members are selected on the basis of their law-school
grades. See COIF.
order of the day. See ORDER (4).
order paper. See PAPER.
order to pay. See ORDER (2).
Order, Resolution, or Vote Clause. U.S. Const. , art. 1,
 7, d. 3.
order to show cause. See show-cause order under ORDER
(2).
ordinance (or-d;J-n;Jnts). (l4c) An authoritative law or
decree; esp., a municipal regulation . Municipal gov
ernments can pass ordinances on matters that the state
government allows to be regulated at the local level. A
municipal ordinance carries the state's authority and
has the same effect within the municipality's limits as
a state statute. -Also termed bylaw; municipal ordi
nance. [Cases: Municipal Corporations (::::::> 105.]
"An ordinance ... may be purely administrative in nature,
establishing offices, prescribing duties, or setting salaries;
it may have to do with the routine or procedure of the
governing body. Or it may be a governmental exercise of
the power to control the conduct of the public -estab
lishing rules which must be complied with, or prohibiting
certain actions or conduct. In any event it is the determi
nation of the sovereign power of the state as delegated
to the municipality. It is a legislative enactment, within
its sphere, as much as an act of the state legislature." 1
Judith O'Galiagher, Municipal Ordinances  lA.Ol, at 3 (2d
ed. 1998).

1209 organic law
ordinandi lex (or-d<l-nan-dI leks). [Latin] The law ofpro
cedure, as distinguished from substantive law.
ordinarily prudent person. See REASONABLE PERSON.
ordinary, adj. (15c) 1. Occurring in the regular course
ofevents; normal; usual. Cf. EXTRAORDINARY. 2. (Of a
judge) having jurisdiction by right ofoffice rather than
by delegation. 3. (Ofjurisdiction) original or immedi
ate, as opposed to delegated.
ordinary, n. 1. Eccles. law. A high-ranking official who
has immediate jurisdiction over a specified territory,
such as an archbishop over a province or a bishop over
a diocese. 2. Civil law. A judge having jurisdiction by
right ofoffice rather than by delegation. 3. A probate
judge. -The term is used in this sense only in some
U.S. states.
ordinary ambassador. See resident ambassador under
AMBASSADOR.
ordinary and necessary business expense. See ordinary
and necessary expense under EXPENSE.
ordinary and necessary expense. See EXPENSE.
ordinary annuity. See ANNUITY.
ordinary assembly. See ASSEMBLY.
ordinary care. See reasonable care under CARE.
ordinary committee. See COMMITTEE.
ordinary course ofbusiness. See COURSE OF BUSINESS.
ordinary diligence. See DILIGENCE.
ordinary gain. See GAIN (3).
ordinary goods. See GOODS.
ordinary high tide. See mean high tide under TIDE.
ordinary income. See INCOME.
ordinary insurance. See ordinary life insurance under
LIFE INSCRANCE.
ordinary law. See STATUTORY LAW.
ordinary life insurance. 1. See LIFE INSURANCE. 2. See
whole life insurance under LIFE INSURANCE.
ordinary loss. See LOSS.
ordinary main motion. See original main motion under
MOTION (2).
ordinary majority. See simple majority under MAJOR
ITY.
ordinary meaning. See plain meaning under MEANING.
ordinary-meaning rule.!. The rule that when a word
is not defined in a statute or other legal instrument,
the court normallv construes it in accordance with
its ordinary or nat~lfal meaning. 2. PLAIN-MEANING
RULE.
ordinary negligence. See NEGLIGENCE.
ordinary-observer test. See AUDIENCE TEST.
ordinary's court. See probate court under COURT.
ordinary seaman. See SEAMAN.
ordinary shares. See common stock under STOCK. ordinary skill. 1. See SKILL. 2. See ORDINARY SKILL IN
THE ART.
ordinary skill in the art. Patents. The level oftechnical
knowledge, experience, and expertise possessed by a
typical engineer, scientist, deSigner, etc. in a technol
ogy that is relevant to an invention. [Cases; Patents
16(3).]
ordinary standing rule. See standing rule (1) under RULE
(3)
ordinary work product. See fact work product under
WORK PRODUCT.
ordinatio forestae (or-di-nay-shee-oh for-es-tee), n. See
ASSISADE FORESTA.
ordinatum est (or-d;}-nay-t<lm est). [Law Latin] Hist. It is
ordered. _ 1hese were the usual first words ofa court
order entered in Latin.
ordinis beneficium (or-d<l-nis ben-<l-fish-ee-<lm). [Latin
"the benefit oforder"] Civil law. The privilege ofa surety
to require the creditor to exhaust the principal debtor's
property before having recourse against the surety. See
DISCUSSION.
ordo attachiamentorum (or-doh <l-tach-ee-<l-men
tor-<lm). [Law Latin] Hist. The order ofattachments.
ordo judiciorum (or-doh joo-dish-ee-or-<lm). [Latin]
Eccles. law. The order ofjudgments; the rule by which
the course ofhearing each case was prescribed.
ordonnance (or-d<l-nants or or-doh-nahns). [French]l.
A law, decree, or ordinance. 2. A compilation ofa body
oflaw on a particular subject, esp. prizes and captures
at sea.
oredelf(or-delf). Hist. The right to dig for mineral are on
one's own land. -Also spelled oredelfe; ordelf.
ore tenus (or-ee tee-n<lS or ten-<ls), adv. &adj. [Latin "by
word of mouth"] (17c) 1. Orally; by word of mouth;
VIVA VOCE <pleading carried on ore tenus>.
"Pleadings are the mutual altercations between the plaintiff
and defendant; which at present are set down and deliv
ered into the proper office in writing, though formerly they
were usually put in by their counsel are tenus, or viva voce,
in court, and then minuted down by the chief clerks, or pro
thonotaries; whence in our old law French the pleadings are
frequently denominated the parol." 3 William Blackstone,
Commentaries on the laws of England 293 (1768).
2. Made or presented orally <ore tenus evidence>.
ore tenus rule. (1964) The pres ption that a trial court's
findings offact are correct should not be disturbed
unless clearly wrong or unjust. [Cases: Appeal and
Error C=>931(1).]
orfgild. Hist. 1. Restitution given by the hundred or
county to a person whose property was stolen. -Also
termed cheapgild. 2. A payment in or restoration of
cattle.
organic act. See organic statute under STATUTE.
organic disease. See DISEASE.
organic law. (1831) 1. The body oflaws (as in a constitu
tion) that define and establish a government; FUNDA
MENTAL LAW. 2. Civil law. Decisional law; CASELAW.

organic statute 1210
organic statute. See STATUTE.
organization. (1Sc) 1. A body ofpersons (such as a union
or corporation) formed for a common purpose. -Also
termed society. 2. See UNION.
organizational crime. See corporate crime under
CRIME.
organizational expense. See EXPENSE.
organizational meeting. See MEETING.
organizational picketing. See PICKETING.
organizational strike. See recognition strike under
STRIKE.
organized crime. (1867) 1. Widespread criminal activi
ties that are coordinated and controlled through a
central syndicate. See RACKETEERING. 2. Persons
involved in these criminal activities; a syndicate of
criminals who rely on their unlawful activities for
income. See SYNDICATE.
organized labor. 1. Workers who are affiliated by mem
bership in a union. 2. A union, or unions collectively,
considered as a political force. [Cases: Labor and
Employment C:=>988.]
organ trafficking. See TRAFFICKING.
original. See original writ under WRIT.
original acquisition. See ACQUISITION.
original administration. See ADMINISTRATION.
original bill. See BILL (2).
original contractor. See general contractor under CON
TRACTOR.
original conveyance. See primary conveyance under
CONVEYANCE.
original cost. See acquisition cost (1) under COST (1).
original-document rule. See BEST-EVIDENCE RULE.
original domicile. See domicile of origin under
DOMICILE.
original drawing. See DRAWING.
original estate. See ESTATE (1).
original evidence. See EVIDENCE.
originalia (d-rij-d-nay-lee-d or -nayl-yd). Hist. Records
compiled in the Chancery and transmitted to the
Remembrancer's office in the Exchequer. These
records were kept from 1236 to 1837. Cf. RECORDA.
original intent. See INTENT (2).
originalism. (1980) Constitutional law. The theory that
the U.S. Constitution should be interpreted according
to the intent of those who drafted and adopted it. Cf.
INTERPRETIVISM; NONINTERPRETIVISM.
original issue. See ISSUE (2).
original-issue discount. The difference between a bond's
face value and the price at which it is initially sold.
Abbr.OID.
originality. (18c) Copyright. 1. The quality or state of
being the product of independent creation and having a minimum degree of creativity. Originality is a
requirement for copyright protection. But this is a
lesser standard than that ofnovelty in patent law: to be
original, a work does not have to be novel or unique. Cf.
NOVELTY. [Cases: Copyrights and Intellectual Property
C:=> 12(1).] 2. The degree to which a product claimed
for copyright is the result of an author's independent
efforts. Cf. CREATIVITY. [Cases: Copyrights and Intel
lectual Property C:=> 12(1).]
"'Original' in reference to a copyrighted work means that
the particular work 'owes its origin' to the 'author.' No
large measure of novelty is necessary." Alfred Bell & Co.
v. Catalda Fine Arts, Inc., 191 F.2d 99,102 (2d Cir. 1951)
(Frank, j.).
original jurisdiction. See JURISDICTION.
original main motion. See MOTION (2).
original market. See primary market under MARKET.
original-package doctrine. Constitutional law. The
principle that imported goods are exempt from state
taxation as long as they are unsold and remain in the
original packaging . The Supreme Court abolished this
doctrine in 1976, holding that states can tax imported
goods if the tax is nondiscriminatory. See IMPORT
EXPORT CLAUSE. [Cases: Commerce C:=>77.10(3).]
original precedent. See PRECEDENT.
original process. See PROCESS.
original promise. See PROMISE.
original receiver. See principal receiver under RECEIVER.
original source. The person or persons who first dis
closed fraud to the government, derived from direct
and indirect information on which a qui tam complaint
is based under the False Claims Act or a similar state
law. [Cases: United States C:=> 122.]
original title. See TITLE (2).
original writ. See WRIT.
original-writing rule. See BEST-EVIDENCE RULE.
origination clause. (often cap.) (1984) 1. The constitu
tional provision that all bills for increasing taxes and
raising revenue must originate in the House ofRepre
sentatives, not the Senate (U.S. Const. art. I,  7, cl. 1).
 The Senate may, however, amend revenue bills. 2. A
provision in a state constitution requiring that revenue
bills originate in the lower house ofthe state legislature.
[Cases: Statutes C:=>6.]
origination fee. See FEE (1).
originator. The entity that initiates a funds transfer
subject to UCC article 4A. UCC  4A-104(c). [Cases:
Banks and Banking C:=> 188.5.]
"or" lease. See LEASE.
ornamental fixture. See FIXTURE.
ornest. Hist. See TRIAL BY COMBAT.
ORP. abbr. Ordinary, reasonable, and prudent -the
standard on which negligence cases are based.
orphan, n. (ISc) 1. A child whose parents are dead.
[Cases: Infants C:=>2.] 2. A child with one dead parent

1211
and one living parent. -More properly termed half
orphan. 3. A child who has been deprived of parental
care and has not been legally adopted; a child without
a parent or guardian. [Cases: Infants C:::J157.]
orphan drug. See DRUG.
orphan's business. Hist. A probate court's jurisdiction
over the allotment ofdistributive shares ofan estate to
the decedent's family, esp. the children.
orphan's court. See probate court under COURT.
OS. See ordinary seaman under SEAMAN.
O.S. abbr. OLD STYLE.
OSc. abbr. OFFICE OF SPECIAL COUNSEL.
OSHA (oh-sha). abbr. 1. OCCUPATIONAL SAFETY AND
HEALTH ACT OF 1970. 2. OCCUPATIONAL SAFETY AND
HEALTH ADMINISTRATION.
OSHRC. abbr. OCCUPATIONAL SAFETY AND HEALTH


HEALTH ADMINISTRATION.
OSHRC. abbr. OCCUPATIONAL SAFETY AND HEALTH
REVIEW COMMISSION.
OS!. abbr. See OFFICE OF SPECIAL INVESTIGATIONS.
OSM. abbr. OFFICE OF SURFACE MINING RECLAMATION
AND ENFORCEMENT.
o.s.p. abbr, OBUT SINE PROLE.
ostendit vobis (os-ten-dit voh-bis). [Latin} Hist. Shows
to you . In old pleading, these words were used by a
demandant to begin a count.
ostensible (ah-sten-sa-bal), adj. (18c) Open to view;
declared or professed; apparent.
ostensible agency. See agency by estoppel under AGENCY
(1).
ostensible agent. See apparent agent under AGENT (2).
ostensible authority. See apparent authority under
AUTHORITY (1).
ostensible partner. See nominal partner under
PARTNER.
OSTP. See OFFICE OF SCIENCE AND TECHNOLOGY
POLlCY.
ostrich defense. See DEFENSE (1).
ostrich instruction. See JURY INSTRUCTION.
OTA. abbr. OFFICE OF TECHNOLOGY ASSESSMENT.
OTC. abbr. OVER-THE-COUNTER.
OTC market. abbr. OVER-THE-COUNTER MARKET.
other consideration. See CONSIDERATION (1).
other good and valuable consideration. See other con
sideration under CONSIDERATION.
other income. See INCOME.
other-insurance clause. An insurance-policy provision
that attempts to limit coverage ifthe insured has other
coverage for the same loss . The three major other
insurance clauses are the pro rata clause, the excess
clause, and the escape clause. See ESCAPE CLAUSE;
EXCESS CLAUSE; PRO RATA CLAUSE. [Cases: Insurance
C:::J2109.) outcome responsibility
other-property rule. The principle that tort recovery
is unavailable if the only damage caused by a product
defect is to the product itself. See East River S.S. Corp.
v. Transamerica Delaval, Inc., 476 U.S. 858, 106 S. Ct.
2295 (1986). Insurance (''-::>2109.]
OTP. abbr. Office of Technology Policy. See TECHNOL
OGY ADMINISTRATION.
OTS. abbr. OFFICE OF THRIFT SUPERVISION.
OTSA. abbr. OFFICE OF TAX-SHELTER ANALYSIS.
~UI. abbr. Operating under the influence. See DRIVING
UNDER THE INFLUENCE. [Cases: Automobiles C~
332.]
our federalism. (often cap.) (1971) The doctrine holding
that a federal court must refrain from hearing a consti
tutional challenge to state action iffederal adjudication
would be considered an improper intrusion into the
state's right to enforce its own laws in its own courts.
Cf. ABSTENTION; FEDERALISM. [Cases: Federal Courts
C:::J43, 46.]
oust, vb. (lSc) To put out of possession; to deprive of a
right or inheritance.
ouster. (l6c) 1. The wrongful dispossession or exclu
sion ofsomeone (esp. a cotenant) from property (esp.
real property); DISPOSSESSION. [Cases: Property~,:) 10;
Tenancy in Common 14,15.] 2. The removal of a
public or corporate officer from office. Cf. EJECTMENT.
[Cases: Officers and Public Employees
ouster Ie main (ow-star I;) mayn). [Law French "remove
the hand"] Hist. 1. A delivery ofland out of the mon
arch's hands because the monarch has no right or
title to hold it. 2. A judgment or writ granting such
a delivery. 3. A delivery ofland from a guardian to a
ward once the ward attains legal age. -Also ,vritten
ouster-ie-main.
outbuilding. (l7c) A detached building (such as a shed or
garage) within the grounds of a main building.
outcome-determinative test. (1959) Civil procedure. A
test used to determine whether an issue is substantive
for purposes of the Erie doctrine by examining the
issue's potential effect on the outcome ofthe litigation.
See ERIE DOCTRINE. [Cases: Federal Courts C:::J373.]
outcome responsibility. The view that those who cause
harm are responsible for it even in the absence of fault.
Cf. strict liability under LIABILITY.
"Outcome responsibility serves to foster a sense of identity
because it does not stretch indefinitely into the future but
enables each of us to claim for ourselves, or to share with a
few others, outcomes of limited extent, whether successes
or failures. Yet outcome responsibility for harm to another
does not by itself create a duty to compensate. The form
that our responsibility for an outcome should take remains
an open question. An apology or telephone call will often
be enough. But outcome responsibility is a basis on which
the law can erect a duty to compensate if there is reason to
do so. There will be some reason to do so if the conduct in
question is socially undesirable and if there is also reason
to treat the harm suffered as the infringement of a right."
Tony Honore, Responsibility and Fault 77-78 (1999).

outer bar. English law. A group of junior barristers
who sit outside the dividing bar in the court.  These
barristers rank below the King's Counselor Queen's
Counsel. - Also termed utter bar. Cf. INNER BAR.
outer barrister. See BARRISTER.
Outer House. Scots law. The first-instance jurisdiction of
the Court of Session. See COURT OF SESSION (1).
outer space. (1842) 1. The known and unknown areas
of the universe beyond airspace. The boundary
between airspace and outer space is not fixed or precise.
Cf. AIRSPACE. 2. Int'llaw. The space surrounding the
planet that by United Nations treaty is not subject to
claim of appropriation by any national sovereignty .
The treaty does not expressly define outer space. See
OUTER SPACE TREATY.
Outer Space Treaty. Int'llaw. The short title of the United
Nations Treaty on Principles Governing the Activities
of States in the Exploration and Use of Outer Space,
Including the Moon and Other Celestial Bodies, 18
U.S.T. pt. 3, at 2410 (Jan. 27, 1967). This treaty stipu
lates that, because space exploration is in the interest of
all humanity, no nation may claim territory, establish
military bases, or station weapons on any other planet
or a moon. The treaty also declares that international
law and the United Nations charter apply in space. See
OUTER SPACE.
outfangthief (owt-fang-theef). [fr. Old English ut "out"
+ fangen "taken" + theof"thief"J Hist. The right of a
lord of a manor to pursue a thief outside the manor's
jurisdiction and to bring the thief back for trial and
punishment; a lord's right to punish all thefts com
mitted within his territories, wherever the thief might
be caught. -Also spelled outfangthef; utfangthief;
utfangthef; outfangthef Cf. INFANGTHIEF.
outlaw, n. (bef. 12c) 1. A person who has been deprived
ofthe benefit and protection ofthe law; a person under
a sentence ofoutlawry. 2. A lawless person or habitual
criminal; esp., a fugitive from the law. 3. Int'llaw. A
person, organization, or nation under a ban or restric
tion because it is considered to be in violation ofinter
national law or custom.
outlaw, vb. (I8c) 1. To deprive (someone) of the benefit
and protection ofthe law; to declare an outlaw <outlaw
the fugitive>. 2. To make illegal <outlaw fireworks
within city limits>. 3. To remove from legal jurisdic
tion or enforcement; to deprive oflegal force <outlaw
a claim under the statute>.
outlawry. 1. Hist. The act or process of depriving
someone of the benefit and protection of the law. 2.
The state or condition of being outlawed; the status of
an outlaw. 3. Disregard or disobedience of the law. See
SACER; CONSECRATIO CAPITIS.
outlaw strike. See wildcat strike under STRIKE.
outline form. Patents. A style of writing patent claims
that uses a numbered or lettered subparagraph for each
element. Cf. COLON-SEMICOLON FORM; SINGLE-PARA
GRAPH FORM; SUBPARAGRAPH FORM. out-of-court, adj. (1950) Not done or made as part of a
judicial proceeding <an out-of-court settlement> <an
out-of-court statement that was not under oath>. See
EXTRAJUDICIAL.
out-of-court settlement. See SETTLEMENT (2).
out-of-home placement. Family law. The placing of a
child in a living arrangement outside the child's home
(as in foster care or institutional care), usu. as the result
of abuse or neglect; specif., in a child-abuse or child
neglect case, state action that removes a child from a
parent's or custodian's home and places the child in
foster care or with a relative, either temporarily or for
an extended period. Cf. FOSTER-CARE PLACEMENT.
[Cases: Infants C=::'226.J
out-of-hospital do-not-resuscitate order. See DO-NOT
RESUSCITATE ORDER.
out of order. (I8c) 1. (Of a motion) not in order <the
motion is out of order because it conflicts with the
bylaws>. See IN ORDER. A motion may be "out of
order" because it is inherently inappropriate for the
deliberative assembly's consideration at any time (e.g.,
because it proposes an unlawful action). A motion that
is not appropriate simply because it is brought before
the meeting at the wrong time but that may be appro
priate for consideration at another time is more pre
cisely referred to as "not in order."
"Motions that conflict with the corporate charter. constitu
tion or bylaws of a society. or with procedural rules pre
scribed by national. state, or local laws, are out of order,
and if any motion of this kind is adopted, it is null and void.
Likewise. motions are out of order if they conflict with a
motion that has been adopted by the society and has been
neither rescinded, nor reconsidered and rejected after
adoption. Such conflicting motions, if adopted. are null
and void unless adopted by the vote required to rescind or
amend the motion previously adopted." Henry M. Robert.
Robert's Rules of Order Newly Revised  39. at 332 (10th
ed.2000).
2. (Of a person) guilty ofa breach ofdecorum or other
misconduct during a meeting <the member is out of
order>.
out-of-pocket expense. See EXPENSE.
out-of-pocket loss. See LOSS.
out-of-pocket rule. (1940) The principle that a defrauded
buyer may recover from the seller as damages the dif
ference between the amount paid for the property and
the actual value received. Cf. BENEFIT-OF-THE-BARGAIN
RULE (2). [Cases: Fraud C=::'59(3).J
out of the money, adj. (Of a creditor) unpaid because a
debtor has insufficient assets to pay the claim.
out of the state. See BEYOND SEAS (2).
out of time. After a deadline; too late <because the
statute oflimitations expired before the action's filing,
this lawsuit is out of time and should be dismissed>.
output, n. (1841) 1. A business's production ofgoods or
materials; the quantity or amount produced. 2. The
process or fact of producing goods or materials.
output contract. See CONTRACT.

1213
outrage, n. See INTENTIONAL INFLICTION OF EMOTIONAL
DISTRESS.
outrageous conduct. See CONDUCT.
outside director. See DIRECTOR.
outside financing. See FINANCING.
outside party. See THIRD PARTY.
outsourcing agreement. An agreement between a
business and a service provider in which the service
provider promises to provide necessary services, esp.
data processing and information management, using
its own staff and equipment, and usu. at its own facili
ties.
outstanding, adj. (I8c) 1. Unpaid; uncollected <out
standing debts>. 2. Publicly issued and sold <outstand
ing shares>.
outstanding capital stock. See outstanding stock under
STOCK.
outstanding security. See SECURITY.
outstanding stock. See STOCK.
outstanding warrant. See WARRANT (1).
over, adj. (bef. 12c) (Of a property interest) intended to
take effect after the failure or termination of a prior
estate; preceded by some other possessory interest <a
limitation over> <a gift over>.
overage, n. (1909) 1. An excess or surplus, esp. of goods
or merchandise. 2. A percentage of retail sales paid
to a store's landlord in addition to fixed rent. [Cases:
Landlord and Tenant C::::200.3.J
overbreadth doctrine. (1970) Constitutional law. The
doctrine holding that ifa statute is so broadly written
that it deters free expression, then it can be struck
down on its face because of its chilling effect -even
ifit also prohibits acts that may legitimately be forbid
den. _ The Supreme Court has used this doctrine to
invalidate a number oflaws, including those that would
disallow peaceful picketing or require loyalty oaths.
Cf. VAGUENESS DOCTRINE. [Cases: Constitutional Law
C::::1519.]
overdraft. (1843) 1. A withdrawal ofmoney from a bank
in excess of the balance on deposit. [Cases: Banks


43) 1. A withdrawal ofmoney from a bank
in excess of the balance on deposit. [Cases: Banks and
Banking 150.] 2. The amount of money so with
drawn. Abbr. (in senses 1 &2) OD; old. 3. A line of
credit extended by a bank to a customer (esp. an estab
lished or institutional customer) who might overdraw
on an account.
overdraw, vb. (18c) To draw on (an account) in excess of
the balance on deposit; to make an overdraft.
overhead, n. (1907) Business expenses (such as rent, utili
ties, or support-staff salaries) that cannot be allocated
to a particular product or service; fixed or ordinary
operating costs. -Also termed administrative expense;
office expense. [Cases: Damages 45.J
overheated economy. See ECONOMY.
overinclusive, adj. (1949) (Of legislation) extending
beyond the class of persons intended to be protected Overseas Private Investment Corporation
or regulated; burdening more persons than necessary
to cure the problem <an overinclusive classification>.
overinsurance. 1. Insurance (esp. from the purchase of
multiple policies) that exceeds the value of the thing
insured. 2. Excessive or needlessly duplicative insur
ance. [Cases: Insurance C::::3023, 3043.J
overissue, n. An issue of securities beyond the autho
rized amount ofcapital or credit. [Cases: Corporations
C=;'102.j
overlapping jurisdiction. See concurrent jurisdiction
under JURISDICTION.
overplus. See SURPLUS.
overreaching, n. (16c) 1. The act or an instance oftaking
unfair commercial advantage ofanother, esp. by fraud
ulent means. [Cases: Contracts Sales C:::: 1(1).J 2.
The act or an instance of defeating one's own purpose
by going too far. overreach, vb.
overridden veto. See VETO.
override (oh-v;Jr-rId), vb. (14c) To prevail over; to nullify
or set aside <Congress mustered enough votes to
override the President's veto>.
override (oh-var-rId), n. (1931) 1. A commission paid to a
manager on a sale made by a subordinate. 2. A commis
sion paid to a real-estate broker who listed a property
when, within a reasonable amount of time after the
expiration ofthe listing, the owner sells that property
directly to a buyer with whom the broker had negoti
ated during the term ofthe listing. [Cases: Brokers C=;
56(3).] 3. ROYALTY (2).
overriding royalty. See ROYALTY (2).
overrule, vb. (16c) 1. To rule against; to reject <the
judge overruled all ofthe defendant's objections>. 2.
(Of a court) to overturn or set aside (a precedent) by
expressly deciding that it should no longer be control
ling law <in Brown v. Board ofEducation, the Supreme
Court overruled Plessy v. Ferguson>. Cf. VACATE (1).
[Cases: Courts (;=>100(1).]
"If a decision is not a recent one, and especially if it seems
to be very poor, it should not be relied upon without ascer
taining whether it may not have been expressly or impliedly
overruled by some subsequent one; that is, whether the
court may not have laid down a contrary principle in a
later case." Frank Hall Childs, Where and How to Find the
Law 94 (1922).
"Overruling is an act of superior jurisdiction. A precedent
overruled is definitely and formally deprived of all author
ity. It becomes null and void, like a repealed statute, and
a new principle is authoritatively substituted for the old."
John Salmond, Jurisprudence 189 (Glanville L. Williams ed.,
10th ed. 1947).
overseas bill oflading. See BILL OF LADING.
Overseas Private Investment Corporation. A federally
chartered corporation that promotes private invest
ment in developing countries by making or guaran
teeing loans; supporting private funds that invest in
foreign nations; insuring investments against politi
cal risks; and engaging in outreach activities. _ It was
established as an independent agency by the Foreign
Affairs Reform and Restructuring Act of 1998. The

agency is self-sustaining. Abbr.OPIC. [Cases: United
States (;:::>53(6.1).]
oversman. See UMPIRE.
oversubscription. A situation in which there are more
subscribers to a new issue of securities than there are
securities available for purchase. [Cases: Corporations
(;:::)86.]
overt, adj. (14c) Open and observable; not concealed or
secret <the conspirators' overt acts>.
overt act. (l7c) Criminal law. 1. An act that indicates
an intent to kill or seriously harm another person and
thus gives that person a justification to use self-defense.
[Cases: Assault and Battery 51; Homicide (;:::>
767.] 2. An outward act, however innocent in itself,
done in furtherance of a conspiracy, treason, or
criminal attempt. An overt act is usu. a required
element of these crimes. [Cases: Conspiracy (;:::>27;
Criminal Law 3. See ACTUS REUS. -Also
termed positive act.
over-the-counter, adj. 1. Not listed or traded on an
organized securities exchange; traded between brokers
and dealers who negotiate directly <over-the-counter
stocks>. [Cases: Securities Regulation (;:::>35.13.] 2.
(Of drugs) sold legally without a doctor's prescription
<over-the-counter cough medicine>. -Abbr. OTC.
[Cases: Health 305.]
over-the-counter market. The market for securities that
are not traded on an organized exchange . Over-the
counter (OTC) trading usu. occurs through telephone
or computer negotiations between buyers and sellers.
Many of the more actively traded OTC stocks are listed
on NASDAQ. Abbr. OTC market. [Cases: Securities
Regulation ~~35.13.J
overtime. 1. The hours worked by an employee in excess
of a standard day or week . Under the Fair Labor Stan
dards Act, employers must pay extra wages (usu. 1Ih
times the regular hourly rate) to certain employees
(usu. nonsalaried ones) for each hour worked in excess
of 40 hours per week. [Cases: Labor and Employment
Cr'-=>2305.j 2. The extra wages paid for excess hours
worked.
overtry, vb. (1911) (Of a trial lawyer) to try a lawsuit by
expending excessive time, effort, and other resources
to explore minutiae, esp. to present more evidence than
the fact-trier can assimilate, the result often being that
the adversary gains arguing points by disputing the
minutiae.
overturn, vb. (1842) To overrule or reverse <the court
overturned a long-established precedent>. [Cases:
Courts (;:::> 100(1).J
OWCP. abbr. OFFICE OF WORKERS' COMPENSATION
PROGRAMS.
owelty (oh-dl-tee). (l6c) 1. Equality as achieved by a
compensatory sum of money given after an exchange
of parcels of land having different values or after an
unequal partition of real property. [Cases: Partition
(;:::>84.] 2. The sum of money so paid. OWl. abbr. Operating while intoxicated. See DRIVING
U:-'DER THE INFLUENCE. [Cases: Automobiles (;:::>
332.J
owing, adj. (15c) That is yet to be paid; owed; due <a
balance of$5,000 is still owing>.
owling. Hist. The smuggling of wool or sheep out of
England. The term usu. refers to nighttime smug
gling.
own, vb. (bef. 12c) To rightfully have or possess as
property; to have legal title to.
owned-property exclusion. See EXCLUSION (3).
owner. (bef. 12c) One who has the right to possess, use,
and convey something; a person in whom one or more
interests are vested . An owner may have complete
property in the thing or may have parted with some
interests in it (as by granting an easement or making a
lease). See OWNERSHIP.
adjoining owner. (I8c) A person who owns land
abutting another's; ABUTTER. [Cases: Adjoining
Landowners
beneficial owner. (18c) 1. One recognized in equity as
the owner ofsomething because use and title belong
to that person, even though legal title may belong to
someone else; esp., one for whom property is held
in trust. Also termed equitable owner. [Cases:
Trusts 2. A corporate shareholder who has
the power to buy or sell the shares, but who is not
registered on the corporation's books as the owner.
[Cases: Corporations (;:::>135.]3. Intellectual property.
A person or entity who is entitled to enjoy the rights
in a patent, trademark, or copyright even though legal
title is vested in someone else . The beneficial owner
has standing to sue for infringement. A corporation
is typically a beneficial owner if it has a contractual
right to the assignment ofthe patent but the employee
who owns the patent has failed to assign it. Similarly, a
patent or copyright owner who has transferred title as
collateral to secure a loan would be a beneficial owner
entitled to sue for infringement.
copyright owner. See COPYRIGHT OWNER.
equitable owner. See beneficial owner (1).
general owner. (l8c) One who has the primary or resid
uary title to property; one who has the ultimate own
ership of property. Cf. special owner.
legal owner. (17c) One recognized by law as the owner of
something; esp., one who holds legal title to property
for the benefit of another. See TRUSTEE (1). [Cases:
Trusts
limited owner. (1836) A tenant for life; the owner of
a life estate. See life estate under ESTATE (1). [Cases:
Life Estates (;:::01.]
naked owner. Civil law. A person whose property
is burdened by a usufruct . The naked owner has
the right to dispose of the property subject to the
usufruct, but not to derive its fruits. See USUFRUCT.
[Cases: Estates in Property (;:::> 1.]

1215
owner ofrecord. See record owner.
owner pro hac vice (proh hahk vee-chay). See bareboat
charter under CHARTER (8).
record owner. (1863) 1. A property owner in whose
name the title appears in the public records. 2. STOCK
HOLDER OF RECORD.
sole and unconditional owner. (1871) Insurance. The
owner who has full equitable title to, and exclusive
interest in, the insured property. [Cases: Insurance
~2992(2).1
special owner. (I8c) One (such as a bailee) with a quali
fied interest in property. Cf. general owner.
owners' association. (1968) 1. The basic governing entity
for a condominium or planned unit developments .
It is usu. an unincorporated association or a nonprofit
corporation. [Cases: Associations Condominium
~8.] -Also termed homeowners' association. 2. See
homeowners' association under ASSOCIATION.
owners' equity. (1935) The aggregate of the owners'
financial interests in the assets ofa business entity; the
capital contributed by the owners plus any retained
earnings. Owners' equity is calculated as the differ
ence in value between a business entity's assets and its
liabilities. -Also termed owner's equity; book value;
net book value; (in a corporation) shareholders' equity;
stockholders' equity. [Cases: Taxation ~2545.1
"Owner's equity is the residual claim of the owners of the
business on its assets after recognition of the liabilities
of the business. Owner's equity represents the amounts
contributed by the owners to the business, plus the accu
mulated income of the business since its formation, less
any amounts that have been distributed to the owners."
Charles H. Meyer, Accounting and Finance for Lawyers in
a Nutshell 4 (1995).
ownership. (16c) The bundle of rights allowing one to
use, manage, and enjoy property, including the right
to convey it to others . Ownership implies the right to
possess a thing, regardless ofany actual or constructive
control. Ownership rights are general, permanent, and
heritable. Cf. POSSESSION; TITLE (1). [Cases: Property
11.]
"Ownership does not always mean absolute dominion. The
more an owner, for his advantage, opens up his property
for use by the public in general, the more do his rights
become circumscribed by the statutory and constitutional
powers of those who use it." Marsh v. Alabama, 326 u.s.
501,506,66 S.Ct. 276, 278 (1946) (Black,].).
"Possession is the de facto exercise of a claim; ownership
is the de jure recognition of one. A thing is owned by me
when my claim to it is maintained by the will of the state as
expressed in the law; it is possessed by me, when my claim
to it is maintained by my own selfassertive will. Ownership
is the guarantee of the law; possession is the guarantee
of the facts. It is well to have both forms if possible; and
indeed they normally coexist." John Salmond, jurispru'
dence 311 (Glanville L Williams ed., 10th ed. 1947).
bare ownership. See trust ownership.
beneficial ownership. (18c) 1. A beneficiary's interest
in


bare ownership. See trust ownership.
beneficial ownership. (18c) 1. A beneficiary's interest
in trust property. Also termed equitable owner
ship. [Cases: Trusts ~139.] 2. A corporate share
holder's power to buy or sell the shares, though the ownership-in-place theory
shareholder is not registered on the corporation's
books as the owner.
bonitary ownership (bahn-a-tair-ee). Roman law. A
type ofeqUitable ownership recognized by the praetor
when the property was conveyed by an informal
transfer, or by a formal transfer by one not the true
owner. -Also termed bonitarian ownership; in bonis
habere.
complete ownership. Hist. Louisiana law. See perfect
ownership.
contingent ownership. (1886) Ownership in which title
is imperfect but is capable of becoming perfect on
the fulfillment ofsome condition; conditional own
ership.
corporeal ownership. (1894) The actual ownership of
land or chattels.
equitable ownership. See beneficial ownership (1).
full ownership. Hist, Louisiana law. See perfect own
ership.
imperfect ownership. Louisiana law. Ownership of
property subject to a usufruct interest held by another.
See La. Civ. Code art. 478. -Also termed naked own
ership.
incorporeal ownership. (1931) The ownership ofrights
in land or chattels.
joint ownership. (18c) Undivided ownership shared by
two or more persons . Typically, an owner's interest,
at death, passes to the surviving owner or owners
by virtue ofthe right of survivorship. [Cases: Joint
Tenancy~L]
naked ownership. Louisiana law. See imperfect own
ership.
ownership in common. (1838) Ownership shared
by two or more persons whose interests are divis
ible. Typically their interests, at death, pass to the
dead owner's heirs or successors. [Cases: Tenancy in
Common
perfect ownership. Hist. Louisiana law. The complete
bundle of rights to use, enjoy, and dispose ofproperty
without limitation. -Also termed full ownership;
complete ownership. [Cases: Property ~7, 11.]
qualified ownership. (I8c) Ownership that is shared,
restricted to a particular use, or limited in the extent
ofits enjoyment.
trust ownership. (1893) A trustee's interest in trust
property. -Also termed bare ownership. [Cases:
Trusts ~133.]
unqualified ownership. Absolute ownership. [Cases:
Property ~7.1
vested ownership. (1867) Ownership in which title is
perfect; absolute ownership.
ownership-in-place theory. Oil & gas. A characteriza
tion ofoil-and-gas rights used in a majority ofjurisdic
tions, holding that the owner has the right to present
possession of the oil and gas in place as well as the

1216 owner's policy
right to use the land surface to search, develop, and
produce from the property, but that the interest in the
minerals terminates if the oil and gas flows out from
under the owner's land. -This theory is used in Texas,
New Mexico, Kansas, Mississippi, and other major pro
ducing states. The rights of a severed-mineral-interest
owner to oil and gas in these states are often described
as an estate in fee simple absolute, but ownership of
specific oil-and-gas molecules is subject to the rule
of capture. See also NONOWNERSHIP THEORY. [Cases:
Mines and Minerals 55,62.1, 73.1(6).]
owner's policy. Real estate. A title-insurance policy
covering the owner's title as well as the mortgagee's
interest. Cf. MORTGAGEE POLICY. [Cases: Insurance ~
2610; Mortgages ~'201.]
own-product exclusion. See EXCLUSION (3).
own-work exclusion. See EXCLUSION (3).
oxfild (oks-fild). Hist. A restitution made by a county
or hundred for a wrong done by someone within that
region.
oxgang (oks-gang). Hist. An amount ofland equal to
what an ox plows in one year, usu. 12 to 15 acres. -An
oxgang, equaling one-eighth of a carucate, was used
to assess land for tax purposes. -Also termed oxgate;
bovata terrae. Cf. CARUCATE.
oyer (oY-::lr or oh-y::lr). [fro Old French orr "to hear"] (15c)
Hist. L A criminal trial held under a commission of
oyer and terminer. See COMMISSION OF OYER AND TERMINER. 2. The reading in open court ofa document
(esp. a deed) that is demanded by one party and read
by the other. 3. Common-law pleading. A prayer to the
court by a party opposing a profert, asking to have the
instrument on which the opponent relies read aloud.
_ Oyer can be demanded only when a profert has been
properly made, but it is disallowed for a private writing
under seal. [Cases: Bills and Notes ~488; Pleading
C:)306.]
"A party having a right to demand oyer is yet not obliged,
in all cases, to exercise that right; nor is he obliged, in
all cases, after demanding it, to notice it in the pleading
he afterwards files or delivers. Sometimes, however, he
is obliged to do both, namely, where he has occasion to
found his answer upon any matter contained in the deed of
which profert is made, and not set forth by his adversary.
In these cases the only admissible method of making such
matter appear to the court is to demand oyer, and, from
the copy given, set forth the whole deed verbatim in his
pleading." BenjaminJ. Shipman, Handbook ofCommonLaw
Pleading  289, at 483 (Henry Winthrop Ballantine ed., 3d
ed.1923).
oyer, demand of. See DEMAND OF OYER.
oyer and terminer (oY-::lr an[d] tar-m::l-n::lr). [Law French
oyer et terminer "to hear and determine"] (15c) 1. See
COMMISSION OF OYER AND TERMINER. 2. COURT OF
OYER AND TERMINER (2).
oyez (oh-yes or oh-yez or oh-yay). [Law French] (I5c)
Hear yeo -The utterance oyez, oyez, oyez is usu. used
in court by the public crier to call the courtroom to
order when a session begins or when a proclamation is
about to be made.

p
P. abbr. PACIFIC REPORTER.
P.A. abbr. See professional association under ASSOCIA
TION.
paage (pay-ij). See PEDAGE.
PAC (pak). abbr. POLITICAL-ACTION COMMITTEE.
pacare (pa-kair-ee), vb. [Law Latin] I-list. To pay.
PACER. abbr. PUBLIC ACCESS TO COURT ELECTRONIC
RECORDS.
pacification (pas-a-fi-kay-sh;m), n. (ISc) Int'llaw. The
act ofmaking peace between two belligerent nations.
pacify (pas-a-h), vb.
pacific blockade. See BLOCKADE.
padfidst. See PACIFIST.
Pacific Reporter. A set of regionallawbooks, part of
the West Group's National Reporter System, contain
ing every officially published appellate decision from
Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Kansas, Montana, Nevada, New Mexico, Oklahoma,
Oregon, Utah, Washington, and Wyoming, from 1883
to date. -The first series ran from 1883 to 1931; the
second series ran until 2000; the third series is the
current one. -Abbr. P.; P.2d; P.3d.
pacifism (pas-a-fiz-am). (1902) Int'llaw. The advocacy of
peaceful methods rather than war as a means of solving
disputes.
pacifist (pas-d-fist), n. (1906) A person who is opposed to
war; a person who believes in pacifism. -Also termed
pacificist. Cf. CONSCIENTIOUS OBJECTOR.
pack, vb. (16c) To choose or arrange (a tribunal, jurors,
etc.) to accomplish a desired result <pack a jury>.
package mortgage. See MORTGAGE.
package policy. See INSURANCE POLICY.
packing, n. A gerrymandering technique in which a
dominant political or racial group minimizes minority
representation by concentrating the minority into as
few districts as possible. Cf. CRACKING; STACKDIG (2).
[Cases: Ejections 12(6).J
packing a jury. See JURY-PACKING.
Pac-Man defense (pak-man). An aggressive antitakeover
defense by which the target company attempts to take
over the bidder company by making a cash tender offer
for the bidder company's shares. _ The name derives
from a video game popular in the 1980s, the object
of which was to gobble up the enemy. This defense
is seldom used today. Cf. CROWN-JEWEL DEFENSE;
SCORCHED-EARTH DEFENSE.
pact. (15c) An agreement between two or more parties;
esp., an agreement (such as a treaty) between two or
more nations or governmental entities. "Popular understanding notwithstanding, there is no legal
difference between various kinds of international instru
ments because of the name they are given. In other words,
'treaties,' 'pacts,' 'protocols,' 'conventions,' 'covenants,'
and 'declarations' are all terms to convey international
agreements. Some of these terms may connote more or less
solemnity or formality, but it does not matter for purposes
of characterizing an accord as an international agreement,
binding under international law." Davidj. Bederman, Inter
national Law Frameworks 25 (2001).
pacta sunt servanda (pak-t<J s<Jnt s<Jr-van-dd). [Latin
"agreements must be kept"] The rule that agreements
and stipulations, esp. those contained in treaties, must
be observed <the Quebec courts have been faithful to
the pacta sunt servanda principle>. [Cases: Contracts
C:=> 1.]
pact de non alienando (pakt dee non ay-Iee-a-nan-doh).
[Latin] Civil law. An agreement not to alienate encum
i bered (esp. mortgaged) property. -This stipulation will
' not void a sale to a third party, but it does allow the
mortgagee to proceed directly against the mortgaged
property without notice to the purchaser.
pactio (pak-shee-oh). [Latin] Civil law. 1. The negotiating
process that results in a pactum. 2. The pactum arrived
at; an agreement. PI. pactiones.
paction (pak-shan). 1. PACTIO. 2. Int'llaw. An agreement
between two nations to be performed by a Single act.
i
pactionai, adj. Relating to or generating an agreement.
paction ally, adv.
Pact of Paris. See KELLOGG-BRIAND PACT.
I pactum (pak-tam), n. [Latin] Roman & civil law. An
I agreement or convention, usu. falling short of a
'contract; a pact. -Also termed pactum conventum.
PLpacta.
pactum constitutae pecuniae (pak-tdm kon-sta-t[y]
oo-tee pi-kyoo-nee-ee). [Latin "agreement for a fixed
sum of money"] See pactum de consituto.
pactum corvinum de hereditate viventis (pak-tdm
kor-vI-ndm dee ha-red-i-tay-tee vl-ven-tis). [Latin "a
raven-like contract on the inheritance ofthe living"]
An agreement concerning the succession of one still
liVing. -Also termed pactum de successione viventis;
pactum super hereditate viventis.
"It is supposed that the Romans called this a corvine agree
ment (pactum coyvinum) on account of the eager rapacity
of ravens, which prompts them to attack and commence
to devour animals weakened and dying before death has
actually taken place." John Trayner, Trayner's Latin Maxims
429 (4th ed. 1894).
pactum de constituto (pak-tam dee kon-sti-t[y]oo-toh).
[Latin "an agreement"] An informal agreement to pay
an existing debt, one's own or another's, at a fixed
time. _ The agreement was enforceable by a praetor.
Justinian extended the pactum de canstituto from

1218 pad
money to debts ofany kind. The pactum could also be
used to give security; it differs from fidejussion mainly
in its informality. Also termed pactum constitutae
pecuniae. See CONSTITGTUM. Cf. FIDEJUSSION.
pactum de non petendo (pak-tam dee non pa-ten-doh).
[Latin "agreement not to sue") An agreement in which
a creditor promises not to enforce the debt.
pactum de quota litis (pak-tam dee kwoh-ta II-tis).
[Latin "agreement about a portion of the amount in
issue"] An agreement in which a creditor promises to
pay a portion ofa difficult-to-collect debt to a person
attempting to collect it; an agreement to share the
proceeds ofa litigation.
pactum de retrovendendo (pak-tam dee re-troh-ven
den-doh). [Latin] An agreement concerning the
selling back of an object.  This agreement gave the
seller the right to repurchase the item sold within a
certain period and at a fixed price.
pactum de successione viventis (pak-tam dee sak
ses[h)-ee-oh-nee vI-ven-tis). [Latin] See pactum
corvinum de hereditate viventis.
pactum displicentiae (pak


Latin] See pactum
corvinum de hereditate viventis.
pactum displicentiae (pak-tam dis-pli-sen-shee-I).
Roman law. A sale on approval.  The buyer had the
property on trial and could reject it.
pactum donationis (pak-tam doh-nay-shee-oh-nis).
[Latin] An agreement to make a gift . Justinian made
such agreements enforceable. Ifinformal, the agree
ment would be valid up to a fix sum (500 solidi).
pactum illicitum (pak-tam i-lis-a-tam). [Latin] An
illegal agreement.
pactum legis commissoriae (pak-tam lee-jis kom-i-sor
ee-ee). [Latin] An agreement under which the seller
received the benefit of the lex commissoria. See LEX
COMMISSORIA.
pactum legis commissoriae in pignoribus (pak-t<lm
lee-jis kom-i-sor-ee-ee in pig-nor-a-bas). [Law Latin]
An agreement giving the pledgee the benefit ofa for
feiture clause. See LEX COMMISSORIA.
"The pactum legis commissoriae in pignoribus was ... a
Roman law paction, sometimes adjected to a redeemable
right, whereby it was provided, that, if the subject were not
redeemed against a determinate day, the right of reversion
should be irritated, and the subject should become the
irredeemable property of him to whom it was impledged.
Such stipulations were held in the Roman law to be contra
bonos mores; but, by the law of Scotland, irritant clauses in
contracts, obligations, infeftments, and the like, are effec
tual." William Bell, Bel/'s Dictionary and Digest ofthe Law of
Scotland 758 (George Watson ed., 7th ed. 1890).
pactum liberatorium (pak-tam Iib-ar-a-tor-ee-am).
[Law Latin "a liberating agreement"] An agree
ment liberating parties from honOring a real right.
 This type of agreement appears to have been long
defunct.
pactum super hereditate viventis (pak-tam s[y]oo-par
ha-red-i-tay-tee vI-ven-tis). [Law Latin] See pactum
corvinum de hereditate viventis. pad, vb. (1831) Slang. (Of a lawyer, paralegal, etc.) to
overstate the number of (billable hours worked). See
BILLABLE HOUR. padding, n.
padded-payroll rule. See FICTITIOUS-PAYEE RULE.
paid-in capital. See CAPITAL.
paid-in fund. See FUND (1).
paid-in surplus. See SURPLUS.
paid-up insurance. See INSURANCE.
paid-up lease. Oil & gas. A mineral lease that does not
provide for delay-rental payments and does not subject
the lessor to any covenant to drill . In effect, the lessor
makes all delay-rental payments, and perhaps a bonus,
when the lease is Signed. A paid-up lease may be used to
lease a small area or a fractional interest, or for a short
primary term or for small delay rentals. The lease is
effective through the primary term. [Cases: Mines and
Minerals (;:::>78.1(2),78.1(3).]
paid-up policy. See INSURANCE POLICY.
paid-up stock. See full-paid stock under STOCK.
pain and suffering. (1825) Physical discomfort or emo
tional distress compensable as an element of non
economic damages in torts. See DAMAGES. [Cases:
Damages 57.1.]
pain of, on. See ON PAIN OF.
pains and penalties, bill of. See BILL OF PAINS AND PEN
ALTIES.
pair. Parliamentary law. Two voters, usu. legislators,
on opposite sides of an issue who agree that they will
abstain if either cannot vote on the issue. A pair is
usu. announced and recorded.
"In a legislative body it is a rule that no member can vote
who is not present when the question is put, but 'pairing:
which is a type of absentee voting by which a member
agrees with a member who would have voted opposite
to the first member not to vote, has long been used in
Congress and some of the states and has been recognized
by the courts. Each house of the legislature, under the
authority to make rules for its own governance, has power
to recognize what are called 'pairs.'" National Conference
of State Legislatures, Mason's Manual ofLegislative Proce
dure  538, at 385 (2000).
paired vote. See VOTE (1).
pais (payor pays). See IN PAIS.
Palace Court. Hist. A court having jurisdiction over all
personal actions arising within 12 miles ofWhitehall.
 This court was created by James I in response to com
plaints about the inconvenience of using the itinerant
Court of the Marshalsea; its jurisdiction was similar
to that of the Marshalsea, but the court remained in
Whitehall. It was abolished along with the Court of
the Marshalsea in 1849. -Formerly also termed curia
palatii. See COURT OF THE MARSHALSEA.
"The court of the marsha/sea, and the palace court at
Westminster, though two distinct courts, are frequently
confounded together. The former was originally holden
before the steward and marshal of the king's house, and
was instituted to administer justice between the king's
domestic servants, that they might not be drawn into
other courts, and thereby the king lose their service....

1219
But this court being ambulatory, and obliged to follow
the king in all his progresses, so that by the removal of
the household, actions were frequently discontinued, and
doubts having arisen as to the extent of its jurisdiction, , .
[the king] erected a new court of record, called the curia
palatii, or palacecourt, to be held before the steward of
the household and knight marshal, and the steward ofthe
court, or his deputy; with jurisdiction to hold plea of all
manner of personal actions whatsoever, which shall arise
between any parties within twelve miles of his majesty's
palace at Whitehall." 3 William Blackstone, Commentaries
on the Laws of England 76 (1768).
palimony (pal-;}-moh-nee). [Portmanteau word from
pal + alimol1Y) (1977) 1. A court's award of post-rela
tionship support or compensation for services, money,
and goods contributed during a long-term nonmari
tal relationship, esp. where a common-law marriage
cannot be established . Though not recognized under
most state statutes, caselaw in some jurisdictions
authorizes palimony claims. The term originated in
the press coverage of Marvil1 v. Marvil1, 557 P.2d 106
(CaL 1976). Cf. ALIMONY. [Cases; Marriage 2.
Loosely, child support.  This sense is esp. common in
the United Kingdom.
pallio cooperire (pal-ee-oh koh-op-;}-rI-ree). [Latin "to
cover with a pallium"] Hist. A marriage ofpersons who
have already had a child together . The pallium was
a veil or cover over the bride, which was extended to
cover the bastard child. Its removal at the wedding was
deemed to legitimate the child.
Palmer's Act. An English statute, enacted in 1856, giving
a person accused of a crime falling outside the jurisdic
tion of the Central Criminal Court the right to have
the case tried in that court. St. 19 & 20 Vict., ch. 16.
Also termed Central Criminal Court Act. See CENTRAL
CRIMINAL COURT.
palming off. See PASSING OFF.
Palsgrafrule (pawlz-graf). (1932) Torts. The principle
that negligent conduct resulting in injury will lead to
liability only if the actor could have reasonably foreseen
that the conduct would cause the injury . In Palsgraf v.
Long Islal1d R.R., 162 N.E. 99 (N.Y. 1928), two railroad
attendants negligently dislodged a package of fire
works from a man they were helping board a train.
The package exploded on impact and knocked over
some scales that fell on Mrs. Palsgraf. The New York
Court ofAppeals, in a 4-3 majority opinion written by
Chief Justice Benjamin Cardozo, held that the atten
dants could not have foreseen the possibility of injury
to Palsgraf and therefore did not breach any duty to her.
In the dissenting opinion, Justice William S. Andrews
asserted that the duty to exercise care is owed to all,
and thus a negligent act will subject the actor to liabil
ity to all persons proximately harmed by it, whether or
not the harm is foreseeable. Both opinions have been
widely cited to support the two views expressed in
them. [Cases: Negligence (:='213.]
Pan-American Convention. Copyright. One of a series
of copyright conventions held among Western Hemi
sphere countries to negotiate treaties patterned after
the Berne Convention . The first Convention was held panhandling
in 1902, the last in 1946. The largest was the 1910 Pan
American Convention in Buenos Aires.
pandect (pan-dekt). 1. A complete legal code, esp. of a
nation or a system of law, together with commentary.
2. (cap. & pl.) The 50 books constituting Justinian's
Digest (one of the four works making up the Corpus
Juris Civilis), first published in A.D. 533. The substance
of 2,000 treatises was distilled into this abridgment.
One estimate is that 3 million lines were reduced to
150,000. This prodigious amount of work was carried
out in three short years (A.D. 530-533) by a commission
of 17 jurists headed by Tribonian. Also termed (in
sense 2) Digest. Also spelled (in reference to German
law) pandekt. PI. pandects, pandectae. See CORPUS
JURIS CIVILIS.
pander, n. (15c) One who engages in pandering. -Also
termed panderer. See PIMP.
pandering (pan-dar-ing), n. (l7c) 1. The act or offense
of recruiting a prostitute, finding a place of business
for a prostitute, or soliciting customers for a prosti
tute. -Also termed promoting prostitutiol1. [Cases:
Prostitution 2. The act or offense of selling or
distributing textual or visual material (such as maga
zines or videotapes) openly advertised to appeal to the
recipient's sexual interest.  Although the concept of
pandering was invoked by the U.S. Supreme Court in
Gil1zburg v. United States, 383 U.S. 463, 86 S.Ct. 942
(1966), it has seldom been discussed by the Court since
then. pander, vb.
Panduit test. Patel1ts. A four-factor test for measur
ing profits lost because of patent infringement . The
patentee must prove (1) that there was a demand for the
product; (2) that the patentee had the manufacturing
and marketing capacity to meet that demand; (3) that
there were no acceptable noninfringing alternatives
on the market; and (4) how much was lost in profits.
Pal1duit Corp. v. Stahlin Bros. Fibre Works, Inc., 575
F.2d 1152 (6th Cir. 1978). [Cases: Patents C~-:>318.]
P & L. abbr. Profit and loss. See INCOME STATEMENT.
panel. (14c) 1. A list of persons summoned as poten
tial jurors; VENIRE. 2. A group of persons selected to
serve on a jury; JURY. [Cases: Jury (::::066, 78.] 3. A set
of judges selected from a complete court to decide a
specific case; esp., a group of three judges designated
to sit for an appellate court. [Cases: Courts (::::070.] 4.
Scots law. A person indicted in a crime; the accused.
Also spelled (in sense 4) pal1l1el.
panelation (pan-al-ay-sh;m). (2003) The act ofempanel
ing a jury. -Also spelled panel/ation.
panel attorney. See ATTORNEY.
panel-shopping. (1974) The practice of chOOSing the
most favorable group ofjudges to hear an appeal.
panhandling. The act or practice of approaching or
stopping strangers and begging for money or food.
[Cases: Vagrancy 1.J -panhandler, n. pan
handle, vb.

1220 pannage
pannage (pan-ij). Hist. 1. The right to feed animals, esp.
swine, on the windfallen nuts, etc. in a forest. 2. The
payment made to a forest's owner in exchange for the
right.
papal law (pay-p<3I). See CANON LAW.
paper. (14c) 1. Any written or printed document or
instrument. 2. A negotiable document or instru
ment evidencing a debt; esp., commercial documents
or negotiable instruments considered as a group. See
NEGOTIABLE INSTRUMENT. 3. (pl.) COURT PAPERS.
accommodation paper. See ACCOMMODATION PAPER.
bankable paper. Notes, checks, bank bills, drafts, and
other instruments received as cash by banks.
bearer paper. An instrument payable to the person who
holds it rather than to the order of a specific person.
_ Bearer paper is negotiated simply by delivering the
instrument to a transferee. -Also termed bearer
document; bearer instrument. [Cases: Bills and Notes
(;..--:::>210.]
chattel paper (chat-


instrument. [Cases: Bills and Notes
(;..--:::>210.]
chattel paper (chat-<3I). See CHATTEL PAPER.
commercial paper. 1. An instrument, other than cash,
for the payment of money. _ Commercial paper
typically existing in the form of a draft (such as a
check) or a note (such as a certificate of deposit) is
governed by Article 3 of the UCC. But even though
the UCC uses the term commercial paper when refer
ring to negotiable instruments of a particular kind
(drafts, checks, certificates of deposit, and notes as
defined by Article 3), the term long predates the UCC
as a business and legal term in common use. Before
the UCC, it was generally viewed as synonymous with
negotiable paper or bills and notes. It was sometimes
applied even to nonnegotiable instruments. Also
termed mercantile paper; company's paper. See NEGO
TIABLE INSTRUMENT. [Cases: Bills and Notes C':::'1.J
"'Commercial paper' is rather a popular than a technical
expression, often used, however, both in statutes and in
decisions of courts, to designate those simple forms of
contract long recognized in the world's commerce and
governed by the law merchant." 1 Joseph F. Randolph, A
Treatise on the Law ofCommercial Paper  1, at 1 (2d ed.
1899).
"Defined most broadly, commercial paper refers to any
writing embodying rights that are customarily conveyed
by transferring the writing. A large subset of commercial
paper consists of such writings that are negotiable, which
means that the law enables a transferee to acquire the
embodied rights free of claims and defenses against the
transferor." Richard E. Speidel, Negotiable Instruments and
Check Collection in a Nutshell 1 (4th ed. 1993).
2. Such instruments collectively. Also termed bills
and notes. 3. Loosely, a short-term unsecured prom
issory note, usu. issued and sold by one company to
meet another company's immediate cash needs.
commodity paper. An instrument representing a loan
secured by a bill oflading or warehouse receipt.
order paper. An instrument payable to a specific payee
or to any person that the payee deSignates. -Also
termed order document; order instrument. [Cases:
Bills and Notes ~208.] paper loss. See LOSS.
paper market. See derivative market under MARKET.
paper money. See MONEY.
paper patent. See PATENT (3).
paper profit. See PROFIT (1).
papers. See COURT PAPERS.
paper standard. A monetary system based entirely on
paper; a system ofcurrency that is not convertible into
gold or other precious metal. Cf. GOLD STANDARD.
paper street. See STREET.
paper title. See record title under TITLE (2).
Papian law. See LEX PAPIA POPPEA.
par. See PAR VALUE.
parade-of-horrors objection. See WEDGE PRINCIPLE.
parage (par-ij), n. [Law French] (13c) Hist. Equality of
condition, blood, or dignity; esp., the equal tenure in
land existing among the nobility who inherit from a
common ancestor. -Also termed paragium. Cf. DIS
PARAGARE (2).
paragium (p<3-ray-jee-<3m). [Law Latin] PARAGE.
parajudge. See UNITED STATES MAGISTRATE JUDGE.
paralegal, n. (1967) 1. A person who has some educa
tion in law and assists a lawyer in duties related to the
practice of law but who is not a licensed attorney.
Also termed legal assistant; legal analyst. 2. Canadian
law. A nonlawyer who is legally qualified through expe
rience or special training and is licensed to provide
limited legal services in certain fields . Paralegals may
assist in representing clients in both civil and criminal
matters. -Also termed (in sense 2) law clerk. para
legal, adj.
paralegalize, vb. Slang. To proofread, cite-check, and oth
erwise double-check the details in (a legal document).
parallel citation. See CITATION (3).
parallel imports. Goods bearing valid trademarks that
are manufactured abroad and imported into the United
States to compete with domestically manufactured
goods bearing the same valid trademarks. -Domestic
parties commonly complain that parallel imports
compete unfairly in the U.S. market. But C'.S. trade
mark law does not prohibit the sale of most parallel
imports. Also termed gray-market goods. See gray
market under MARKET.
parallel parenting. See PARENTING.
parallel research. Intellectual property. The coincident
but independent development of similar information
or ideas by more than one person. -Parallel research
may be offered to establish an independent-concep
tion defense. If more than one person independently
reaches the same result, each may protect the product
as a trade secret.
paramount title. See TITLE (2).
paraph (par-af), n. 1. Hist. A flourish that follows a sig
nature, intended as a safeguard against forgery. 2. Civil

law. A signature itself; esp., a notary public's signature
on a document, followed by the date, names of the
parties, and seal.
paraph (par-"f), vb. Civil law. To add a paraph to
<paraphed the contract>.
parapherna (par-,,-far-n,,), n. (Greek "things brought on
the side"]l. Roman law. Property of a wife not forming
part of her dowry. See DOS (1). 2. Scots law. A married
woman's personal property, such as clothing, jewelry,
and intimate possessions, which a husband did not
acquire by virtue of marriage. See JUS MARITI.
paraphernalia (par-,,-f3r-nay-lee-,,). (17c) Hist. Property
that a wife was allowed to keep, in addition to her
dowry, on the death ofher husband.
"[I]n one particular instance the wife may acquire a property
in some of her husband's goods: which shall remain to her
after his death and not go to the executors. These are
called her paraphernalia, which is a term borrowed from
the civil law. , . signifying something over and above her
dower." 2 William Blackstone, Commentaries on the Laws
ofEngland 435-36 (1765).
paraphernal property. See extradotal property under
PROPERTY.
Paraphrase ofTheophilus. See INSTITUTE (4).
parata executio (p"-ray-t,, ek-s,,-kyoo-shee-oh). [Law
Latin "a prepared diligence"] Scots law. A creditor's
completed diligence allowing the creditor to proceed
to obtain payment of a debt.
paratitla (par-,,-tIt-I,,). n. pl. [Law Latin "next to the
title"] Roman & civil law. :..Iotes or abstracts prefixed
to titles of law. giving a summary of their contents.
paratum habeo (p,,-ray-tam hay-bee-oh). [Law Latin "1
have him in readiness"] Hist. A sheriff's return of a
capias ad respondendum, signifying that the defendant
is ready to be brought to court.
paratus est verificare (p"-ray-t,,s est ver-,,-fi-kair-ee).
[Law Latin] He is ready to verify . This phrase formerly
concluded a verified pleading.
paramil (par-,,-vayl or par-,,-vayl). adj. [Law French
"at the bottom"] Hist. (Of a tenant) holding ofanother
tenant.
parcel, n. (ISc) 1. A small package or bundle. 2. A tract
ofland; esp . a continuous tract or plot ofland in one
possession, no part of which is separated from the rest
by intervening land in another's possession.
parcel, vb. (ISc) To divide and distribute (goods. land,
etc.)  This verb is often used with out <the land is
parceled out in allotments> or, rarely, off<the father
arranged to have a 1O.474-acre tract of his farm parceled
off and retitled to his children as joint tenants>.
parcenary (pahr-sa-ner-ee). See COPARCENARY.
parcener (pahr-s"-n,,r). See COPARCENER.
parco fracto (pahr-koh frak-toh). See DE PARCO
FRACTO.
par delictum Cpahr di-lik-t"m). [Latin) Equal guilt; equal
wrong. pardon, n. (14c) The act or an instance of officially nul
lifying punishment or other legal consequences of a
crime. A pardon is usu. granted by the chief executive
of a government. The President has the sole power to
issue pardons for federal offenses, and state governors
have the power to issue pardons for state crimes.
Also termed executive pardon. See CLEMENCY. Cf. COM
MUTATION (2); REPRIEVE. [Cases: Pardon and Parole
C'::;)23.) pardon, vb.
"The term pardon is first found in early French law and
derives from the Late Latin perdonare ('to grant freely'),
suggesting a gift bestowed by the sovereign. It has thus
come to be associated with a somewhat personal conces
sion by a head of state to the perpetrator of an offense,
in mitigation or remission of the full punishment that he
has merited." Leslie Sebba, "Amnesty and Pardon," in 1
Encyclopedia ofCrime and Justice 59, 59 (Sanford H. Kadish
ed., 1983).
absolute pardon. A pardon that releases the wrong
doer from punishment and restores the offender's
civil rights without qualification. -Also termed full
pardon; unconditional pardon. [Cases: Pardon and
Parole ~23.1
conditional pardon. A pardon that does not become
effective until the wrongdoer satisfies a prerequisite
or that will be revoked upon the occurrence of some
specified act. [Cases: Pardon and Parole (''''::::>23.]
faultless pardon. A pardon granted because the act
for which the person was convicted was not a crime.
[Cases: Pardon and Parole
general pardon. See AMNESTY.
partialpardon. A pardon that exonerates the offender
from some but not all of the punishment or legal con
sequences of a crime. [Cases: Pardon and Parole
23.]
unconditional pardon. See absolute pardon.
pardon attorney. A Justice Department lawyer who con
siders applications for federal pardons and forwards
those ofpromising candidates for review by the Presi
dent.
parens binubus (par-enz bI-n[y]oo-bas). [Latin "twice
married parent") Roman law. A parent who has remar
ried.
parens patriae (par-enz pay-tree-ee orpa-tree-I). [Latin
"parent ofhis or her country"] (18c) 1. Roman law. The
emperor as the embodiment of the state. 2. The state
regarded as a sovereign; the state in its capacity as
provider of protection to those unable to care for them
selves <the attorney general acted as parens patriae in
the administrative hearing>. [Cases: States C='l.] 3. A
doctrine by which a government has standing to pros
ecute a lawsuit on behalfof a citizen, esp. on behalf of
someone who is under a legal disability to prosecute
the suit <parens patriae allowed the state to institute
proceedings>. _ The state ordinarily has no standing
to sue on behalf of its citizens, unless a separate, sover
eign interest will be served by the suit. Also termed
doctrine ofparens patriae. [Cases: Infants States
(::::::::190.]

1222 parent
parent. (15c) 1. The lawful father or mother of someone .
In ordinary usage, the term denotes more than respon
sibility for conception and birth. The term commonly
includes (1) either the natural father or the natural
mother of a child, (2) either the adoptive father or the
adoptive mother ofa child, (3) a child's putative blood
parent who has expressly acknowledged paternity, and
(4) an individual or agency whose status as guardian
has been established by judicial decree. In law, parental
status based on any criterion may be terminated by
judicial decree. In other words, a person ceases to be a
legal parent if that person's status as a parent has been
terminated in a legal proceeding. -Also termed legal
parent. [Cases: Parent and Child C=1.]
absent parent. See noncustodial parent.
adoptive parent. (1Sc) A parent by virtue of legal
adoption. See ADOPTION (1). [Cases: Adoption C=
4,20.]
biological parent. The woman who provides the egg or
the man who provides the sperm to form the zygote
that grows into an embryo. -Also termed genetic
parent. [Cases: Children Out-of-Wedlock C=1.]
birth parent. Either the biological father or the mother
who gives birth to a child. -Sometimes written
birthparent.
constructive parent. See equitable parent.
custodial parent. The parent awarded physical custody
of a child in a divorce. See PHYSICAL CUSTODY (2).
Cf. noncustodial parent. [Cases: Child Custody C=
209.]
defacto parent. An adult who (1) is not the child's legal
parent, (2) has, with consent of the child's legal parent,
resided with the child for a significant period, and
(3) has routinely performed a share ofthe caretaking
functions at least as great as that of the parent who
has been the child's primary caregiver without any
expectation ofcompensation for this care . Because
the status of de facto parent is subordinate to that of
legal parent, a person who expects to be afforded the
status of parent should, if possible, adopt the child.
The primary function of this conceptual status is to
provide courts with a means for maintaining a rela
tionship between a child and an adult who has func
tioned as a parent when that adult is prohibited from
legally adopting the child. The status is usu.limited to
a person who has assumed the role ofparent


is prohibited from
legally adopting the child. The status is usu.limited to
a person who has assumed the role ofparent with the
knowledge and consent, either express or implied, of
the legal parent. But it may also arise when there is a
total failure or inability ofthe legal parent to perform
parental duties. Cf. equitable parent; psychological
parent.
Disneyland parent. A noncustodial parent who
indulges his or her child with gifts and good times
during visitation and leaves most or all disciplinary
responsibilities to the other parent; esp., a noncusto
dial parent who provides luxuries that the custodial
parent cannot afford but performs no disciplinary duties, in an effort to gain or retain the child's
affection. See LOLLIPOP SYNDROME.
domiciliary parent. A parent with whom a child lives.
[Cases: Child CustodyC=147.]
dual-residential parent. A parent who shares primary
residential responsibility for a child with the other
parent when each provides a residence that is substan
tially a primary residence. In many jurisdictions,
dual residence is referred to as joint physical custody.
See RESIDENTIAL RESPONSIBILITY; CUSTODY (2). Cf.
residential parent.
equitable parent. 1. A husband who, though not the
biological father, is treated by the court as the father
in an action for custody or visitation, usu. when the
husband (1) has treated the child as his own while
married to the child's mother, (2) is the only father
the child has ever known, and (3) seeks the rights of
fatherhood. 2. A mother or father, not by blood or
adoption, but by virtue of the close parent-like rela
tionship that exists between that person and a child.
 The status of equitable parent is a legal fiction that
is used as an equitable remedy. Most commonly,
the status of equitable parent arises when a person,
living with the child and one of his or her legal or
natural parents, forms a close bond with the child and
assumes the duties and responsibilities ofa parent.
Also termed constructive parent. See adoption by
estoppel under ADOPTION. Cf. psychological parent;
de facto parent. [Cases: Children Out-of-Wedlock
C=14.]
foster parent. (l7c) An adult who, though without
blood ties or legal ties, cares for and rears a child, esp.
an orphaned or neglected child who might otherwise
be deprived of nurture, usu. under the auspices and
direction of an agency and for some compensation
or benefit.  Foster parents sometimes give care and
support temporarily until a child is legally adopted by
others. See FOSTER CARE. Cf.foster child under CHILD.
[Cases: Infants C=226.]
genetic parent. See biological parent.
godparent. See GODPARENT.
intended parent. See intentional parent.
intentional parent. The person whose idea it is to have
and raise a child and who (1) enters into a surrogacy
contract with a surrogate mother, and (2) is the legal
parent ofthe child regardless ofany genetic link to the
child. -Also termed intended parent. See intended
child under CHILD.
noncustodial parent. In the child-custody laws ofsome
states, a parent without the primary custody rights of
a child; esp., the parent not awarded physical custody
of a child in a divorce . The noncustodial parent is
typically awarded visitation with the child. -Also
termed nonresidential parent; possessory conservator;
absent parent. See PHYSICAL CUSTODY (2). Cf. custo
dial parent. [Cases: Child Custody C=20-231.]
nonresidential parent. See noncustodial parent.

1223
parent by estoppel. A man who, though not a child's
legal father, is estopped from denying liability for
child support.  This estoppel usu. arises when the
man (1) has lived with the child for at least two years,
(2) has believed in good faith that he was the child's
father, (3) has accepted parental responsibilities, and
(4) has entered into a coparenting agreement with
the child's mother and when the court finds that
recognition of the status of parent is in the child's
best interests. See ESTOPPEL. [Cases: Children Out
of-Wedlock
primary domiciliary parent. Jn a joint-custody
arrangement, the parent who exercises primary
physical custody. See joint custody under CUSTODY
(2). [Cases: Child Custody~147.]
psychological parent. A person who, on a continuing
and regular basis, provides for a child's emotional and
physical needs . The psychological parent may be
the biological parent, a foster parent, a guardian, a
common-law parent, or some other person unrelated
to the child.
residential parent. A parent who has primary residen
tial responsibility for a child and who is not a dual
residential parent. See RESIDENTIAL RESPONSIBILITY.
Cf. dual-residential parent. [Cases: Child Custody C-~
147,209.]
stepparent. (1840) The spouse ofone's mother or father
by a later marriage. [Cases: Child Custody C=>272;
Parent and Child C-~14.]
surrogate parent. (1972) 1. A person who carries out the
role of a parent by court appointment or the volun
tary assumption of parental responsibilities. [Cases:
Parent and Child ~15.] 2. See surrogate mother (2)
under MOTHER.
2. See parent corporation under CORPORATION.
parentage (pair-;m-tij or par-). (ISc) The state or condi
tion ofbeing a parent; kindred in the direct ascending
line. [Cases: Parent and Child C=> 1.]
parentage action. See PATER::-IITY SUIT.
parental access. See VISITATION (2).
parental-alienation syndrome. See PARENT-ALIENATION
SYNDROME.
parental-autonomy doctrine. The principle that a parent
has a fundamental right to raise his or her child and
to make all decisions regarding that child free from
governmental intervention, unless (1) the child's health
and welfare are jeopardized by the parent's decisions, or
(2) public health, welfare, safety, and order are threat
ened by the parent's decisions . The Supreme Court
first recognized the doctrine ofparental autonomy over
the family in Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct.
625 (1923). Also termed Jamily-autonomy doctrine.
Cf. PARENTAL-PRIVILEGE DOCTRINE. [Cases: Infants
154.1; Parent and Child C::: 1.]
parental consent. See CONSENT (1).
parental-consent statute. A statute that requires a minor
to obtain his or her parent's consent before receiving parental-liability statute
elective medical treatment, such as an abortion.
Without parental consent, a physician or other medical
professional commits a battery upon a child when
giving nonemergency medical treatment. To pass
constitutional muster, a parental-consent statute must
include a judicial-bypass provision. Planned Parent
hood ojSoutheastern Pa. v. Casey, 505 U.S. 833, 112
S. Ct. 2791 (1992). Also termed parental-consent
treatment statute. See JUDICIAL-BYPASS PROVISION. Cf.
PARENTAL-NOTIFICATION STATUTE; MATURE-MINOR
DOCTRINE. [Cases: Abortion and Birth Control (;::J
116.J
parental-consent treatment statute. See PARENTAL
CONSENT STATUTE.
parental consortium. See CONSORTIUM.
parental-discipline privilege. A parent's right to use
reasonable force or to impose reasonable punishment
on a child in a way that is necessary to contro!' train,
and educate. Several factors are used to determine
the reasonableness ofthe action, including whether the
actor is the parent; the child's age, sex, and physical and
mental state; the severity and foreseeable consequences
of the punishment; and the nature of the misconduct.
Cf. PARENTAL-PRIVII-EGE DOCTRINE. [Cases: Parent
and Child
parental functions. See PARENTING FUNCTIONS.
parent-alienation syndrome. A situation in which one
parent has manipulated a child to fear or hate the other
parent; a condition resulting from a parent's actions
that are designed to poison a child's relationship with
the other parent. Some mental-health specialists
deny that this phenomenon amounts to a "psychologi
cal syndrome." -Also termed parental-alienation
syndrome. [Cases: Child CustodyC=>S7, 569.]
parental immunity. See IMMUNITY (2).
parental-immunity doctrine. See parental immunity (1)
under IMMUNITY (2).
parental kidnapping. See KIDNAPPING.
Parental Kidnapping Prevention Act. A federal law,
enacted in 1980, proViding a penalty for child-kidnap
ping by a noncustodial parent and requiring states to
recognize and enforce a child-custody order rendered
bv a court ofanother state. 28 USCA  1738A; 42 USCA
 654, 655, 663. -Abbr. PKPA. Cf. UNIFORM CHILD
CUSTODY JURISDICTION ACT; FEDERAL KIDNAPPING
ACT. [Cases: Child Custody ~-;::723, 738.]
parental-liability statute. (1963) A law obliging parents
to pay damages for torts (esp. intentional ones) com
mitted bv their minor children . All states have these
laws, but most limit the parents' monetary liability to
about $3,000 per tort. Parents can also be held crimi
nally liable for the acts oftheir children. One group of
laws is aimed at contributing to the delinquency and
endangering the welfare ofa minor. More recently, the
laws have been directed at improper supervision and
failure to supervise. The first law aimed at punishing
parents for the acts of their children was enacted in

1224 parental-notification statute
Colorado in 1903. Bv 1961 all buttwo states had enacted
similar laws. At le~st five states make it a felony for
a parent to intentionally, knowingly, and recklessly
provide a firearm to a child, or permit the child to
handle a firearm, when the parent is aware ofa substan
tial risk that the child will use the weapon to commit a
crime. Also termed parental-responsibility statute;
failure-to-supervise statute. Cf. PARENTAL-RESPO:-.fSI
BILITY STATUTE. [Cases: Parent and Child (';:::;> 13.5.]
parental-notification statute. A law that requires a phy
sician to notify a minor's parent ofher intention to have
an abortion. Cf. PARENTAL-CONSENT STATUTE. [Cases:
Abortion and Birth Control ~117.]
parental-preference doctrine. (1974) The principle that
custody ofa minor child should ordinarily be granted
to a fit parent rather than another person. The prefer
ence can be rebutted by proofthat the child's best inter
ests are to the contrary. -Also termed parental-rights
doctrine; parental-superior-rights doctrine; parental
presumption rule. Cf. BEST INTERESTS OF THE CHILD.
[Cases: Child Custody (';:::;>42,460.]
parental-presumption role. See PARENTAL-PREFERENCE
DOCTRINE.
parental-privilege doctrine. The parent's right to dis
cipline his or her child reasonably, to use reasonable
child-rearing practices free of governmental interfer
ence, and to exercise decision-making authority over
the child. Cf. PARENTAL-AUTONOMY DOCTRINE; PAREN
TAL-DISCIPLINE PRIVILEGE. [Cases: Parent and Child
parental-responsibility statute. (1956) 1. A law imposing
criminal sanctions (such as fines) on parents whose
minor children commit crimes as a result ofthe parents'
failure to exercise sufficient control over them. -Also
termed control-your-kid law. 2. PARE:-.fTAL-LIABILITY
STATUTE. [Cases: Parent and Child (';:::;> 13.5(2,4).]
parental rights. (18c) A parent's rights to make all deci
sions concerning his or her child, including the right
to determine the child's care and custody, the right
to educate and discipline the child, and the right to
control the child's earnings and property. See TERMI
NATION OF PARENTAL RIGHTS. [Cases: Parent and Child
parental-rights doctrine. See PARENTAL-PREFERENCE
DOCTRINE.
parental-superior-rights doctrine. See PAREKTAL-PREF
ERENCE DOCTRINE.
parent application. See PATENT APPLICATION.
parent by estoppel. See PARENT.
parent-child immunity. Seeparental immunity (1) under
IMMUNITY (2).
parent-child relationship. See RELATIONSHIP.
parent committee. See COMMITTEE.
parent company. See parent corporation under CORPO
RATION.
parent corporation. See CORPORATION. parentela (par-an-tee-la), n. pl. [Law Latin] (15c) Persons
who can trace descent from a common ancestor.
parentelic method (par-an-tee-lik or -tel-ik). (1935) A
scheme ofcomputation used to determine the paternal
or maternal collaterals entitled to inherit when a child
less intestate decedent is not survived by parents or
their issue. Under this method, the estate passes to
grandparents and their issue; ifthere are none, to great
grandparents and their issue; and so on down each line
until an heir is found. The Uniform Probate Code uses
a limited parentelic system


; and so on down each line
until an heir is found. The Uniform Probate Code uses
a limited parentelic system: it looks first to the grand
parents and their issue, but if no heir is found in that
line, the search ends and the estate escheats to the state.
See DEGREE (5). Cf. GRADUAL METHOD.
parent filing date. See effective filing date under DATE.
parenticide (pa-ren-t<l-sId). (17c) 1. The act ofmurder
ing one's parent. 2. A person who murders his or her
parent. parenticidal, adj.
parenting, n. 1. Performance ofthe functions ofa parent.
2. One or more methods ofchild-rearing.
parallel parenting. A situation in which divorced
parents, although disagreeing on some aspects of
child-rearing, allow each other to handle diScipline
and daily regimens in their own individual ways
when with the child.
shared parenting. Cooperation between divorced
parents in child-rearing. [Cases: Child Custody
120-155.]
parenting agreement. See PARENTING PLAN.
parenting function. A task that serves the direct or day
to-day needs ofa child or ofa child's family . Parent
ing functions include providing necessaries, making
decisions about the child's welfare, and maintaining the
family residence. Cf. CARETAKING FUNCTIONS.
parenting plan. A plan that allocates custodial respon
sibility and decision-making authority for what serves
the child's best interests and that provides a mechanism
for resolving any later disputes between parents. -Also
termed parenting agreement. See CUSTODY (2); CUSTO
DIAL RESPONSIBILITY; DECISIO:-.f-MAKING RESPONSIBIL
ITY. [Cases: Child Custody (';:::;>209.]
parenting time. See VISITATION.
parent-subsidiaryfreezeout. See FREEZEOUT.
pares curiae (par-eez kyoor-ee-ee). [Law Latin "peers of
the court"] Hist. A lord's tenants who sat in judgment
ofa fellow tenant.
pares curtis (par-eez k::Jr-tis). [Law Latin] Hist. The peers
ofthe court. -Also termed pares curiae.
'The lord was, in early times, the legislator and judge over
all his feudatories: and therefore the vassals of the inferior
lords were bound by their fealty to attend their domestic
courts baron, (which were instituted in every manor or
barony. for doing speedy and effectual justice to all the
tenants) in order as well to answer such complaints as
might be alleged against themselves, as to form ajury or
homage for the trial of their fellow-tenants; and upon this
account, in all the feodal institutions both here and on
the continent, they are distinguished by the appellation

1225
of the peers of the court; pares curtis, or pares curiae." 2
William Blackstone, Commentaries on the Laws ofEng/and
54 (1766).
pares regni (par-eez reg-nIl. [Law Latin] Hist. Peers of
the realm.
Pareto optimality (pd-ray-toh or pa-ret-oh), n. An
economic situation in which no person can be made
better off without making someone else worse off .
The term derives from the work of Vilfredo Pareto
(l848-1923), an Italian economist and sociologist.
Pareto-optimal, adj.
Pareto superiority, n. An economic situation in which
an exchange can be made that benefits someone and
injures no one . When such an exchange can no longer
be made, the situation becomes one ofPareto optimal
ity. Pareto-superior, adj.
pari causa, in. See IN PARI CAUSA.
pari delicto, in. See IN PARI DELICTO.
paries communis (pair-ee-eez ka-myoo-nis). [Latin] A
common wall; a party wall.
paries oneri ferenda, uti nunc est, ita sit (pair-ee-eez
on-dr-I fa-ren-doh, yoo-tl n<lngk est, I-td sit). [Latini
Roman law. The wall for bearing the burden, as it now
is, so let it be . The phrase constituted the urban ser
vitude oneris ferendi. See ONERIS FERENDI; JUS ONERIS
FERENDI; servitus oneris ferendi under SERVITUS.
pari materia, in. See IN PARI MATERIA.
parimutuel betting (par-i-myoo-choo-al). A system of
gambling in which bets placed on a race are pooled and
then paid (less a management fee and taxes) to those
holding winning tickets. [Cases: Gaming C=6.]
pari passu (pahr-ee pahs-oo or pair-I, pair-ee, or par-ee
pas-[yJoo). [Latin by equal step"] Proportionally; at an
equal pace; without preference <creditors of a bankrupt
estate will receive distributions pari passu>.
pari ratione (pair-I ray-shee-oh-nee or rash-ee-oh-nee).
[Latin] Roman & civil law. For the like reason; by like
mode of reasoning.
Paris Additional Act. Copyright. An 1896 amendment to
the Berne Convention extending copyright protection
to photographs as derivative works.
Paris Convention. See PARIS CONVENTION FOR THE PRO
TECTION OF INDUSTRIAL PROPERTY.
Paris Convention for the Protection of Industrial
Property. A treaty designed to unify and streamline
patent prosecutions and trademark applications among
the signatories. The Convention eased the harsh
effects of the first-to-file priority rule by allowing an
applicant in any member country one year in which to
apply in other member countries while maintaining
the application's original priority date. It also banned
patent-protection discrimination against residents
of other member nations. Now administered bv the
World Intellectual Property Organization, an agency
ofthe United Nations, the Convention was first signed
in 1883, revised most recently in 1967, and amended parliament
in 1970. -Also termed Paris Industrial Property Con
vention. -Often shortened to Paris Convention.
"The 1883 Paris Convention for the Protection of Indus
trial Property is the cornerstone of the international patent
granting system_ It represents the first efforts of several
countries to adopt a common approach to industrial
property. The fundamental principles of 'right of priority'
and 'national treatment' set out by the Convention have
been of capital importance to the internationalization of
intellectual property rights over the last century." Marta
Pertegas Sender, Cross-Border Enforcement of Patent Rights
4 (2002).
parish. (14c) 1. In Louisiana, a governmental subdivi
sion analogous to a county in other U.S. states. [Cases:
Counties C=1.] 2. Eccles. law. A division ofa town or
district, subject to the ministry of one pastor.
district parish. Eccles. law. A geographical division of
an English parish made by the Crown's commission
ers for the building of new churches for worship, cel
ebration ofmarriages, christenings, and burials.
parish court. See county court under COURT.
Paris Industrial Property Convention. See PARIS
CONVENTIO:-.l FOR THE PROTECTION OF INDUSTRIAL
PROPERTY.
par item. See ITEM.
parium judicium (pairee-;lIn joo-dish-ee-am). [Law
Latin] The judgment of peers; trial by a jury of one's
peers or equals.
Parker doctrine. See STATE-ACTION DOCTRINE.
parking. (1983) 1. The sale of securities subject to an
agreement that the seller will buy them back at a later
time for a similar price . Parking is illegal if done to
circumvent securities regulations or tax laws. It is often
a method of evading the net-capital requirements of
the National Association of Securities Dealers (NASD),
which requires a brokerage firm to discount the value
of any stock it holds in its own account when it files
its monthly report about its net-capital condition. To
reach technical compliance with the NASD's net-cap
ital requirements, a brokerage firm "sells" stock from
its own account to a customer at market price, thereby
avoiding the discount for reporting purposes. Having
filed its report, it can then "buy" the shares back from
the customer, usu. at the same price at which it "sold"
the stock, plus interest. [Cases: Securities Regulation
C=40.l4.] 2. The placement of assets in a safe, short
term investment while other investment opportuni
ties are being considered. -Also termed (in sense 1)
stock-parking.
parking-lot rule. The principle that workers'-com
pensation insurance covers the injuries suffered by
an employee on the employer's premises when the
employee is arriving at or leaving work. Also termed
premises rule. [Cases: Workers' Compensation
750.J
parliament. (l2c) The supreme legislative body of some
nations; esp. (cap.), in the United Kingdom, the national
legislature consisting of the monarch, the House of
Lords, and the House of Commons.

1226 parliamentarian
parliamentarian. (17c) Parliamentary law. A consultant
trained in parliamentary law who advises the chair and
others on matters ofparliamentary law and procedure.
 The parliamentarian, who is often a professional, only
advises and never "rules" on procedural issues. Seepar
liamentary law under PARLIAMENTARY (2); parliamen
tary procedure under PARLIAMENTARY (2).
''The parliamentarian is a consultant, commonly a pro
fessional, who advises the president and other officers,
committees, and members on matters of parliamentary
procedure. The parliamentarian's role during a meeting is
purely an advisory and consultative one -since parliamen
tary law gives to the chair alone the power to rule on ques
tions of order or to answer parliamentary inquiries....
After the parliamentarian has expressed an opinion on a
point, the chair has the duty to make the final ruling and,
in doing so, has the right to follow the advice of the par
liamentarian or to disregard it." Henry M. Robert, Robert's
Rules of Order Newly Revised  47, at 449-50 (10th ed.
2002).
parliamentary, adj. (17c) 1. Of or relating to a parlia
ment. 2. Parliamentary law. Of or relating to rules of
order for the conduct ofbusiness in deliberative assem
blies.
parliamentary authority. A parliamentary manual that
an organization has adopted for its deliberations, and
whose provisions govern the organization in every case
to which they apply, as long as they are consistent with
law and with the organization's governing documents.
See PARLIAMENTARY MANUAL.
parliamentary diplomacy. See DIPLOMACY.
parliamentary divorce. See legislative divorce under
DIVORCE.
parliamentary inquiry. See INQUIRY.
parliamentary intent. See LEGISLATIVE INTENT.
parliamentary law. The body of rules and precedents
governing the proceedings of legislative bodies and
other deliberative assemblies. -Also termed parlia
mentary procedure. [Cases: Parliamentary Law C=1.]
"Thomas Jefferson speaks of 'the Parliamentary branch
of the law.' From this country's beginning, it has been an
underlying assumption of our culture that what has been
authoritatively established as parliamentary law is law -in
the sense of being binding within all assemblies except as
they may adopt special rules varying from the general par
liamentary law." Henry M. Robert, Robert's Rules ofOrder
Newly Revised xxvi (10th ed. 2000).
"Parliamentary law differs somewhat from the other
branches of common law in that it is based in an impor
tant measure upon precedents of legislative and admin
istrative bodies. Particularly in America, however, where
the courts have the power to make final decisions on all
constitutional questions, the law has been evolving upon
the basis of court deCisions, and a considerable volume
of judicial precedents has accumulated. The application
of parliamentary rules to new situations is subject to the
same rules of reasoning as the application of established
common law rules to new legal situations." National Confer
ence of State Legislatures, Mason's Manual of Legislative
Procedure  44, at 40-41 (2000).
common parliamentary law. 1. See general parliamen
tary law. 2. The common law as applied to parliamen
tary law; parliamentary law as it is found in judicial
decisions. general parliamentary law. The basic principles and
practices ofparliamentary law, as commonly under
stood among a meeting's members based on their
experience in other deliberative assemblies, that
apply in the absence of adopted rules of order. A
parliamentary manual is evidence ofthe general par
liamentary law. -Also termed common parliamen
tary law.
"A deliberative assembly that has not adopted any rules is
commonly understood to hold itself bound by the rules and
customs of the general parliamentary law -or common
parliamentary law . .. -to the extent that there is agree
ment in the meeting body as to what these rules and prac
tices are." Henry M. Robert, Robert's Rules ofOrder Newly
Revised  1, at 3 (10th ed. 2000).
parliamentary manual. A code or reference, usu. a com
mercially published book, that contains parliamentary
rules and is offered for adoption by organizations as
their parliamentary authority . The leading parliamen
tary manuals in print in the United States are Robert's
Rules ofOrder Newly Revised for nonlegislative bodies,
and Mason's Manual ofLegislative Procedure for state
legislatures. Cf. PARLIAMENTARY AUTHORITY.
parliamentary motion. See MOTION (2).
parliamentary practice. See PARLIAMENTARY PROCE
DURE.
parliamentary privilege. See PRIVILEGE (1).
parliamentary procedure. 1. PARLIAMENTARY LAW. 2.
Parliamentary law as applied in a particular organiza
tion, including the parliamentary authority and other
rules that the organization adopts. -Also termed par
liamentary practice.
parliamentary will. See WILL