriously harmful behavior. Family law. Parental (or
caregiver) behavior that could cause serious injury
to a child in the person's care . Some examples of
seriously harmful behavior are physical battering,
physical neglect, sexual abuse, and abandonment.
harmful child labor. See oppressive child labor under
CHILD LABOR.
harmful error. See reversible error under ERROR (2).
harmless error. See ERROR (2).
harmony. (14c) Agreement or accord; conformity <the
decision in Jones is in harmony with earlier Supreme
Court precedent>. -harmonize, vb.
harrow (har-oh or hJ-roh), n. [fr. Old French haro] (14c)
Hist. In Norman and early English law, an outcry (or hue
and cry) after felons and malefactors. -Also spelled
haro. See HUE AND CRY. Cf. CLAMEUR DE HARO.
Harter Act. Maritime law. An 1893 federal statute reg
ulating a carrier's liability for the loss or damage of
ocean cargo shipped under bills of lading. 46 USCA
app.  190-96. The Act was the primary model for
the Carriage of Goods by Sea Act, which has largely
superseded it in practice. See CARRIAGE OF GOODS BY
SEA ACT. [Cases: Shipping ~103.]
"[T1he Harter Act [was] the world's first legislative attempt
to allocate the risk of loss in ocean transportation between
carrier and cargo interests." Michael F. Sturley, Changing
Liability Rules and Marine Insurance, 24 j. Mar. L. & Com.
119, 119 (1993).
Hart-Scott-Rodino Antitrust Improvement Act. A
federal statute, enacted in 1976, that generally strength
ens the Justice Department's antitrust enforcement
powers, esp. by requiring firms to give notice to the
Federal Trade Commission and the Justice Department
of an intent to merge if one of the firms has annual
revenues or assets exceeding $100 million, and the
acquisition price or value of the acquired firm exceeds
$50 million. 15 USCA  18(a). -Often shortened to
Hart-Scott-Rodino Act (abbr. HSR Act).
hash, vb. To run (a document) through an encryption
algorithm, usu. to secure the contents or to derive a
number unique to the document. The product of
hashing is either run through the encryption algorithm
in reverse to verify that the transmitted message has
not been altered or combined with the sender's private
encryption key to produce a digital signature for the
document.
hash number. A unique numerical code generated by
encryption software for use in creating a digital signature. Also termed hashed number. See DIGITAL
SIGNATURE; HASH; KEY ENCRYPTION.
haspa (has-p"), n. [Law Latin] Hist. The hasp of a door.
 Livery of seisin was often made in the doorway of a
structure located on the property being transferred.
hasta (has-t<'l), n. [Latin "spear"]l. Roman law. A sale by
auction, indicated by a spear placed into the ground .
The phrase hastae subicere ("to put under the spear")
meant to put up for sale at auction. 2. Hist. A symbol
used to invest a fief.
Hatch Act. A federal statute, enacted in 1939, that
restricts political-campaign activities by federal
employees and limits contributions by individuals to
political campaigns. 5 USCA  1501-1508. Senator
Carl Hatch sponsored the Act following disclosures
that Works Progress Administration officials were
using their positions to campaign for the Democratic
Party. [Cases: Elections P311.2.j
Hatch-Waxman Act. The popular name of the 1984
federal law that provides incentives for the develop
ment of generic drugs and allows drug-patent owners
to regain the time lost on a patent's term while awaiting
approval ofthe drug from the Food and Drug Admin
istration. Also termed Drug Price Competition and
Patent Term Restoration Act of1984. [Cases: Health
317,319.]
hate crime. See CRIME.
hate speech. See SPEECH.
hat money. Maritime law. A small gratuity traditionally
paid to the master (and sometimes the crew) of a ship
for the care ofthe cargo. Also termed pocket money;
primage. [Cases: Shipping
"Primage and average, which are mentioned in bills of
lading, mean a small compensation or duty paid to the
master, over and above the freight, for his care and trouble
as to the goods. It belongs to him of right, and it is not
understood to be covered by the policy of insurance. For
these charges, as well as for freight, the master has a lien
on the cargo: 3 James Kent, Commentaries on American
Law *232 n. (b) (George Comstock ed., 11th ed. 1866).
Hatsell's Precedents. Parliamentary law. A compilation
of points of order decided in the House of Commons,
published by the House's clerk, John Hatsell, in two
volumes, the first in 1776 and the second in 1781.  Hat
sell's compilation was a primary source for the manual
that Thomas Jefferson compiled while presiding over
the United States Senate.
hauber ([h]aw-bJr), n. [Old French] Hist. A high lord;
a great baron.
haulage royalty. See ROYALTY (2).
haustus (haws-tJs), n. [Latin "a drawing"] Roman law.
A species of rustic praedial servitude consisting in the
right to draw water from a well or spring on another's
property the term being common esp. in the form
aquaehaustus. -A right-of-way (iter) to the well was
implied in the easement.
have. See HABE.
have and hold. See HABENDUM CLAUSE (1).

have the floor 786
have the floor. Parliamentary law. To be entitled to speak
after being recognized by the chair.
hawala (ha-wah-h'l), n. [Hindi] A system for transferring
money, usu. across national borders, based on trust and
operating through networks based on family relation
ships or on regional or ethnic affiliations rather than
through banks and financial institutions. -The system
originated in India before the introduction ofwestern
banking practices. It is commonly used in immigrant
communities. In Indian and Pakistani usage, "white
hawala" refers to legitimate transactions and "black
hawala" refers to money-laundering. -Also termed
hundi.
hawaladar (hd-wah-l,,-d;n), n. [Hindi] A hawala
operator.
hawker. (16c) An itinerant or traveling salesperson who
sells goods in a public street, esp. one who, in a loud
voice, cries out the benefits ofthe items offered for
a peddler. - A hawker is usu. required to have a license.
[Cases: Hawkers and Peddlers 03.J
hawking. The act of offering, by outcry, goods for sale
from door to door or on a public street. [Cases: Hawkers
and Peddlers
haybote (hay-boht), n. [fr. French haye "a hedge" +Saxon
bote "an allowance"] Hist. The right or privilege of a
tenant for life or years to have material to repair the
hedges or or to make farming implements.
Also termed hedgebote. See BOTE.
hayward. Hist. 1. An officer of a town or manor respon
sible for maintaining fences and hedges, esp. to prevent
cattle from breaking through to an enclosed pasture.
2. A cattle herder.
Hazantown agreement (hay-zan-town). A type of col
lective-bargaining agreement used in the garment
industry, governing the relationship between a jobber
and the contractors that produce the jobber's garments.
-The agreement does not govern the relationship
between the jobber and its own employees. It governs
the relationship between the jobber and the contrac
tors that manufacture the garments that the jobber
sells, including covenants that the jobber will use only
unionized contractors, will ensure that salaries and
bonuses are appropriately paid, and will contribute to
employee-benefit funds maintained on behalf of the
contractor's employees. This term gets its name from
Hazantown, Inc., the jobber involved in Danielson
v. Joint Bd. ofCoat, Suit & Allied Garment Workers'
Union, 494 F.2d 1230 (2d Cir. 1974). Also termed
jobber's agreement.
hazard, n. (14c) 1. Danger or peril; esp., a contributing
factor to a peril. See PERIL.
extraordinary hazard. Workers' compensation. An
unusual occupational danger that is increased by the
acts of employees other than the injured worker.
Also termed extraordinary danger; extraordinary risk.
[Cases: Workers' Compensation 1-520,678.] imminent hazard. An immediate danger; esp., in envi
ron mental law, a situation in which the continued use
of a pesticide will probably result in unreasonable
adverse effects on the environment or will involve an
unreasonable danger to the survival of an endangered
species. 7 USCA  136(1). [Cases: Environmental Law
~423.1
occupational hazard. (1917) A danger or risk that
is peculiar to a particular calling or occupation.
Occupational hazards include both accidental injuries
and occupational diseases.
2. Insurance. The risk or probability of loss or injury,
esp. a loss or injury covered by an insurance policy.
moral hazard. A hazard that has its inception in
mental attitudes, such as dishonesty, carelessness,
and insanitv. -The risk that an insured will destroy
property or'allow it to be destroyed (usu. by burning)
in order to collect the insurance proceeds is a moral
hazard. Also, an insured's potential interest, if any,
in the burning of the property is sometimes called a
moral hazard. [Cases: Insurance 03055(2).]
physical hazard. A hazard that has its inception in
the material world, such as location, structure, occu
pancy, exposure, and the like.
3. Hist. An unlawful dice game in which the chances of
winning are complicated by arbitrary rules.
hazarder (haz-ar-dar), n. Hist. A player in an unlawful
game ofdice. -Also spelled hazardor.
hazardous, adj. Risky; dangerous.
hazardous cargo. See CARGO.
hazardous contract. See aleatory contract under
CONTRACT.
hazardous employment. See EMPLOYMENT.
hazardous negligence. See NEGLIGENCE.
hazardous substance. (1882) 1. A toxic pollutant; an
imminently dangerous chemical or mixture. [Cases:
Environmental Law 0413.] 2. See hazardous waste
under WASTE (2).
hazardous waste. See WASTE (2).
hazard pay. (1956) Special compensation for work done
under unpleasant or unsafe conditions.
hazing, n. (1850) The practice of phYSically or emotion
ally abUSing newcomers to an organization as a means
ofinitiation. _ In the early 19th century, hazing referred
to beating. Hazing was a well-established custom in
fraternities at Ivy League universities by the mid-19th
century. (One college magazine referred to "the absurd
and barbarous custom of haZing, which has long pre
vailed in the college." 1 Harvard Mag. 413 (1860)).
The first death from hazing was reported at Yale in
1892 (N.Y. Daily News, June 28, 1892). In the late 20th
century, many colleges and universities banned hazing
and many states passed antihazing statutes establishing
criminal penalties. See ANTIHAZING STATUTE.
hazing statute. See ANTIHAZING STATUTE.

787
H.B. See house bill under BILL (3).
H.C. abbr. 1. HOUSE OF COMMONS. 2. HABEAS CORPUS.
HDC. abbr. HOLDER IN DUE COURSE.
he. (bef. 12c) A pronoun of the mascul


abbr. HOLDER IN DUE COURSE.
he. (bef. 12c) A pronoun of the masculine gender, tradi
tionally used and construed in statutes to include both
sexes, as well as corporations . It may also be read as
they. Because of the trend toward nonsexist language,
fastidious drafters avoid using the generic pronouns
he, him, and his unless the reference is only to a male
person.
head-and-master rule. Hist. The doctrine that the
husband alone is authorized to manage community
property . Some courts have held that the rule is
unconstitutional gender-based discrimination. -Also
termed lord-and-master rule. Cf. EQUAL-MANAGEMENT
RULE.
headborough. See BORSHOLDER.
heading. (17c) A brief title or caption of a section of a
statute, contract, or other writing.
"The headings prefixed to sections or sets of sections
in some modern statutes are regarded as preambles to
those sections. They cannot control the plain words of the
statute, but they may explain ambiguous words ...." P.
St. j. Langan, Maxwell on the Interpretation ofStatutes 11
(12th ed. 1969).
headlease. (1909) A primary lease under which a sublease
has been granted. -Also spelled head lease. -Also
termed primary lease; chieflease. [Cases: Landlord and
Tenant C= 75, 76, 80.]
headlessor. (1933) A lessor on a lease of property that
has been subleased.
head money. (16c) 1. A tax on people who fit within a
designated class; a poll tax. See capitation tax and poll
tax under TAX. [Cases: Taxation C'='2054.]2. A bounty
offered by a government for a prisoner taken at sea
during a naval engagement . This bounty is divided
among the officers and crew in the same manner as
prize money. See PRIZE MONEY. 3. A tax or duty on
shipowners, imposed by an 1882 federal statute, for
every immigrant brought into the United States.
Also termed head tax. 4. Hist. A bounty or reward paid
to a person who killed a band it or outlaw and produced
the head as evidence. See BOUNTY (1); REWARD.
headnote. (1855) A case summary that appears before
the printed judicial opinion in a law report, addresses a
point oflaw, and usu. includes the relevant facts bearing
on that point oflaw. -Also termed syllabus; synopsis;
reporter's syllabus. Cf. SYLLABUS.
"The syllabus or headnote is a brief statement of the propo
sitions of law decided in the case, being in the nature of
a table of contents of the case. The modern method is to
number each proposition in the syllabus, and to indicate,
by corresponding figures, the exact place in the decision
where the point mentioned in the syllabus can be found.
Sometimes, especially in the older reports, the syllabus
is inaccurate or misleading, and it is not safe to rely on
it without first verifying it from the decision." Frank Hall
Childs, Where and How to Find the Law 22 (1922).
headnote lawyer. See LAWYER. health
head of family. A person who supports one or more
people related by birth, adoption, or marriage and
with whom those persons maintain their permanent
domicile . The phrase head offamily appears most
commonly in homestead law. For a person to have the
status of head of family, there must, of necessity, be at
least two people in the family. Also termed head of
afami/y. Cf. HEAD OF HOUSEHOLD. [Cases: Homestead
(;:::J 18.]
head ofhousehold. (1847) 1. The primary income-pro
vider within a family. 2. For income-tax purposes, an
unmarried or separated person (other than a surviving
spouse) who provides a home for dependents for more
than one-half of the taxable year . A head of house
hold is taxed at a lower rate than a single person who is
not head of a household. Cf. HEAD OF FAMILY; HOUSE
HOLDER. [Cases: Internal Revenue (;::=3549.]
headright. (1930) In American Indian law, a tribemem
ber's right to a pro rata portion ofincome from a tribal
trust fund set up under the Allotment Act of 1906.
This type of trust fund is funded largely by mineral
royalties arising from land held or once held by the
tribemember's tribe. [Cases: Indians C=141(2), 192.]
headright certificate. Hist. A certificate issued under
authority of a Republic ofTexas law of 1839 proViding
that a person was entitled to a grant of640 acres if the
person (1) had immigrated to the Republic between I
October 1837 and 1 January 1840, (2) was a head of
household, and (3) actually resided within the Republic
with his or her family . The grant was to be held under
the certificate for three years and then conveyed by
absolute deed to the settler.
head shop. A retail establishment that sells items
intended for use with illegal drugs.
head-silver. See common fine under FINE (4).
head-start injunction. See INJUNCTION.
headstream. The source of a river.
head tax. 1. See poll tax under TAX. 2. HEAD MONEY
(3).
headwater. (18c) 1. (usu. pi.) The part ofa river or stream
that is closest to its source. 2. HEADSTREAM.
health. (bef. 12c) 1. The state ofbeing sound or whole
in body, mind, or souL 2. Freedom from pain or
sickness.
good health. See GOOD HEALTH.
public health. (17c) 1. The health of the community at
large. 2. The healthful or sanitary condition of the
general body of people or the community en masse;
esp., the methods of maintaining the health of the
community, as by preventive medicine and organized
care for the sick . Many cities have a "public health
department" or other agency responsible for main
taining the public health; federal laws dealing with
health are administered by the Department of Health
and Human Services. [Cases: Health C=>350.]
sound health. See SOUND HEALTH.

788 healthcare-insurance receivable
healthcare-insurance receivable. An interest in or claim
under an insurance policy, being a right to payment of
a monetary obligation for healthcare goods or services
provided. UCC  9-104(c).
healthcare lien. See LIEN.
healthcare proxy. See ADVANCE DIRECTIVE (1).
health insurance. See INSURANCE.
health-insurance order. Family law. An order requiring
a parent either to obtain health insurance for a child or
to add a child to an existing health-insurance policy.
 Health-insurance orders often include dental insur
ance. [Cases: Child Support
Health Insurance Portability and Accountability Act.
A 1996 federal law that provides additional health
insurance protections to employees by limiting the
effect of preexisting conditions on an employee's
ability to obtain insurance; permitting an employee to
enroll a new dependent acquired by birth, adoption,
or marriage; making it easier for people to maintain
insurance coverage while changing jobs; and helping
businesses employing fewer than 50 workers to obtain
group insurance plans . The Act is codified in various
sections of 18 USCA, 26 USCA, 29 USCA, and 42
USCA. -Abbr. HIPAA. [Cases: Health 257;
Insurance C=1518,2460; Labor and Employment
424.]
health law. (l8c) A statute, ordinance, or code that pre
scribes sanitary standards and regulations for the
purpose ofpromoting and preserving the community's
health. [Cases: Health C=351, 355.]
health-maintenance organization. (1973) A group of
participating healthcare providers that furnish medical
services to enrolled members ofa group health-insur
ance plan. -Abbr. HMO. Cf. MANAGED-CARE ORGANI
ZATION; PREFERRED-PROVIDER ORGANIZATION. [Cases:
Health (;:::>294; Insurance C::::1252.]
health officer. A government official charged with exe
cuting and enforcing health laws. The powers of a
health officer (such as the Surgeon General) are regu
lated bylaw. [Cases: Health C=361.]
hearing. (l3c) 1. A judicial session, usu. open to the
public, held for the purpose ofdeciding issues offact or
oflaw, sometimes with witnesses testifying <the court
held a hearing on the admissibility ofDNAevidence in
the murder case>. 2. Administrative law. Any setting in
which an affected person presents arguments to a deci
sion-maker <a hearing on zoning variations>. [Cases:
Administrative Law and Procedure C=:>469.] 3. In leg
islative practice, any proceeding in which legislators
or their designees receive testimony about legislation
that might be enacted <the shooting victim spoke at
the Senate's hearing on gun control>. See PRELIMINARY
HEARING. [Cases: States 4. Equity practice. A
trial. 5. English law. ORAl. ARGUMENT.
adjudication hearing. (1947) 1. Administrative law.
An agency proceeding in which a person's rights and
duties are decided after notice and an opportunity to be heard. See procedural due process under DL'E
PROCESS. Cf. disposition hearing. [Cases: Administra
tive Law and Procedure G-'-::;;469.] 2. In child-abuse
and neglect proceedings, the trial stage at which the
court hears the state's allegations and evidence and
decides whether the state has the right to intervene
on behalf of the child. [Cases: Infants <>='203.] 3.
In a juvenile-delinquency case, a hearing at which
the court hears evidence ofthe charges and makes a
finding ofwhether the charges are true or not true.
Also termed adjudicatory hearing; adjudicatory pro
ceeding .
adjudicatory hearing (a-joo-di-ka-tor-ee). See adju
dication hearing.
certification hearing. See transfer hearing.
conformity hearing. See CONFORMITY HEARING.
contested hearing. A hearing in which at least one
of the parties has objections regarding one or more
matters before the court.
continued-custody hearing. See shelter hearing.
custody hearing. (1935) Family law. A judicial examina
tion ofthe facts relating to child custody, typically in
a divorce or separation proceeding . Child-neglect
and dependency matters are also often dealt with in
custody hearings. -Also termed custody proceeding.
[Cases: Child Custody (;:::>500; Infants C=:>203.]
Daubert hearing. See DAUBERT HEARING.
dependency hearing. See shelter hearing.
detention hearing. (1959) 1. Criminal law. A hearing
to determine whether an accused should be released
pending triaL See pretrial detention under DETEN
TION. 2. Family law. A hearing held by a juvenile court
to determine whether a juvenile accused ofdelinquent
conduct should be detained, continued in confine
ment, or released pending an adjudicatory hearing.
Cf. adjudication hearing; disposition hearing. [Cases:
Infants C=:>192,203. 3. See shelter hearing.
discharge hearing. See DISCHARGE HEARING.
dispositional hearing. See disposition hearing.
disposition hearing. (1960) Family law. L In child-abuse
and neglect proceedings, after an adjudication hearing
at which the state proves its allegations, a hearing at
which the court hears evidence and enters orders for
the child's care, custody, and control.  Typically, the
judge determines a plan for services aimed at reunify
ing or rehabilitating the family. 2. In a juvenile-delin
quency case, after an adjudication hearing at which
the state proves its case against the juvenile or after
a juvenile's pleading true to the charges against him,
a hearing at which the court determines what sanc
tions, if any, will be imposed on the juvenile. At a
disposition hearing, the court balances the best inter
ests ofthe child against the need to sanction the child
for his or her actions. If the juvenile is adjudicated
a delinquent, the probation staff prepares a social
history ofthe youth and his family and recommends
a disposition. After reviewing the social history and

789
various recommendations, the court enters a dispo
sition. Among the possible juvenile sanctions are a
warning, probation, restitution, counseling, or place
ment in a juvenile-detention facility. Probation is the
most common sanction. Also termed dispositional
hearing. Cf. adjudication hearing. 3. See permanency
hearing. [Cases: Infants 0='203.J
evidentiary hearing. (1952) 1. A hearing at which
evidence is presented, as opposed to a hearing at
which only legal argument is presented. 2. See ADMIN
ISTRATIVE PROCEEDING.
exclusionary hearing. (1963) A pretrial hearing con
ducted to review and determine the admissibility of
alleged illegally obtained evidence. [Cases: Criminal
Law 0='394.6.]
fair hearing. (1831) A judicial or administrative hearing
conducted in accordance with due process. [Cases:
Constitutional Law 0='3881, 4027.]
Fatico hearing. See FATICO HEARING.
fitness hearing. See transfer hearing.
Franks hearing. See FRANKS HEARING.
full adversary hearing. See adjudication hearing.
full hearing. (I7c) 1. A hearing at which the parties are
allowed notice of each other's claims and are given
ample opportunity to present their positions with
evidence and argument. 2. See ADMINISTRATIVE
PROCEEDING.
Garcia hearing. See GARCIA HEARING.


See ADMINISTRATIVE
PROCEEDING.
Garcia hearing. See GARCIA HEARING.
hearing de novo (dee or di noh-voh). (18c) 1. A review
ing court's decision ofa matter anew, giving no defer
ence to a lower court's findings. [Cases: Appeal and
Error 0='892; Criminal Law C=:'1139; Federal Courts
C:)776.]2. A new hearing ofa matter, conducted as if
the original hearing had not taken place.
independent-source hearing. Criminal procedure. A
hearing to determine whether evidence was obtained
illegally, and ifso, whether the evidence is admissible.
See INDEPENDENT-SOURCE RULE. [Cases: Criminal
Law 0='339.11(2).]
Jackson-Denno hearing. See JACKSON-DENNO HEAR
ING.
Mapp hearing. See MAPP HEARING.
neglect hearing. (1952) Family law. A judicial hearing
involving alleged child abuse or some other situation
in which a child has not been properly cared for by
a parent or person legally responsible for the child's
care. At issue is the civil culpability of the parent
or responsible party and the possible loss of children
into foster care or in extreme cases -the termina
tion of parental rights. [Cases: Infants 0='203.]
omnibus hearing. (1969) Criminal procedure. A hearing
deSigned to bring judicial overSight to a criminal
case at an early stage to make certain that the case
is being handled expeditiously and properly . At an
omnibus hearing, the court is primarily interested in
ensuring that discovery is being conducted properly, hearing
that any necessary eVidentiary hearings have been
scheduled, and that all issues ripe for decision have
been decided.
permanency hearing. (1832) Family law. Under the
Adoption and Safe Families Act, a judicial proceeding
to determine the future, permanent status ofa child
in foster care . Under the Act, the term permanency
hearing replaces the term disposition hearing. 1he per
manency hearing must occur within 12 months of a
child's being placed in foster care. The purpose ofthe
hearing is to determine the final direction of the case,
whether that means going forward with termination
proceedings or continuing plans for family reunifica
tion. -Also termed permanency-planning hearing.
[Cases: Infants ~'=203.]
preliminary hearing. See PRELIMINARY HEARING.
preliminary protective hearing. See shelter hearing.
presentence hearing. See PRESENTENCE HEARING.
pretrial hearing. See PRETRIAL CONFERENCE.
probable-cause hearing. See shelter hearing.
public hearing. (18c) A hearing that, within reason
able limits, is open to anyone who wishes to observe .
 Such a hearing is often characterized by the right
to appear and present evidence in a case before an
impartial tribunal. [Cases: Administrative Law and
Procedure
reaffirmation hearing. See REAFFIRMATION HEAR
ING.
review hearing. Family law. After a finding of child
abuse or neglect, a hearing to assess the progress in
the case plan. See CASE PLAN. [Cases: Infants 0='203,
231.]
revocation hearing. (1928) Criminal procedure. A
hearing held to determine whether a parolee should
be returned to prison for violating the terms ofparole.
[Cases: Pardon and Parole 0='85.]
sentencing hearing. See PRESENTENCE HEARING.
shelter hearing. Family law. A hearing shortly after
the state's removal of a child for suspected abuse
or neglect.  The hearing, generally held within 24
to 72 hours after the removal, is for the purpose of
determining whether the state has adequate cause
to maintain the children in protective care. -Also
termed shelter-care hearing; continued- custody
hearing; preliminary protective hearing; probable
cause hearing; detention hearing; dependency hearing.
[Cases: Infants 0='192,203.]
suppression hearing. (1955) Criminal procedure. A
pretrial hearing in which a criminal defendant seeks
to prevent the introduction of evidence alleged to
have been seized illegally. [Cases: Criminal Law
394.6.]
termination-of-parental-rights hearing. Family law.
A trial or court proceeding, usu. initiated by a state
agency, that seeks to sever the legal ties between a
parent and child, usu. so that the child can be adopted.

790 hearing examiner
 The standard of proof in a termination-of-paren
tal-rights hearing is clear and convincing evidence.
Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. l388
(1982). -Often shortened to termination hearing.
[Cases: Infants C=>203.]
transfer hearing. (1968) Criminal procedure. In a juve
nile-court case, a hearing to determine whether the
case should be transferred to adult criminal court so
that the juvenile may be tried as an adult. Every
state, as well as the District ofColumbia, has a transfer
statute. The United States Supreme Court defined
the due-process requirements for transfer hearings
in Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045
(1966). -Also termed certification hearing; waiver
hearing; fitness hearing. See TRANSFER STATUTE;
MANDATORY WAIVER; STATUTORY EXCLUSION. [Cases:
Infants C=>68.7.]
trial-type hearing. See ADMINISTRATIVE PROCEEDING.
uncontested hearing. A hearing in which either (1) the
parties are in agreement as to all matters before the
court, or (2) one of the parties has failed to appear
despite notice.
unfair hearing. (1915) A hearing that is not conducted
in accordance with due process, as when the defen
dant is denied the opportunity to prepare or consult
with counsel. [Cases: Constitutional Law C=>3879,
3886.]
Wade hearing. See WADE HEARING.
waiver hearing. See transfer hearing.
hearing examiner. See ADMINISTRATIVE-LAW JUDGE.
hearing officer. 1. ADMINISTRATIVE-LAW JUDGE. 2. See
judicial officer (3) under OFFICER (1).
hearsay. (16c) 1. Traditionally, testimony that is given
by a witness who relates not what he or she knows per
sonally, but what others have said, and that is therefore
dependent on the credibility of someone other than
the witness . Such testimony is generally inadmissible
under the rules of evidence. 2. In federal law, a state
ment (either a verbal assertion or nonverbal assertive
conduct), other than one made by the declarant while
testifying at the trial or hearing, offered in evidence
to prove the truth ofthe matter asserted. Fed. R. Evid.
801(c). -Also termed hearsay evidence; secondhand
evidence. Cf. original evidence under EVIDENCE. [Cases:
Criminal Law C=>419; Evidence C=>314-324.]
double hearsay. (1921) A hearsay statement that
contains further hearsay statements within it, none
of which is admissible unless exceptions to the rule
against hearsay can be applied to each level <the
double hearsay was the report's statement that Amy
had heard Joe admit running the red light>. Fed. R.
Evid. 805. -Also termed multiple hearsay; hearsay
within hearsay. [Cases: Criminal Law C=>419(l3);
Evidence C=>314-324.]
hearsay exception. Any of several deviations from the
hearsay rule, allowing the admission of otherwise
inadmissible statements because the circumstances surrounding the statements provide a basis for con
sidering the statements reliable. [Cases: Criminal Law
C=>419(1.10); Evidence C=>314.]
tender-years hearsay exception. A hearsay exception
for an out-of-court statement by a child ten years of
age or younger, usu. describing an act ofphysical or
sexual abuse, when the child is unavailable to testify
and the court determines that the time, content,
and circumstances of the statement make it reliable.
[Cases: Infants C=>20.]
hearsay rule. (1896) The rule that no assertion offered
as testimony can be received unless it is or has been
open to test by cross-examination or an opportunity
for cross-examination, except as provided otherwise
by the rules of evidence, by court rules, or by statute.
 The chief reasons for the rule are that out-of-court
statements amounting to hearsay are not made under
oath and are not subject to cross-examination. Fed.
R. Evid. 802. Rule 803 provides 23 explicit exceptions
to the hearsay rule, regardless of whether the out-of
court declarant is available to testify, and Rule 804
provides five more exceptions for situations in which
the declarant is unavailable to testify. [Cases: Criminal
Law C=>419; Evidence C=>314-324.]
"[TJhe great hearsay rule ... is a fundamental rule of
safety, but one overenforced and abused, -the spoiled
child of the family, -proudest scion of our jurytrial rules
of evidence, but so petted and indulged that it has become
a nuisance and an obstruction to speedy and efficient
trials." John H. Wigmore, A Students' Textbook of the Law
ofEvidence 238 (1935).
hearsay within hearsay. See double hearsay under
HEARSAY.
heartbalm statute. A state law that abolishes the rights
ofaction for monetary damages as solace for the emo
tional trauma occasioned by a loss oflove and rela
tionship. The abolished rights of action include
alienation of affections, breach of promise to marry,
criminal conversation, and seduction of a person
over the legal age of consent. Many states today have
enacted heartbalm statutes primarily because of the
highly speculative nature ofthe injury and the poten
tial for abusive prosecution, as well as the difficulties
of determining the cause of a loss. The terminology
in this field is somewhat confusing, since a heartbalm
statute abolishes lawsuits that were known as heart
balm suits; some scholars therefore call the abolition
ary statutes anti-heartbalm statutes. But the prevailing
term is heartbalm statute. -Also written heart-balm
statute. -Also termed heartbalm act; anti-heartbalm
statute; anti-heartbalm act. [Cases: Breach ofMarriage
Promise C=>14; Husband and Wife C=>323, 341; Seduc
tion C=>3.]
"Under the English common law, a broken engagement
might be followed by a lawsuit for breach of promise to
marry .... [TJhe action came to look more like a tort action,
in which damages might be given for the injury to the plain'
tiff's feelings, health and reputation and for expenses such
as costs incurred in preparing for a wedding. Widespread
criticism of the suit for breach of promise to marry (as well
as related tort actions including seduction and alienation
of affections) led to the passage of 'heart balm' statutes

791 heir
abolishing these claims in many jurisdictions in the United
States beginning in the 1930's." Homer H. Clark Jr. & Ann
Laquer Estin, Domestic Relations: Cases and Problems 47
(6th ed. 2000).
hearth money. Hist. 1. A tax of two shillings levied on
every fireplace in England (14 Car. 2, ch. 10). This
extremely unpopular tax was enacted in 1662 during
the reign ofCharles II and abolished in 1688. 2. PETER
PENCE. -Also termed (in sense 1) chimney money.
heat ofpassion. (bef. 12c) Rage, terror, or furious hatred
suddenly aroused by some immediate provocation,
USll. another person's words or actions. At common
law, the heat of passion could serve as a mitigating
circumstance that would reduce a murder charge to
manslaughter. -Also termed sudden heat ofpassion;
sudden heat; sudden passion; hot blood; sudden heat
and passion;furor brevis. Cf. COLD BLOOD; COOL BLOOD.
[Cases: Homicide ~666.]
"To constitute the heat of passion included in this require
ment it is not necessary for the passion to be so extreme
that the slayer does not know what he is doing at the time;
but it must be so extreme that for the moment his action
is being directed by passion rather than by reason." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 99 (3d ed.
1982).
heavy work. See WORK (1).
hebote. See HEREBOTE.
hedagium (h;:l-day-jee-;:lm), n. [Law Latin] Hist. A toll or
custom due at a wharffor landing goods. The Crown
exempted particular persons and societies from this
tolL
hedge, vb. (l7c) To use two compensating or offsetting
transactions to ensure a position ofbreaking even; esp.,
to make advance arrangements to safeguard oneself
from loss on an investment, speculation, or bet, as when
a buyer of commodities insures against unfavorable
price changes by buying in advance at a fixed rate for
later delivery. [Cases: Commodity Futures Trading
Regulation (;:::":, 10.] -hedging, n.
hedgebote. See HAYBOTE.
hedge fund. (1967) A specialized investment group
usu. organized as a limited partnership or offshore
investment company that offers the possibility of
high returns through risky techniques such as selling
short or buying derivatives . Most hedge funds are not
registered with the SEC and are therefore restricted in
marketing their services to the public.
hedonic damages. See DAMAGES.
hedonistic damages. See hedonic damages under DAMA
GES.
hedonistic utilitarianism. See