a life tenant, and the owner
ofthe property burdened is known as the naked owner.
La. Civ. Code art. 535. Also termed perfect usufruct;
usufructus; (in Scots law) liferent. Cf. HABITATION (J).
[Cases: Estates in Property (;=1.]
"Usufructus is .. the right of using and enjoying property
belonging to another provided the substance of the
property remained unimpaired. More exactly, a usufruct
was the right granted to a man personally to use and enjoy,
usually for his life ... the property of another which, when
the usufruct ended, was to revert intact to the dominus
or his heir. It might be for a term of years, but even here
it was ended by death, and in the case of a corporation
(which never dies) Justinian fixed the period at 100 years.
A usufruct might be in land or bUildings, a slave or beast
of burden, and in fact in anything except things which
were destroyed by use ... , the reason, of course, being
that it was impossible to restore such things at the end of
the usufruct intact ...." R.W. Leage, Roman Private Law
181-82 (C.H. Ziegler ed., 2d ed. 1930).
legal usufruct. A usufruct established by operation of
law, such as the right ofa surviving spouse to property
owned by the deceased spouse. La. Civ. Code art.
890. [Cases: Executors and Administrators (;=176;
Husband and Wife (;=273(2); Wills (;= 11.]
quasi-usufruct. l. A right to use property that cannot
be used without being expended or consumed, such
as money or food. Unlike an ordinary usufruct, a
quasi-usufruct actually involves alteration and dimi
nution ofthe property used. -Also termed imperfect
usufruct. 2. Louisiana law. A usufruct over consum
able things, such as money or harvested crops, the
value ofwhich must be delivered to the naked owner
at the end ofthe usufruct's term. La. Civ. Code art.
538. The usufructuary has the right to consume
or alienate the consumables and, at the end ofthe
usufruct, to deliver to the naked owner either the
value that the things had when the usufruct began
or things of the same quantity and quality. [Cases:
Executors and Administrators (;=>176.J
"The Roman jurists, therefore, would not acknowledge a
usufruct of money; though, in their desire to carry out
the wishes of testators, they came at length to recognize
a quasiusufruct. For testators, being seldom learned in
the law, would often set forth as legacies in their wills the
usufruct of a designated sum .... In such a case the person
named as legatee was allowed to receive the amount ..
on giving security that when he died the same amount
should be paid out of his own estate to the heres, the heir
of the testator. The relation here, though bearing some
resemblance to the usufruct, was really quite different; the
person who received the money became absolute owner of
it; the heir had no ownership, nothing but the assurance
of receiving an equal amount at some future time:James
Hadley, Introduction to Roman Law 193 (1881).
usufructuary (yoo-zd-frak-choo-er-ee), adj. Roman &
civil law. Ofor relating to a usufruct; of the nature of
a usufruct.

1685
usufructuary, n. Roman & civil law. One having the right
to a usufruct; specif., a person who has the right to the
benefits of another's property; a life-renter. [Cases:
Estates in Property (;:::::> 1.]
usufructus. See USUFRUCT.
usura (yoo-s[y]oor-a oryoo-z[y]oor-a). [Latin] Civil law.
1. 1be amount paid for the use of money; interest. 2.
USURY. Pl. usurae (yoo-s[yJoor-ee).
usurae centesimae (yoo-s[yJoor-ee [oryoo-z[y]oor-eel
sen-tes-a-mee). [Latin] Interest at the rate of 12% per
year (1% per month), usu. the highest rate allowed by
law. -The Romans calculated interest rates by dividing
the principal sum into one hundred parts, with one
part being payable monthly as interest.
usura manifesta (yoo-s[y]oor-a [oryoo-z[y]oor-a] man
a-fes-ta). [Latin] Manifest or open usury. Cf. USURA
VELATA.
usura maritima (yoo-s[y]oor-a [or yoo-z[y)oor-a]
ma-rit-a-ma). [Latin] Interest taken on a bottomry or
respondentia bond, proportioned to the risk and so not
restricted by any usury laws.
usurarius (yoo-s(y]a-rair-ee-as or yoo-z[y]<l-). [Law
Latin) Hist. A usurer.
usura velata (yoo-s[y]oor-a [oryoo-z[y]oor-a] va-Iay-ta).
[Latin] Veiled or concealed usury. _ A creditor was
guilty of usura velata when the creditor added unlaw
fully high interest to the principal sum as ifthe interest
amount were part ofthe original loan. Cf. UBI ABERAT
ANIMUS FOENERANDII; USURA MANIFESTA.
usurious (yoo-z[y]oor-ee-as or yoo-zhuu-ree-as), adj.
(17c) 1. Practicing usury <a usurious lender>. 2. Char
acterized by usury <a usurious contract>. [Cases: Usury
10-42.]
usurpatio (yoo-sClr-pay-shee-oh), n. [Latin] Roman law.
The interruption of usucaption by reason of loss of
physical possession or a lawsuit by the true legal owner.
PI. usurpationes (yoo-sClr-pay-shee-oh-neez).
usurpation (yoo-sar-pay-shan or yoo-zar-pay-sh<ln), n.
(14c) The unlawful seizure and assumption ofanother's
position, office, or authority. [Cases: Officers and Public
Employees (;:::::>86.] usurp (yoo-s3rp or yoo-zarp),
vb.
usurpation ofadvowson (ad-vow-zan). Hist. An injury
consisting in the absolute ouster or dispossession of
the patron from the advowson. -This happens when
a stranger, without the right to do so, presents a clerk
who is installed in office. See ADVOWSON.
usury (yoo-zh<l-ree), n. (14c) 1. Historically, the lending
of money with interest. 2. Today, the charging of an
illegal rate ofinterest as a condition to lending money.
3. An illegally high rate of interest. Also termed
illegal interest; unlawful interest. (Cases: Banks and
Banking (;=:c 181; Building and Loan Associations
33; Usury -usurer (yoo-zh<lr-<lr), n.
usury law. A law prohibiting moneylenders from
charging illegally high interest rates. (Cases: Usury
(;:::::> 1.] utilis
usus (yoo-sas or yoo-zas), n. [Latin "use"] Roman law.
1. The right to use another's property, without the
right to receive or retain the benefits or fruits (fructus)
produced by the property, -Usus was a personal servi
tude; it gave the holder a right in rem. Cf. USUFRUCT.
"It is essentially a fraction of a usufruct, usus Without the
fructus. In strictness, there was no right to any fruits but
this was somewhat relaxed in practice. The usuary of a
house might consume the fruits of the gardens in his
household, but he might not sell them, as a usufructuary
might." W.W. Buckland, A Manual of Roman Private Law
165 (2d ed. 1953).
2. 'The factual possession required for usucapio. 3. Lapse
oftime by which a wife was brought into the husband's
family and under his marital power. See MANUS (1). Cf.
COEMPTIO; CONFARREATIO.
"Usus is the acquisition of [power over] a Wife by possession
and bears the same relation to coemptio as usucapion to
a mancipation. A Roman citizen who bought some object
of property and got possession of it, but not ownership,
because he neglected to go through the mancipation pre
scribed by jus civile, might nevertheless become owner
by u5ucapion, i.e. lapse of time; thus if the object was a
movable, continuous posseSSion for one year made him
dominus. In like manner, if a man lived with a woman whom
he treated as his Wife, but whom he had not married by
coemptio (or confarreatio), and the cohabitation lasted
without interruption for a year, then at the end of that
period the man acquired [power over] the woman as his
wife, she passed to him in manum . ..." RW. Leage, Roman
Private Law 100 (C.H. Ziegler ed., 2d ed. 1930).
usus bellici (YOO-S<lS [or -Z<lS] bel-;)-sI). [Latin] Int'llaw.
Warlike objects or uses. -This phrase refers to items
that, while not inherently ofa military nature, are con
sidered contraband because they are used by a belliger
ent to support its war effort.
Usus Feudorum (yoo-S<lS [or -zas] fyoo-dor-am). See
FEUDORUM LIBRI.
ut currere solebat (<It kar-ar-ee sa-lee-bat). [Latin] As
it was wont to run. _ This referred to the course of a
stream.
ut de feodo (at dee fee-a-doh or fyoo-doh). [Law Latin]
As offee.
uterine (yoo-t<lr-in), adj. Born of the same mother but
haVing different biological fathers.
uterine brother. See BROTHER.
uterine sister. See SISTER.
uterque (yoo-t3r-kwee). [Latin] Each of two; both (con
sidered separately).
uterque nostrum (yoo-tram-kwee nos-tram). See
UTRUMQUE NOSTRUM.
utfangthief (at-fang-theef). See OUTFANGTHIEF.
ut hospites (<It hos-pa-teez). [Latin] As guests.
uti (yoo-tI), vb. [Latin] Civil law. To use.
utifrui (yoo-tI froO-I). [Latin] Civil law. To have the full
use and enjoyment ofa thing, without damage to its
substance.
utitis (yoo-ta-lis), adj. [Latin] Civil law. Useful; benefi
cial; equitable. -This word appeared in phrases such as

1686 utilitarian-deterrence theory
actio uti/is (ak-shee-oh yoo-t<l-lis), meaning "equitable
action."
utilitarian-deterrence theory. (1983) The legal theory
that a person should be punished only if the punish
ment benefits society that is, only if the punish
ment would help to deter future harmful conduct. See
hedonistic utilitarianism under UTILITARIANISM. Cf.
RETRIBUTIVlSM.
utilitarianism. (1827) The philosophical and economic
doctrine that the best social policy is that which does
the most good for the greatest number ofpeople; esp., an
ethical theory that judges the rightness or wrongness of
actions according to the pleasure they create or the pain
they inflict and recommends whatever action creates
the greatest good for the greatest number of people.
This is a type of consequentialism. For example, utili
tarianism analyzes intellectual-property rights from
the point ofview ofsociety rather than the individual
inventor, author, or artist, and justifies the rights as
an incentive for social and technological progress. See
CONSEQUENTIALISM. Cf. LOCKEAN LABOR THEORY;
PERSONALITY THEORY. utilitarian, adj. & n.
hedonistic utilitarianism. (1943) The theory that the
validity ofa law should be measured by determining
the extent to which it promotes the greatest happi
ness to the greatest number ofcitizens. This theory
is found most prominently in the work of Jeremy
Bentham, whose "Benthamite utilitarianism" greatly
influenced legal reform in nineteenth-century Britain.
Hedonistic utilitarianism generally maintains that
pleasure is intrinsically good and pain intrinSically
bad. Therefore, inflicting pain on an individual, as
by punishing a criminal, is justified only if it results
in a net increase of pleasure for society by deterring
future harmful behavior. Also termed Benthamism.
See utilitarian-deterrence theory; BENTHAMITE. Cf.
RETRIBUTIVISM.
utiliter et equivalenter (yoo-til-<l-t<lr et i-kwiv-<l-len-tdr).
[Law Latin] Rist. Duly and with equal effect.
utiliter impensum (yoo-til-<l-tdr im-pen-sdm). [Latin]
Hist. Usefully expended.
utility. (14c) 1.1he quality ofserving some function that
benefits society; meritoriousness. 2. Patents. Capacity
to perform a function or attain a result for which the
patent applicant or holder claims protection as intel
lectual property. In patent law, utility is one ofthe
three basic requirements of patentability, the others
being nonobviousness and novelty. In the calculation of
damages for patent infringement, utility is the benefit
or advantage of the patented product or process over
the products or processes, if any, that previously had
been used to produce similar results. [Cases: Patents
C=47.]
"[Tlhe utility requirement does not mandate that the inven
tion be superior to


Patents
C=47.]
"[Tlhe utility requirement does not mandate that the inven
tion be superior to existing products and processes in
order to qualify for a patent. The utility standard reflects
the judgment that society is better served by access to a
library of issued patents describing as many inventions
as possible, even if many of them do not achieve better
results than public domain technology. This liberal view of utility allows subsequent inventors access to a greater
variety of previous technologies, some of which may yet
be judged the superior solution when employed within a
different context." Roger E. Schechter & John R. Thomas,
Intellectual Property  15.1, at 316 (2003).
3. A business enterprise that performs an essential
public service and that is subject to governmental reg
ulation.
public utility. (1895) 1. A company that provides neces
sary services to the public, such as telephone lines and
service, electricity, and water.  Most utilities operate
as monopolies but are subject to governmental regu
lation. [Cases: Public Utilities (,'=' 101.] 2. A person,
corporation, or other association that carries on an
enterprise for the accommodation of the public, the
members ofwhich are entitled as a matter ofright to
use the enterprises's facilities.
utility fund. See MUTUAL FUND.
utility model. Patents. A system of patent registration
giving patent-like rights in some countries, usu. for a
shorter term than a patent but with little or no search
required. Utility-model registration is not available
in the U.S. or Great Britain, but is offered in Japan and
many European countries, including Germany and
France. They are available for machines only, and not
for chemicals. Also termed petty patent; second-tier
patent; small invention.
utility patent. See PATENT (3).
uti mos est infeudifirmis (yoo-tI mahs est in fyoo-di
far-mis). [Law Latin] Scots law. As is the custom in feu
holdings.
ut infra (dt in-frd also uut). [Latin] Rist. As below.
uti possidetis (yoo-tI pah-si-dee-tis). [l.atin] 1. lnt'l
law. The doctrine that the administrative boundaries
will become international boundaries when a politi
cal subdivision or colony achieves independence. 2.
Roman law. An interdict ordering each party to a
lawsuit to maintain the possession of real property as
it stands pending an official decision on who owns the
property. Cf. UTRUBI. 3. The doctrine that personal
property captured during wartime and still held by
the captor when the war ends becomes the captor's
legal property.
'The restoration of peace put an end ... to all force, and
then the general principle applied, that things acquired in
war remain, as to title and possession, precisely as they
stood when the peace took place. The uti possetidis is
the basis of every treaty of peace, unless it be otherwise
agreed. Peace gives a final and perfect title to captures
without condemnation; and as it forbids all force, it
destroys all hopes of recovery as much as if the vessel
was carried infra presidia, and condemned." James Kent,
1 Commentaries on American Law *173 (George Comstock
ed., 11th ed. 1866).
uti rogas (yoo-tI rob-gas or [Latin] Roman law.
As you ask.  This phrase was inscribed on a ballot to
indicate a vote in favor ofa bill or candidate. Abbr.
u.r.

1687
utitur jure auctoris (yoo-ti-taf joor-ee awk-tor-is).
[Latin] His!. He exercises the right of his predecessor
in title.
utiturjure communi (yoo-ti-tar joor-ee b-myoo-m).
[Latin] Hist. He relies on the common law.
utitur jure privata (yoo-ti-tar joor-ee prr-vay-toh).
[Latin] Hist. He relies on his own private right.
utitur jure suo (yoo-ti-tar joor-ee s[yJoo-oh). [LatinJ
Hist. He exercises his own right.
"The exercise of rights of property on the part of a pro
prietor ... cannot be interfered with, even where they are
injurious in their effects to the adjoining property. In such
case the proprietor is only doing that which he has a right
to do, utituyjuye suo." John Trayner, Trayney's Latin Maxims
618-19 (4th ed. 1894).
utlagare (<It-Iag-a-ree or at-la-gair-ee), vb. [Law Latin]
lIist. To put (an offender) outside the protection ofthe
law. Cf. INLAGARE; OUTLAWRY (2).
utlagation (at-Ia-gay-shan), n. [Law Latin] Hist. 1he act
ofplacing an offender outside the protection of the law;
outlawry. Also termed utlagatio. Cf. INLAGATION;
OUTLAWRY (2).
utlagatus (at-Ia-gay-tas), n. [Latin] Hist. An outlawed
person; an outlaw.
utlage (at-Iahzh or -lij), n. [Law French] An outlaw.
utlagb (<It-Iaw). [Old English] lUst. A person outside the
protection ofthe law; an outlaw.
utland (at-hmd) [Old English] Hist. The outer portion of
a lord's demesne, used to support the lord's tenants.
Also termed delantal (di-Ian-tal). Cf. INLAND (2).
utIesse. Hist. A felon's escape from prison.
UTMA. abbr. UNIFORM TRANSFERS TO MINORS ACT.
utmost care. See great care under CARE.
ut nihil illi desit (<1t m-hil ii-I dee-sit). [Latin] Hist. That
nothing may be wanting to him.
UTPCPL. abbr. UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW.
ut prosint ad veritatem indagandam (at prob-sint ad
ver-a-tay-tam in-d;:l-gan-dam). [Law Latin] Hist. That
they be ofservice for investigating the truth.
ut res magis valeat quam pereat (rays [or reez or rez]
may-jis yay-lee-at kwam peer-ee-at). [Latin "to give
effect to the matter rather than having it fail "J A maxim
of document construction applied when alternative
readings are possible, one ofwhich (usu. the broader
reading) would achieve the manifest purpose of the
document and the other of which (usu. the narrower
reading) would reduce the document's purpose to uxoricide
futility or absurdity, whereby the interpreter chooses
the construction that gives greater effect to the docu
ment's primary purpose.
ut res valeat potius quam pereat (at rays [or reez or rez)
yay-lee-at pob-shee-as kwam peer-ee-at). [Latin] Hist.
That the thing may avail rather than perish; that the
transaction may be valid rather than invalid.
utrubi (<It-ra-bI), n. [Latin] Roman law. An interdict for
maintaining the status quo of possession of movable
property pending a ruling to determine the property's
rightful owner . In Roman law, this interdict gave pos
session ofmovable property to the party who had held
the property longer during the previous year. Justinian
applied the rule of uti possidetis to movables. Cf. UTI
POSSIDETIS (2).
utrumque nostrum (yoo-tr<lm-kwee nos-tr<lm). [Latin]
Each of us. This phrase usu. appeared in bonds. The
accusative form is uterque nostrum.
UTSA. abbr. UNIFORM TRADE SECRETS ACT.
ut supra (<1t s[y]oo-pr<l also uut). [Latin] Hist. As above.
utter, adj. (ISc) Complete; absolute; total <an utter
denial>.
utter, vb. (ISc) I. To say, express, or publish <don't utter
another word until your attorney is present>. 2. To put
or send (a document) into circulation; esp., to circulate
(a forged note) as if genuine <she uttered a counterfeit
$50 bill at the grocery store>. [Cases: Counterfeiting
(;.=9; False Pretenses G-=>6; Forgery C:::> 16.] utter
ance (for sense 1), uttering (for sense 2), n.
utter bar. See OUTER BAR.
utter barrister. See outer barrister under BARRISTER.
uttering. (I8c) The crime ofpresenting a false or worth
less instrument with the intent to harm or defraud.
Also termed uttering a forged instrument. See FORGERY.
[Cases: Counterfeiting C:::>9; False Pretenses G-=>6;
Forgery
ut voluntas testatoris sortiatur effectum (<1t va-l:m-tas
tes-ta-tor-is sor-shee-ay-t<1r i-fek-t<1m). [Latin] Hist.
That the will ofthe testator may be effectuated.
uxor (ak-sor), n. [Latin] Wife. Abbr. ux. See ET UXOR.
Cf. VIR.
uxore rapta etabducta (ak-sor-ee [also ag-zor-ee] rap-t<l
et ab-dak-t<l). See DE UXORE RAPTA ET ABDUCTA.
uxorial (ak-sor-ee-al or ag-zor-), adj. Of, relating to, or
characteristic ofa wife <uxorial property>.
uxoricide (ak-sOr-<1-SId or ag-zor-), n. (I8c) 1. The murder
ofone's wife. 2. A man who murders his wife. Cf. MAR
ITICIDE. uxoricidal, adj.

v. abbr. l. VERSUS. -Also abbreviated vs. 2. Volume.
Also abbreviated vol. 3. Verb. Also abbreviated vb.
4. (cap.) Victoria -the Queen of England from 1837
to 1901. 5. Vide .  This Latin term, meaning " is
used in phrases such as quod vide ("which see," abbre
viated q.v.). 6. Voce (voh-see). This Latin term means
Hvoice,H
VA. abbr. DEPARTMENT OF VETERANS AFFAIRS.
vacancy, n. l. The state or fact of a lack ofoccupancy in
an office, post, or piece ofproperty. [Cases: Officers and
Public Employees C=55.] 2. The time during which
an office, post, or piece of property is not occupied. 3.
An unoccupied office, post, or piece of property; an
empty place. Although the term sometimes refers
to an office or post that is temporarily filled, the more
usual reference is to an office or post that is unfilled
even temporarily. An officer's misconduct does not
create a vacancy even ifa suspension occurs; a vacancy,
properly speaking, does not occur until the officer is
officially removed.
vacancy clause. Insurance. A special indorsement
allowing premises to be unoccupied beyond the period
stipulated in the original insurance policy, so that the
insurance remains in effect during policy extensions,
often for a reduced amount. [Cases: Insurance
3049(5).]
vacant, adj. (13c) 1. Empty; unoccupied <a vacant office>.
 Courts have sometimes distinguished vacant from
unoccupied, holding that vacant means completely
empty while unoccupied means not routinely charac
terized by the presence ofhuman beings. 2. Absolutely
free, unclaimed, and unoccupied <vacant land>. 3. (Of
an estate) abandoned; having no heir or claimant.
The term implies either abandonment or nonoccu
pancy for any purpose.
vacantia (va-kan-sh[ee]-a). See bona vacantia under
BONA.
vacantia bona (va-kan-sh[ee]-a boh-n<l). See bona
vacantia under BONA.
vacant succession. See SUCCESSION (2).
vacate, vb. (17c) 1. To nullify or cancel; make void; invali
date <the court vacated the judgment>. Cf. OVERRULE.
2. To surrender occupancy or possession; to move out
or leave <the tenant vacated the premises>.
vacatio (vd-kay-shee-oh). Civil law. Exemption;
immunity; privilege; dispensation.
vacation, n. (15c) 1. The act ofvacating <vacation of the
office> <vacation of the court's order>. 2. The period
between the end ofone term ofcourt and the beginning
ofthe next; the space oftime during which a court holds
no sessions. [Cases: Courts C=69.]  The traditional v
vacations in England were Christmas vacation, begin
ning December 24 and ending January 6; Easter
vacation, beginning Good Friday and ending Easter
Tuesday; Whitsun vacation, beginning on the Saturday
immediately before and ending the 'Tuesday immedi
ately after Whitsunday (Le., Pentecost, the seventh
Sunday after Easter); and the long vacation, beginning
August 13 and ending October 23. 3. Loosely, any time
when a given court is not in session. lCases: Courts
69.]4. Eccles. law. The act or process by which a church
or benefice becomes vacant, as on the death or resigna
tion ofthe incumbent, until a successor is appointed.
Also termed (in sense 4) vacatura.
vacation barrister. See BARRISTER.
vacatur (vd-kay-tar), n. [Law Latin "it is vacated"] (17c) 1.
The act ofannulling or setting aside. 2. A rule or order
by which a proceeding is vacated.
vacatura (vay-ka-t[y]oor-J), n. [Latin] VACATION (4).
vacua possessio (vak-yoo-a pJ-zes[h]-ee-oh). [Latin "a


vacua possessio (vak-yoo-a pJ-zes[h]-ee-oh). [Latin "a
vacant possession"] Roman & civil law. Free and unbur
dened possession, which a seller must convey to a pur
chaser.
vacuus (vak-yoo-as), adj. [Latin] Hist. Empty; void;
vacant; unoccupied.
vades. See VAS.
vadiare duellum (vad-ee-air-ee d[y]oo-el-am), vb. [Law
Latin "to wage the duellum"] Hist. To pledges
mutually for engaging in trial by combat
vadiare legem (vad-ee-air-ee lee-jam), vb. [Law Latin "to
wage law"] Hist. (Of a defendant in a debt action) to give
security to make one's law on a day aSSigned -that is,
the defendant would pledge, upon giving the security,
to do two things on the appointed day in court: (1) take
an oath in open court that the debt was not owed, and
(2) bring 11 compurgators who would swear that they
believed what the defendant said.
vadiatio (vad-ee-ay-shee-oh), n. [Law Latin] Hist. Wager.
Cf. INVADIATIO. PI. vadiationes (vad-ee-ay-shee-oh
neez).
vadiatio duelli (vad-ee-ay-shee-oh d[y]oo-el-l). [Law
Latin "wager of battle"] See TRIAL BY COMBAT.
vadiatio legis (vad-ee-ay-shee-oh lee-jis). [Law Latin
"wager oflaw"] See WAGER OF LAW.
vadimonium (vad-a-moh-nee-am), n. Roman law. 1. A
guarantee (originally backed by sureties) that a litigant
would appear in court. 2. A solemn promise to this
effect. -Also termed vadimony.
vadium (vay-dee-dm), n. [Law Latin "pledge, bail,
security"] Hist. 1. Security by a pledge of property.

1689
vadium mortuum (vay-dee-dm mor-choo-dm). [Law
Latin "dead pledge"] A mortgage. -This was consid
ered a dead pledge" because an estate was given as
security by the borrower, who granted to the lender
the estate in fee, on the condition that if the money
were not repaid at the specified time, the pledged
estate would continue as the lender's it would be
gone from, or "dead" to, the borrower (mortgagor).
Also termed mortuum vadium. See MORTGAGE.
[Cases: Mortgages C=> 1.]
vadium vivum (vay-dee-dm vI-vdm). [Law Latin "live
pledge"] A living pledge, which exists when an estate
is granted by a borrower to a lender until a debt is paid
out ofthe estate's proceeds . The pledge was so called
because neither the money nor the lands were lost; it
was a "living pledge" because the profits of the land
were constantly paying off the debt. -Also termed
vivum vadium; vif-gage.
2. Wages; salary.
vadium ponere (vay-dee-dm poh-nd-ree), vb. Hist. To
take bail for the appearance ofa person in court.
vagabond (vag-d-bond), n. Archaic. A homeless wanderer
without any means or an honest livelihood; VAGRANT.
 This term became archaic over the course of the 20th
century, as vagrants won the right not to be forcibly
removed from cities in such cases as Papachristou v.
City ofJacksonville, 405 U.S. 156,92 S.Ct. 839 (1972).
In the 19808 and 19908, vagabonds came to be known
as street people and homeless people, or the homeless.
Also termed vagabundus (vag-d-b,m-dds).
"[AJII idle persons or vagabonds [are) ... divided into three
classes, idle and disorderly persons, rogues and vagabonds,
and incorrigible rogues; -all these are offenders against
the good order, and blemishes in the government, of any
kingdom. They are therefore all punished ... rogues and
vagabonds with whipping and imprisonment not exceeding
six months ...." 4 William Blackstone, Commentaries on
the Laws of England 170 (1769).
vagabondage (vag-d-bon-dij). 1. The condition of a
vagabond. 2. Vagabonds as a class. Also termed (in
sense 1) vagabondism; (in senses 1 & 2) vagabondry.
vagabundus (vag-d-ban-das). [Law Latin] See
VAGABOND.
vagrancy (vay-gran-see), n. (l7c) 1. ]b.e state or condition
ofwandering from place to place without a home, job,
or means of support.  Vagrancy is generally consid
ered a course of conduct or a manner ofliving, rather
than a single act. But under some statutes, a Single act
has been held sufficient to constitute vagrancy. One
court held, for example, that the act ofprowling about
and creeping up on parked cars and their occupants
at night, under circumstances suggesting an intent
to commit a crime, constitutes vagrancy. See Smith
v. Drew, 26 P.2d 1040 (Wash. 1933). Many state laws
prohibiting vagrancy have been declared unconsti
tutionally vague. Also termed vagrantism. [Cases:
Vagrancy C=> 1.] 2. An instance ofsuch wandering. Cf.
LOITERING.
"Vagrancy is a status resulting from misconduct and in
the form of a socially harmful condition or mode of life va/ens agere
which has been defined and made punishable by law. Until
recently it was a misdemeanor, or group of misdemean
ors, in most states." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 494 (3d ed. 1982).
vagrant, adj. (15c) 1. Of, relating to, or characteristic
of a vagrant; inclined to vagrancy. 2. Nomadically
homeless. [Cases: VagrancyC='1.]
vagrant, n. (ISc) 1. At common law, anyone belonging to
the several classes of idle or disorderly persons, rogues,
and vagabonds. 2. One who, not having a settled habi
tation, strolls from place to place; a homeless, idle
wanderer. -The term often refers to one who spends
time in idleness, lacking any property and without any
visible means ofsupport. Under some statutes, a vagrant
is an offender against or menace to the public peace,
usu.liable to become a public burden. Cf. VAGABOND.
[Cases: VagrancyC=>1.]
vagrantism. See VAGRANCY.
vague, adj. (16c) 1. Imprecise; not sharply outlined;
indistinct; uncertain.
unconstitutionally vague. 1. (Of a penal legislative
provision) so unclear and indefinite as not to give
a person of ordinary intelligence the opportunity
to know what is prohibited, restricted, or reqUired .
[Cases: Criminal Law C=>13.1(1); Statutes 47.J 2. (Of a
statute) impermissibly delegating basic policy matters
to administrators and judges so such a degree as to
lead to arbitrary and discriminatory application.
[Cases: Statutes 47.]
2. (Of language) describing a distribution around a
central norm, as opposed to a neatly bounded class;
broadly indefinite; not clearly or concretely expressed.
3. Characterized by haziness of thought.
vague-and-indefinite rejection. See REJECTION.
vagueness. (18c) 1. vncertain breadth of meaning <the
phrase "within a reasonable time" is plagued by vague
ness -what is reasonable?>. -Though common in
writings generally, vagueness raises due-process
concerns if legislation does not provide fair notice of
what is required, restricted, or prohibited, because
enforcement may become arbitrary. 2. Loosely, ambi
guity. See AMBIGUITY.
vagueness doctrine. (1957) COrlstitutionallaw. The
doctrine based on the Due Process Clause requir
ing that a criminal statute state explicitly and definitely
what acts are prohibited or restricted, so as to provide
fair warning and preclude arbitrary enforcement.
Also termed vOid-for-vagueness doctrine. See void for
vagueness under VOID. Cf. OVERBREADTH DOCTRINE.
[Cases: Constitutional Law C=>4S06.]
valeat quantum (vay-iee-at [or -dt] kwon-tdm). [Law
Latin] Hist. For as much as it is worth.
valens agere (vay-lenz aj-ar-ee). [Law Latin] Hist. Able
to act.
"A person is said to be va/ens ague when, from age and
position, he is able to protect his rights against the invasion
of them by others: against such a person not protecting
his rights prescription runs, while prescription does not

1690 valentia
run against one who is non valens agere." John Trayner,
Trayner's Latin Maxims 621 (4th ed. 1894).
valentia (vd-Ien-shee-d), n. [Law Latin from Latin valere
"to be of value") Hist. Value; worth. -In old indict
ments for larceny, this term often appeared to express
the value of the things taken.
valentia agendi (vd-Ien-shee-d d-jen-dl). [Law Latin)
Hist. The power of acting. See VALENS AGERE.
valere seipsum (vd-Ieer-ee see-ip-sdm). [Law Latin] Hist.
To be of its own value. -The phrase usu. referred to
land.
valid, adj. (l6c) 1. Legally sufficient; binding <a valid
contract>. 2. Meritorious <that is a valid conclusion
based on the facts presented in this case>. validate,
vb. -validation, validity, n.
valid agreement. See valid contract under CONTRACT.
validating statute. See 5TATUTE.
valid contract. See CONTRACT.
validity opinion. See OPINION (2).
validity search. An exhaustive search for prior art or
any other facts that can be used to invalidate a patent.
See BREAKING A PATENT. Cf. INFRINGEMENT SEARCH;
PATENTABILITY SEARCH.
valid judgment. See JUDGMENT.
valid marriage. See MARRIAGE (1).
valid warrant. See WARRA::-.fT (1).
valise diplomatique (vd-Iees di-ploh-ma-teek). See DIP
LOMATIC POUCH.
Vallescura rule. Maritime law. The holding that when a
maritime loss is due to more than one cause, and the
carrier is exempt from liability for at least one of them,
the burden is on the carrier to prove what loss is due
to the exempt cause. -If the carrier fails to prove the
exemption, it is liable for the entire loss. Schnell v. 'fhe
Vallescura, 293 U.S. 296, 55 S.Ct. 194 (1934).
VA loan. See veteran's loan under LOAN.
valor (val-dr), n. [Latin) Hist. Value; worth; rate; a val
uation. -Also spelled (esp. in BrE) valour. See AD
VALOREM.
valor beneficiorum (val-dr ben-~-fish-ee-or-dm). [Law
Latin] Hist. The value ofall ecclesiastical benefices and
spiritual preferments.
valor maritagii (val-df mar-d-tay-jee-r). [Latin] Hist. The
value of a marriage . Under ancient tenures, this was
the amount that a female ward forfeited to a guardian
when the guardian had offered her a marriage without
disparagement (inequality), and she refused. Likewise
in feudal law, the guardian in chivalry had the right of
tendering to a minor ward a suitable match, without
disparagement. If the ward refused, she had to compen
sate the guardian for the value of the marriage (valor
maritagii). -Also termed (in the accusative) valorem
maritagii; (Scots law) avail ofmarriage.
"If an infant ward of a guardian in chivalry refused a match
tendered by the guardian, he or she forfeited the value of the marriage (valorem maritagii) to the guardian; that is,
so much as ajury would assess, or anyone would bona
fide give to the guardian for such an alliance." 2 Alexander
M. Burrill, A Law Dictionary and Glossary 572-73 (2d ed.
1867).
valuable, adj. Worth a good price; having financial or
market value.
valuable consideration. See CONSIDERATION (1).
valuable improvement. See IMPROVEME::-.fT.
valuable papers. Documents that, upon a person's death,
are important in carrying out the decedent's wishes and
in managing the estate's affairs . Examples include
a will, title documents, stock certificates, powers of
attorney, letters to be opened on one's death, and the
like. Some statutes require that, to be effective, a holo
graphic will devising realty must be found among the
decedent's valuable papers.
valuable-papers insurance. See I::-.fSURANCE.
valuation, n. (l6c) 1. The process of determining the
value of a thing or entity. 2. The estimated worth of a
thing or entity. -value, valuate, vb.
assessed valuation. (1825) The value that a taxing
authority gives to property and to which the tax


.
assessed valuation. (1825) The value that a taxing
authority gives to property and to which the tax rate
is applied. [Cases: Taxation C=>2512, 2520.]
special-use valuation. (1976) An executor's option of
valuating real property in an estate, esp. farmland,
based on its current use rather than for its highest
potential value. [Cases: Internal Revenue C=>4183;
Taxation C::;>3350.1
valuation date. See ALTERNATE VALUATION DATE.
valuation list. Hist. An inventory of all the ratable her
editaments in a parish, each item in the inventory
recording the name of the occupier, the owner, the
property, the extent of the property, the gross estimated
rental, and the ratable value. -The list was traditionally
prepared by the overseers of each parish.
value, n. (14c) 1. The significance, desirability, or utility
of something.
social value. The significance, deSirability, or utility of
something to the general public.
2. The monetary worth or price of something; the
amount of goods, services, or money that something
commands in an exchange.
actual cash value. Insurance. 1. Replacement cost
minus normal depreciation. [Cases: Insurance
2181.) 2. Seefair market value.
actual market value. Seefair market value.
actual value. Seefair market value.
agreed value. A property's value that is fixed by agree
ment ofthe parties, esp. the property's owner and the
person or entity valuating the property. _ An example
is a list ofproperty values contained in an insurance
policy. [Cases: Insurance
annual value. 1. The net yearly income derivable from
a given piece ofproperty. 2. One year's rental value of

1691
property, less the costs and expenses ofmaintaining
the property.
assessed value. The value ofan asset as determined by
an appraiser for tax purposes. [Cases: Taxation C=>
2510.]
book value. See BOOK VALUE.
cash surrender value. Insurance. The amount of
money payable when an insurance policy having cash
value, such as a whole-life policy, is redeemed before
maturity or death. -Abbr. CSV. -Also termed sur
render value; cash value. [Cases: Insurance C=>1957,
2037.]
cash value. 1. See fair market value. 2. See full cash
value. 3. See cash surrender value.
clear annual value. The net annual value of property,
after payment of taxes, interest on mortgages, and
other charges.
clear market value. Seefair market value.
clear value. Tax. For purposes of an inheritance tax,
whatever remains of an estate after all claims against
it have been paid. [Cases: Taxation C=>3351.]
commuted value (k;:,-myoo-tid). 1. In the assessment
of damages, the present value of a future interest in
property. 2. 'The value offuture payments when dis
counted to their present value.
enterprise value. A measure of a company's market
value, calculated by aggregating the value of the
company's market capitalization, debt, and preferred
stock, and subtracting cash and cash equivalents.
exchange value. The amount of money for which
property or services could be exchanged or procured
if there is a ready market continually resorted to by
traders -or, in the absence of such a market, the
amount that could be obtained in the usual course
offinding a purchaser or hirer ofsimilar property or
services. [Cases: Evidence C=> 113(20).]
fair market value. (I8c) The price that a seller is willing
to accept and a buyer is willing to pay on the open
market and in an arm's-length transaction; the point
at which supply and demand intersect. Abbr.
FMV. Also termed actual value; actual cash value;
actual market value; cash value; clear market value;
fair and reasonable value;fair cash market value;fair
cash value;fair market price;fair value;full value;just
value; market value; salable value; true value. [Cases:
Taxation C:::>2515.]
"[AI forced sale price is not fair value though it may be used
as evidence on the question of fair value. Likewise, the fair
value of saleable assets is not what they would sell for in
the slow process of the debtor's trade as if the debtor were
continuing business unhampered. The general idea of fair
value is the amount of money the debtor could raise from
its property in a short period of time, but not so short
as to approximate a forced sale, if the debtor operated
as a reasonably prudent and diligent businessman with
his interests in mind, especially a proper concern for the
payment of his debts." David G. Epstein et aI., Bankruptcy
 6-18, at 307 (1993).
fair value. Seefair market value. value
full cash value. Market value for property tax purposes;
estimated value derived by standard appraisal
methods. Also termed cash value. [Cases: Taxation
C=>2515.]
full value. Seefair market value.
future value. The value, at some future time, of a
present sum or a series of monetary payments, cal
culated at a specific interest rate.
going-concern value. The value of a commercial
enterprise's assets or of the enterprise itself as
an active business with future earning power, as
opposed to the liquidation value of the business or
of its assets. -GOing-concern value includes, for
example, goodwill. -Also termed going value. Cf,
GOODWILL.
highest proved value. In a trover action, the greatest
value (as proved by the plaintiff) that the converted
property reached from the time of the conversion
until trial. -It is the highest amount that a plaintiff
is entitled to recover. [Cases: Trover and Conversion
insurable value. See INSURABLE VALUE.
intrinsic value. '!he inherent value ofa thing, without
any special features that might alter its market value.
-The intrinsic value of a silver coin, for example, is
simply the value of the silver within it.
just value. Seefair market value.
liquidation value. 1. The value of a business or of an
asset when it is sold in liqUidation, as opposed to
being sold in the ordinary course of business. 2. See
liqUidation price under PRICE.
market value. Seefair market value.
most-suitable-use value. See optimal-use value.
net value. 1. Insurance. The excess of a policyholder
payments over the yearly cost ofinsurance; the part
ofan insured's annual premium that, according to
actuarial tables, the insurer must set aside to meet
the insurer's obligations to the insured. -Also
termed reserve. [Cases: Insurance C=>2037.] 2. The
fair market value ofshares ofstock. [Cases; Corpora
tions C=> 182.4(5),584.]
new value. 1. A value that is newly given or freshly
calculated. 2. The value obtained by taking a security,
such as collateral, for any debt other than a preexist
ing one.
optimal-use value. Tax. The highest and best use of
a thing from an economic standpoint. -If a farm
would be worth more as a shopping center than as
a farm, the shopping-center value will control even
if the transferee (that is, a donee or heir) continues
to use the property as a farm. Also termed most
suitable-use value. [Cases: Taxation C:::>2515.]
par value. See PAR VALUE.
policy value. See POLICY VALUE.
present value. See PRESENT VALUE.

1692 value-added card
residual value. See salvage value.
salable value. See fair market value.
salvage value. (1917) The value of an asset after it has
become useless to the owner; the amount expected
to be obtained when a fixed asset is disposed ofat the
end of its useful life. -Salvage value is used, under
some depreciation methods, to determine the allow
able tax deduction for depreciation. And under the
UCC, when a buyer ofgoods breaches or repudiates
the contract ofsale, the seller may, under certain cir
cumstances, either complete the manufacture of any
incomplete goods or cease the manufacture and sell
the partial product for scrap or salvage value. UCC
 2-704(2). -Also termed residual value; scrap value.
See DEPRECIATION. [Cases: Sales C:~3S4(6).1
scrap value. See salvage value.
settlement value. The value of a claim if the claimant
settles immediately as opposed to pursuing the claim
further through litigation.
surrender value. See cash surrender value.
true value. See fair market value.
use value. A value established by the utility ofan object
instead of its sale or exchange value.
value received. See VALUE RECEIVED.
3. Sufficient contractual consideration.- value, vb.
valuation, n.
"Value also includes paying or securing a preexisting debt,
and in this regard value is broader than common-law con
sideration. Thus, a debtor receives value in satisfying an
antecedent claim (as by paying an overdue account or an
outstanding loan or by transferring property to vindicate
a preexisting interest in it) or in providing collateral for a
previously unsecured creditor. It makes no difference that
the debtor got nothing new, in terms of property added
to her estate, at the time of the transfer." David G. Epstein
et aI., Bankruptcy  6-49, at 374 (1993).
value-added card. See STORED-VALUE CARD.
value-added model. See LABOR-DESERT MODEL.
value-added tax. See TAX.
value date. The date when the proceeds of a bill of
exchange (e.g., a check) or ofa foreign-exchange trans
action (e.g., a sale ofdollars for euros) become available
for use. Also termed here and there.
valued policy. See INSURANCE POLICY.
valued-policy law. A statute requiring insurance com
panies to pay the full amount of the insurance to the
insured in the event of a total loss, regardless of the
true value ofthe property at the time ofloss. [Cases:
Insurance ~"::>2171.1
value fund. See MUTUAL FUND.
valuer. See APPRAISER.
value received. (17c) Consideration that has been deliv
ered. -This phrase is commonly used in a bill of
exchange or promissory note to show that it was sup
ported by consideration. [Cases: Bills and Notes C=:'
12,40,90,98.] valuta (v;:l-loo-td), n. [Italian fro Latin] Value; worth;
esp., the value of a currency in relation to that of the
currency ofsome other country.
valvasor (valv-d-sor), n. [Law Latin] Hist. A princi
pal vassal who, though not holding directly of the
sovereign, held of those who did so; a vassal of the
second degree or rank. Also spelled valvassor. See
VAVASOR.
VA mortgage. See MORTGAGE.
vandal. [fro Latin Vandalus, a member ofthe Germanic
tribe known as Vandals] (17c) A malicious destroyer
or defacer of works of art, monuments, buildings, or
other property.
vandalism, n. (ISc) 1. Willful or ignorant destruction of
public or private property, esp. ofartistic, architectural,
or literary treasures. 2. The actions or attitudes of one
who maliciously or ignorantly destroys or disfigures
public or private property; active hostility to anything
that is venerable or beautifuL -vandalize, vb. -van
dalistic, adj.
vara (vah-rah)_ Spanish-Am. law. A measure oflength
equal to about 33 inches. -Local usage varies, so that a
vara may sometimes be more and sometimes less than
33 inches. In Mexican land grants, the measure is equal
to 32.9927 inches. The term is often found in old land
grants in states that were formed from land governed
by Spain or Mexico.
variable annuity. See ANNUITY.
variable annuity contract. See CONTRACT.
variable cost. See COST (I).
variable life insurance. See LIFE INSURANCE.
variable rate. See INTEREST RATE.
variable-rate mortgage. See adjustable-rate mortgage
under MORTGAGE.
variance. (I4c) 1. A difference or disparity between two
statements or documents that ought to agree; esp., in
criminal procedure, a difference between the allega
tions in a charging instrument and the proof actually
introduced at trial. Also termed variation. [Cases:
Indictment and Information ~"::>171.]
fatal variance. (I8c) A variance that either deprives
the defendant of fair notice of the charges or exposes
the defendant to the risk ofdouble jeopardy. - A fatal
variance is grounds for reversing a conviction. [Cases:
Indictment and Information C=:' 171.J
immaterial variance. (iSc) A variance too slight
to mislead or prejudice the defendant and is thus
harmless error. [Cases: Indictment and Information
2. A license or official authorization to depart from a
zoning law. Also termed (in sense 2) zoning variance.
See HARDSHIP (4). Cf. SPECIAL EXCEPTION (2); SPE
CIAL-USE PERMIT. [Cases: Zoning and Planning (;='
481-549.]
area 	 variance. A variance permitting deviation
from zoning requirements about construction and

1693 vein
placement, but not from requirements about use.
[Cases: Zoning and Planning (:::::>503.]
use variance. A variance permitting deviation from
zoning requirements about use. lCases: Zoning and
Planning (:::::>481.]
varrantizatio (v~-ran-ti-zay-shee-oh), n. [Law Latin]
Hist. Scots law. A warranty.
vas (vas), n. [Latin "surety"] A pledge, surety, bail


law. A warranty.
vas (vas), n. [Latin "surety"] A pledge, surety, bail; esp.,
in early law, security for a criminal defendant's appear
ance in court. In Roman law under the legis actio
procedure, a vas was a special surety for the defendant if
there was an adjournment in jure. PI. vades (vay-deez).
See IN JURE (2); LEGIS ACTIO.
vassal (vas-eli), n. [fro Law Latin vassallus] Hist. The
grantee of a fief, feud, or fee; a feudal tenant. Cf.
FREEMAN (5).
arriere vassal (a-ree-air vas-dl). Hist. lhe vassal of a
vassal.
vassalage (vas-ell-ij), n. Hist. 1. The state ofbeing a vassal
or feudatorv. Also termed vasseleria. 2. The service
required o(a vassal. Also termed vassaticum; main
rent. 3. lhe territory held by a vassal; a fief or fee. 4.
Vassals collectively. 5. The dominion or authority ofa
feudal superior over vassals. 6. Political servility; sub
jection.
vassalli ligii (vas-~-lr lij-ee-I). [Law Latin] His!. Vassals
holding immediately of the Crown.
vassallo et quibus dederit (vas-el-Ioh et kwib-els dee
ddT-it). [Law Latin] Hist. To the vassal and to whomso
ever he shall have given it.  The phrase was included
in feudal grants.
"If the original grant had been destined to the vassal, 'and
his heirs and assignees whomsoever.' this only bound the
superior to receive the proper hei rs of the vassal and not
his assignee; but if the destination bore ... [vassal] 'et
quibus dederit.' this was construed as a consent on the
part of the superior to alienation, and under which he was
bound to receive as vassal his vassal's disponee. This dis
tinction ... was practically abolished by the Act 20 Geo.
II. c. 50, which introduced a mode by which either an heir
or disponee could force an entry from the superior.' John
Trayner, Trayner's Latin Maxims 622 (4th ed. 1894).
vassallo faciendo superiori quod de jure facere oportet
(vas-a-Ioh fay-shee-en-doh s[y]oo-peer-ee-or-r kwod
dee joor-ee fay-sa-ree d-por-tet). [Law Latin] Hist.
Upon the vassal performing that to the superior which,
according to law, he ought to perform.
vassallus (vas-d-Ids), n. Latin] Hist. A feudal tenant.
Cf. VASSUS.
vassal state. Int'llaw. A state that possesses only those
rights and privileges that have been granted to it by a
more powerful state.
vassaticum (va-sat-a-kam). [Law Latin] See VASSALAGE
(2).
vasseleria (vas-a-Ieer-ee-a). [Law Latin] See VASSALAGE
(1).
vassus (vas-els), n. [Law Latin] Hist. A feudal tenant who
held immediately of the king. Cf. VASSALLUS. vasto. See DE VASTO.
vastum (vas-telm), n. Hist. WASTE.
vastum forestae vel bosci (vas-telm for-es-tee vel
bahs-I). Hist. Waste ofa forest or wood.
VAT. See value-added tax under TAX.
vauderie (vaw-ddr-ee). Hist. Sorcery; witchcraft.
Vaughn index. A comprehensive list of all documents
that the government wants to shield from disclosure
in Freedom ofInformation Act (FOrA) litigation, each
document being accompanied by a statement of jus
tification for nondisclosure . Supported by one or
more affidavits, a Vaughn index has three purposes:
(1) forcing the government to scrutinize all material
withheld; (2) enabling the trial court to fulfill its duty
of ruling on the factual basis of each claimed FOIA
exemption; and (3) enabling the adversary system to
operate by giving the as much information as
possible. 5 USCA  et seq. The name derives from
Vaughn V. Reese, 484 F.2d 820 (D.C. Cir. 1973). [Cases:
Records 62.]
vavasor (vav-a-sor), n. [Law Latin] Hist. The vassal or
tenant ofa baron; one who held under a baron and also
had subtenants. Also spelled vavasour (vav-el-suur).
Cf. VALVASOR.
vavasory (vav-el-sor-ee), n. [fro Law Latin vavasoriaJ Hist.
The lands held by a vavasor.
VAWA. abbr. VIOLENCE AGAINST WOMEN ACT.
Vc. abbr. VICE-CHA;\fCELLOR.
vec. abbr. VICE-CHANCELLOR'S COURT.
v.e. abbr. VENDITIONI EXPONAS.
veal-money. Hist. The annual rent paid by tenants ofthe
manor of Bradford, in the county of Wiltshire, in lieu
ofveal formerly paid in kind.
vectigal (vek-tI-gal), n. Roman & civil law. 1. A tax,
esp. an import or export duty, paid to the state. 2. An
annual ground rent paid in kind or in money. PI. l'ec
tigalia (vek-tel-gay-lee-d).
vectigal judiciarium (vek-tI-gal joo-dish-ee-air-ee-am),
n. A tax or fine to defray the expenses ofmaintaining
courts ofjustice. PI. vectigalia judiciaria.
vedura (vek-t[yJoor-d). Hist. Maritime law. Freight.
veggie-libellaw. Slang. See AGRICULTURAL-DISPARAGE
MENTLAW.
vehicle (vee-a-bl), n. 1. An instrument oftransportation
or conveyance. 2. Any conveyance used in transporting
passengers or things by land, water, or air.
vehicular (vee-hik-Yd-lar), adj. Of, relating to, or caused
by a vehicle or vehicles.
vehicular homicide. See HOMICIDE.
veil-piercing. See PIERCING THE CORPORATE VEIL.
vein, n. Mining law. A continuous body of mineral or
mineralized rock, filling a seam or fissure in the earth's
crust, within defined boundaries that clearly separate
it from surrounding rock.

discovery vein. The primary vein for the purpose of
locating a mining claim. [Cases: Mines and Minerals
(;=e 16,30-33.]
vejour (vd-zhoor), n. [Law French fr. Law Latin visores
"viewers"] Hist. 1. One of several persons sent by the
court to examine a place in question to help in the
decision-making process. 2. A person sent to visit
persons who claim they are unable to appear in court
on account of illness, to see whether they are actually
so sick that they cannot appear or whether they are
malingering. -Also spelled veyor; veyour; vayowr;
veiour; veighor.
velfaciendo vel delinquendo (vel fay-shee-en-doh vel
dee-ling-kwen-doh). [Law Latin] Hist. Either by doing
something or by leaving something undone. The
phrase appeared in reference to what was accomplished
by act or omission.
vel non (vel non). [Latin "or not"] (1895) Or the absence
ofit (or them) <this case turns solely on the finding of
discrimination vel non>.
venal (vee-ndl), adj. (I7c) 1. (Of a person) capable of being
bribed. 2. Ready to sell one's services or influence for
money or other valuable consideration, usu. for base
motives. 3. Of, relating to, or characterized by corrupt
bargaining. 4. Broadly, purchasable; for sale.
vend, vb. (17c) 1. To transfer to another for money or
something else of value. The term is not commonly
applied to real estate, although its derivatives (vendor
and vendee) are. 2. To make an object of trade, esp.
by hawking or peddling. 3. To utter publicly; to say or
state; to publish broadly.
vendee. (16c) A purchaser, usu. ofreal property; a buyer.
[Cases: Vendor and Purchaser (;=e 1.]
vendee's lien. See LIEN.
vendetta (ven-det-d), n. (1855) A private blood feud in
which family members seek revenge on one or more
persons outside the family (often members of another
family); esp., a private war in which the nearest of kin
seek revenge for the slaying ofa relative.
vend. ex. abbr. VENDITIONI EXPONAS.
vendible, adj. Salable; fit or suitable to be sold.
venditae (ven-dd-tee). [fr. Latin vendere "to sell"] Hist. A
tax on things sold in markets and at public fairs.
venditio (ven-dish-ee-oh). [Latin] Roman & civil law. 1.
A sale; VENDITION. 2. A contract ofsale. In this sense,
the term is short for emptio et venditio. See EMPTIO. 3.
Broadly, any contract by which the ownership ofsome
thing may be transferred for value. PI. venditiones.
venditio corporis (ven-dish-ee-oh kor-p'His). A sale of
a specific thing. -Also termed venditio speciei.
venditio generis (ven-dish-ee-oh jen-d-ris). A sale of
goods of a class or general kind.
venditio nominis (ven-dish-ee-oh nom-d-nis). A sale
or conveyance ofa debt.
venditio speciei (ven-dish-ee-oh spee-shee-I). See
venditio corporis. vendition, n. The act of selling; a sale. -Also termed
venditio.
venditioni exponas (ven-dish-ee-oh-m eks-poh-nds).
[Latin "you are to expose for sale"] A writ ofexecution
requiring a sale of particular goods to be made . The
writ is directed to a sheriff who has levied upon goods
under a fieri facias but has reported that the goods
remain unsold for lack of buyers. In some jurisdic
tions, a venditioni exponas is issued to require a sale of
property seized under an earlier writ, after the property
has been condemned or passed upon by inquisition. -
Abbr. vend. ex.; v. [Cases: Execution (;=e217.]
venditor (ven-dd-tdr), n. Hist. See VENDOR.
venditor regis (ven-dd-tdr ree-jis). [Latin] Hist. The king's
seller; esp., the person who sold goods and chattels that
had been seized or distrained to answer a debt due to
the king.
venditrix (ven-dd-triks), n. Hist. A female vendor.
vendor. A seller, usu. of real property. -Also termed
venditor. [Cases: Vendor and Purchaser (;=e 1.]
itinerant vendor. A vendor who travels from place to
place selling goods. [Cases: Licenses (;=e 15(2).]
vendor's lien. See LIEN.
vendue (ven-d[y]oo or ven-d[y]oo). Hist. 1. A sale; esp.,
a sale at public auction. 2. See execution sale under
SALE.
vendue master. Hist. See AUCTIONEER.
venereal disease. See SEXUALLY TRANSMITTED
DISEASE.
venery (ven-d-ree). Archaic. 1. Hunting. 2. Sexual inter
course.
Venetian patent statute. Hist. A law enacted in Venice
in 1474, giving an inventor the exclusive right to make
and use an invention for 10 years. This was the first
known patent law, with procedures for securing and
enforcing the inventor's right to exclude others from
working, using, or benefiting from the invention.
venia (vee-nee-d), n. [Latin] Hist. 1. A penitent's kneeling
or assuming a prostrate position on the ground. 2. A
pardon. 3. The granting of a privilege. PI. veniae.
venia aetatis (vee-nee-d i-tay-tis). Roman & civil law.
A privilege granted by a prince or sovereign by virtue
ofwhich an underage person is entitled to legally act
and be treated as ifhe or she were offull age.
venial (vee-nee-dl), adj. (14c) (Of a transgression) forgiv
able; pardonable.
venire (vd-nI-ree or -neer-ee or -nIr or -neer). (1807) 1. A
panel ofpersons selected for jury duty and from among
whom the jurors are to be chosen. -Also termed array;
jury panel;jury pool. [Cases: Jury~'60-69.]
special venire. A panel of citizens summoned when
there is an unexpected need for a larger pool from
which to select jurors, or a panel summoned for a
particular (usu. capital) case. [Cases: Jury (;=e70.]
2. VENIRE FACIAS.

1695
venire de novo. See venire facias de novo under VENIRE
FACIAS.
venire facias (v;J-nI-ree [or -neer-ee or -nn or -neer]
fay-shee-;Js). (ISc) A writ directing a sheriff to assemble
a jury. -Often shortened to venire. -Also termed
venire facias juratores (ju


to assemble
a jury. -Often shortened to venire. -Also termed
venire facias juratores (juur-;J-tor-eez). [Cases: Jury
P67.]
venire facias ad respondendum (ad ree-spon-den
d;Jm). A writ requiring a sheriff to summon a person
against whom an indictment for a misdemeanor has
been issued. A warrant is now more commonly
used.
venire facias de novo (dee or di noh-voh). (18c) A writ
for summoning a jury panel anew because of some
impropriety or irregularity in the original jury's
return or verdict such that a judgment cannot be
entered on it.  The result of a new venire is a new
trial. In substance, the writ is a motion for a new trial,
but when the party objects to the verdict because ofa
procedural error (and not an error on the merits), the
form of motion was traditionally for a venire facias de
novo. -Often shortened to venire de novo.
venire facias tot matronas (tot m;J-troh-n;Js). A writ
requiring a sheriff to summon a jury of matrons to
execute a writ de ventre inspiciendo. See DE VENTRE
INSPICIENDO.
veniremember (v;J-nI-ree-mem-bJr or V;J-neer-ee- or
v;J-neer-). (1966) A prospective juror; a member of a
jury panel. -Also termed venireman; venireperson;
talesman. See TALESMAN.
venit et defendit (vee-nit et di-fen-dit). [Latin] Comes
and defends . The phrase appeared in old-style defen
sive pleadings.
venit et dicit (vee-nit et dI-sit). [Latin] Comes and says .
The phrase appeared in old-style pleadings. Remnants
of the phrase still occur in some American jurisdictions:
Now comes the plaintiff, and respectfully says . ...
vente (vawnt or vont). [French] French law. A sale;
contract of sale.
vente aleatoire (a-IaY-;J-twahr). A sale subject to an
uncertain event.
vente aremere (ah ray-may-ray). A conditional sale, in
which the seller reserves the right to redeem or repur
chase the property at the same price . The term is
used in Louisiana and in some parts of Canada.
vente aux encheres (oh-zawn-shair). An auction. See
AUCTION.
venter (ven-tJr), n. [Latin "womb"] 1. The womb of a
wife or mother. 2. One of two or more women who are
sources of the same man's offspring.
"venter ... is a term nowadays considered objectionable,
as it refers to the woman merely as the possessor of a birth
canal." Bryan A. Garner, A Dictionary ofModem Legal Usage
910 (2d ed. 1995).
ventre inspiciendo. 1. See DE VENTRE INSPICIENDO;. 2.
See venire facias tot matronas under VENIRE FACIAS. veracity
venture. (16c) An undertaking that involves risk;
esp., a speculative commercial enterprise. Cf. JOINT
VENTURE.
venture capital. See CAPITAL.
venturer, n. (16c) 1. One who risks something, and hopes
to gain more, in a business enterprise. 2. One who par
ticipates in an association of two or more parties in a
business enterprise. See JOINT VENTURE.
venue (ven-yoo). [Law French "coming"] (16c) Procedure.
1. The proper or a possible place for a lawsuit to proceed,
usu. because the place has some connection either with
the events that gave rise to the lawsuit or with the plain
tiffor defendant. [Cases: Federal Courts P71; Venue
P 1.5.] 2. The territory, such as a country or other
political subdivision, over which a trial court has juris
diction. Cf. JURISDICTION (1), (2). 3. Loosely, the place
where a conference or meeting is being held. 4. In a
pleading, the statement establishing the place for trial.
[Cases: Federal Courts P94.] 5. In an affidavit, the
designation of the place where it was made.
"Venue must be carefully distinguished from jurisdiction.
Jurisdiction deals with the power of a court to hear and
dispose of a given case; in the federal system, it involves
questions of a constitutional dimension concerning the
basic division of judicial power among the states and
between state and federal courts. Venue is of a distinctly
lower level of importance; it is simply a statutory device
designed to facilitate and balance the objectives of
optimum convenience for parties and witnesses and effi
cient allocation of judicial resources." Jack H. Friedenthal
et aI., Civil Procedure  2.1, at 10 (2d ed. 1993).
"The distinction must be clearly understood between
jurisdiction, which is the power to adjudicate, and venue,
which relates to the place where judicial authority may
be exercised and is intended for the convenience of the
litigants. It is possible for jurisdiction to exist though venue
in a particular district is improper, and it is possible for a
suit to be brought in the appropriate venue though it must
be dismissed for lack ofjurisdiction. The most important
difference between venue and jurisdiction is that a party
may consent to be sued in a district that otherwise would
be an improper venue, and it waives its objection to venue
if it fails to assert it promptly. This is in striking contrast to
subject-matter jurisdiction, which cannot be conferred by
the parties, if it has not been granted by Congress, whether
by consent, waiver, or estoppel." Charles Alan Wright, The
Law ofFederal Courts  42, at 257 (5th ed. 1994).
venue, change of. See CHANGE OF VENUE.
venue facts. (1936) Facts that need to be pleaded or
established in a hearing to determine whether venue
is proper in a given court. [Cases: Federal Courts P
96; Venue P68.]
venville (ven-vil), n. Hist. A tenure peculiar to the area of
Dartmoor forest in Devonshire, whereby tenants have
certain rights in the forest.
veracious (v;J-ray-shJs), adj. (17c) Truthful; accurate.
Also termed veridical.
veracity (v;J-ras-;Jt-ee), n. (17c) 1. Truthfulness <the
witness's fraud conviction supports the defense's chal
lenge to his veracity>. 2. Accuracy <you called into
question the veracity of Murphy's affidavit>. -vera
cious (v;J-ray-sh;Js), adj.

veray 1696
veray (va-ray), adj. [Law French] Hist. True. This word
is an older form of the French vrai.
verba (var-ba). [Latin] n. pI. Words -esp. oral as
opposed to written words.
verba concepta. 1. See FORMULA (1). 2. See FORMULAE.
verba jactantia (var-ba jak-tan-shee-a). [Law Latin] Hist.
Boastful words . These words -esp. in a marriage
declaration -are not usu. binding. See JACTITATION
OF MARRIAGE.
verbal, adj. (15c) 1. Of, relating to, or expressed in words.
2. Loosely, of, relating to, or expressed in spoken
words.
verbal, n. English law. Slang. A statement, usu. oral and
often incriminating, allegedly made by a criminal
defendant and offered as evidence against the defen
dant at trial.  The term often implies that a police
officer inaccurately recorded or invented a defendant's
statement <the defense counsel challenged the verbals
presented by the police>.
verbal, vb. English law. Slang. To improperly pressure a
person to make a statement, esp. one that is damaging
or false <the defendant recanted and claimed that he
had been verbaled>.
verbal abuse. See ABUSE.
verbal act. See ACT (2).
verbal-act doctrine. (1901) The rule that utterances
accompanying conduct that might have legal effect are
admissible when the conduct is material to the issue
and is equivocal in nature, and when the words help
give the conduct its legal significance. [Cases: Criminal
Law (:::::>419(2.10); Evidence (:::::>267.]
verbal contract. See parol contract (1) under CONTRACT.
verbal note. Diplomacy. An unsigned memorandum
informally reminding an official ofa pending request,
an unanswered question, or the like.
vertical stare decisis. See STARE DECISIS.
verbal will. See nuncupative will under WILL.
verba precaria (var-ba pri-kair-ee-a). [Latin] Civil law.
1. Precatory words. 2. Words oftrust; words ofrequest
used in creating a trust.
verba solennia (var-ba sa-Ien-ee-a). [Latin] Hist. Solemn
words; formal words. -Also termed verba solemnia
(sa-Iem-nee-a).
verbatim (var-bay-tam), adj. & adv. [fro Latin verbum
"word"] Word for word. Courts have repeatedly
held that, in the context of the requirement that a trial
record must be "verbatim," absolute word-for-word
accuracy is not necessary -and insubstantial omis
sions do not make a transcript "nonverbatim." [Cases:
Military Justice 1354, 1356.]
verbatim ac litteratim (var-bay-tim ak lit-a-ray-tim),
adv. (var-bay-tim ak li-tar-ay-tim). [Latin] Word for
word and letter for letter. -Also spelled verbatim ac
literatim; verbatim et literatim. -Also termed verbatim
et litteratim. verbi gratia (var-bI gray-shee-a). [Latin "for example"]
Words for the sake of example. -Abbr. Y.G.
verbruikleening (ver-bruuk-layn-ing), n. Roman Dutch
law. A loan for use; COMMODATUM.
verderer (var-dar-ar), n. [fr. French verdier "caretaker
of green things"] Hist. A judicial officer who, being in
charge of the king's forest, is sworn to preserve the vert
(foliage) and venison, to keep the assizes, and to view,
receive, and enroll attachments and presentments on
matters involving trespass. -Also spelled verderor.
"In all the forests there were a varying number of officers
(usually four) elected in the county court, and styled Ver
derers. Manwood says that they should be 'gentlemen of
good account, ability, and living, and well learned in the
laws of the forest: Their chief duty was to attend the forest
courts; they served gratuitously; and they were immedi
ately responsible to the crown. Possibly they were regarded
as a check upon the Warden, as the coroner was upon the
sheriff." 1 William Holdsworth, A History ofEnglish Law 96
(7th ed. 1956).
verdict. (15c) 1. A jury's finding or decision on the
factual issues of a case. [Cases: Criminal Law (:::::>
870-894; Federal Civil Procedure (:::::>2191; Trial ~
318.] 2. Loosely, in a nonjury trial, a judge's resolution
of the issues of a case. [Cases: Federal Civil Procedure
(:::::>2251; Trial ~387.]
chance verdict. (1820) A now-illegal verdict, arrived
at by hazard or lot. -Also termed gambling verdict;
verdict by lot. [Cases: Criminal Law (:::::>798(2),866;
Federal Civil Procedure ~1974.1; Trial (:::::>315.]
compromise verdict. (1851) A verdict reached when
jurors, to avoid a deadlock, concede some issues so
that other issues will be resolved as they want. [Cases:
Criminal Law ~866; Federal Civil Procedure ~
1974.1; Trial ~315.]
defective verdict. (18c) A verdict on which a judgment
cannot be based because of irregularities or legal
inadequacies.
directed verdict. (1912) A ruling by a trial judge taking
a case from the jury because the evidence will permit
only one reasonable verdict. -Also termed instructed
verdict. [Cases: Criminal Law ~753; Federal Civil
Procedure ~2117; Trial ~167.]
excessive verdict. (1817) A verdict resulting from
the jury's passion or prejudice and thereby shocks
the court's conscience. [Cases: Damages (:::::> 127.9;
Federal Civil Procedure (:::::>2194.1, 2345; New Trial
(:::::>77(2).]
false verdict. Archaic. A verdict so contrary to the
evidence and so unjust that the judge may set it
aside.
gambling verdict. See chance verdict.
general verdict. (17c) A verdict by which the jury finds
in favor ofone party or the other, as opposed to resolv
ing specific fact questions. Cf. special verdict. [Cases:
Criminal Law (:::::>881; Federal Civil Procedure (:::::>
2191; Trial (:::::>318.]

1697
general verdict subject to a special case. Archaic. A
court's verdict rendered without regard to the jury's
general verdict, given when a party does not want to
put the legal question on the record but merely wants
the court to decide on the basis ofa written statement
ofall the facts in the case, prepared for the opinion of
the court by counsel on either side, according to the
principles of a special verdict, whereupon the court


of
the court by counsel on either side, according to the
principles of a special verdict, whereupon the court
decides the special case submitted and gives judgment
accordingly.
general verdict with interrogatories. (1878) A general
verdict accompanied by answers to written inter
rogatories on one or more issues offact that bear on
the verdict. [Cases: Federal Civil Procedure C:=>2211;
Trial
guilty verdict. (I8c) A jury's finding that a defendant is
guilty of the offense charged.
instructed verdict. See directed verdict.
joint verdict. (1825) A verdict covering two or more
parties to a lawsuit.
legally inconsistent verdict. (1975) A verdict in which
the same element is found to exist and not to exist, as
when a defendant is acquitted ofone offense and con
victed ofanother, even though the offenses arise from
the same set of facts and an element of the second
offense requires proofthat the first offense has been
committed. -Also termed legal inconsistency. Cf.
repugnant verdict. [Cases: Criminal Law C:=>878(4);
Federal Civil Procedure Trial C:=>358.]
majority verdict. A verdict agreed to by all but one or
two jury members. In some jurisdictions, a civil
verdict supported by 10 of 12 jurors is acceptable.
[Cases: Federal Civil Procedure Trial
321.5.]
open verdict. A verdict ofa coroner's jury finding that
the subject "came to his death by means to the jury
unknown" or "came to his death at the hands of a
person or persons to the jury unknown."  This verdict
leaves open either the question whether any crime was
committed or the identity ofthe criminal.
partial verdict. (1829) A verdict by which a jury finds
a criminal defendant not guilty ofsome charges and
guilty ofother charges.
perverse verdict. (1870) A juryverdict so contrary to
the evidence that it justifies the granting of a new
trial. [Cases: Federal Civil Procedure C:=>2338; New
Trial <>68.1.]
privy verdict (priv-ee). Hist. A verdict given after the
judge has left or adjourned the court, and the jury,
having agreed, obtains leave to give its verdict pri
vately to the judge out ofcourt so that the jurors can
be delivered from their confinement. -Such a verdict
was of no force unless afterwards affirmed in open
court. 'Ihis practice has been superseded by that of
rendering a sealed verdict. See sealed verdict.
public verdict. (17c) A verdict delivered by the jury in
open court. veredicto
quotient verdict. (1867) An improper damage verdict
that a juryarrives at by totaling what each juror would
award and dividing by the number ofjurors. [Cases:
Federal Civil Procedure Trial C::>31S.]
repugnant verdict. (1883) A verdict that contradicts
itselfin that the defendant is convicted and acquitted
ofdifferent crimes having identical elements . Some
times the inconsistency occurs in a Single verdict
(repugnant verdict), and sometimes it occurs in two
separate verdicts (repugnant verdicts). Both terms
are used mainly in New York. Cf.legally inconsistent
verdict. [Cases: Criminal Law C:=>878(4).]
responsive verdict. Civil law. A verdict that properly
answers the indictment with specific findings pre
scribed by statute, the possible findings being guilty,
not guilty, and guilty ofa lesser included offense.
sealed verdict. (18c) A written verdict put into a
sealed envelope when the jurors have agreed on their
decision but court is not in session or the jury is con
tinuing to deliberate other counts. Dpon delivering
a sealed verdict, the jurors may separate. When court
convenes again, this verdict is officially returned with
the same effect as ifthe jury had returned it in open
court before separating. [Cases: Trial C:=>324.]
special verdict. (I7c) A verdict in which the jurymakes
findings only on factual issues submitted to them by
the judge, who then decides the legal effect of the
verdict. See Fed. R. Civ. P. 49. Cf. general verdict.
[Cases: Criminal Law (,'=870; Federal Civil Proce
dure C:=>2231; Trial
split verdict. (1886) 1. A verdict in which one party
prevails on some claims, while the other party prevails
on others. 2. Criminal law. A verdict finding a defen
dant guilty on one charge but not guilty on another.
[Cases: Criminal LawC=878.] 3. Criminal law. A
verdict ofguilty for one defendant and of not guilty
for a codefendant. [Cases: Criminal Law (;::::>877.]
true verdict. (16c) A verdict that is reached volun
tarily -even if one or more jurors freely compro
mise their views -and not as a result ofan arbitrary
rule or order, whether imposed by the jurors them
selves, the court, or a court officer. [Cases: Trial
314,315.]
verdict by lot. See chance verdict.
verdict contrary to law. (18c) A verdict that the law
does not authorize a jury to render because the con
clusion drawn is not justified by the evidence.
Also termed wrong verdict. Cf. JURY NULLIFICATION.
[Cases: Federal Civil Procedure C:=>2338; New Trial
C:=>66.]
verdict subject to opinion ofcourt. (1820) A verdict that
is subject to the court's determination ofa legal issue
reserved to the court upon the trial, so that judgment
is ultimately entered depending on the court's ruling
on a point oflaw. [Cases: Judgment C='199(4).]
wrong verdict. See verdict contrary to law.
veredicto. See NON OBSTANTE VEREDICTO.

1698 veredictum
veredictum (ver-a-dik-tam), n. Hist. A verdict; a decla
ration of the truth ofa matter in issue, submitted to a
jury for trial.
verge (varj), n. Hist. 1. The area within 12 miles of
the place where the king held his court and within
which the king's peace was enforced. -This area was
commonly referred to as being in the verge. Ihe verge
got its name from the staff (called a "verge") that the
marshal bore. 2. The compass ofthe royal court, within
which the lord steward and marshal ofthe king's house
hold had special jurisdiction. Also termed (in senses
1 & 2) Court ofVerge. 3. The neighborhood of White
hall, the section ofLondon in which British government
offices have traditionally been located. 4. An uncertain
quantity ofland from 15 to 30 acres. 5. A stick or rod
by which a person, after holding the stick and swearing
fealty, is admitted as a tenant to a copyhold estate.
Also spelled virge. For tenant by the verge, see copy
HOLDER.
vergens ad inopiam (v<lr-jenz ad in-oh-pee-am), adj.
[Latin "verging on poverty"] Civil law. Tending to
become insolvent.
"When a debtor is clearly vergens ad inopiam, a creditor
may legally resort to certain measures, for the purpose
of protecting his interests, which would not otherwise be
competent to him. Thus if the debtor be bound under a bill,
the creditor may, in consideration of his debtor's circum
stances, obtain a precept of arrestment on the bill before
it becomes due, on which he may arrest any funds due to
his debtor. As this proceeding is only allowed, however, as
a protective measure ... he cannot ... render the arrested
funds available to himself until the bill falls due .... The
fact of the debtor's being vergens ad inopiam will be
inferred from different circumstances in different cases,
and the proof of that fact will also, necessarily, be varied."
John Trayner, Trayner's Latin Maxims 627 (4th ed. 1894).
verger, n. One who carries a verge (a rod) as an emblem
ofoffice; esp., an attendant on a bishop or justice.
veridical (va-rid-a-bl). See VERACIOUS.
verification, n. (l6c) 1. A formal declaration made in
the presence ofan authorized officer, such as a notary
public, or (in some jurisdictions) under oath but not
in the presence ofsuch an officer, whereby one swears
to the truth of the statements in the document. -Tra
ditionally, a verification is used as a conclusion for all
pleadings that are required to be sworn. Cf. ACKNOWL
EDGMENT (4). Also termed affidavit ofverification.
[Cases: Acknowledgment <::'-",8; Federal Civil Proce
dure (:::J662; Pleading (:::J289-304.] 2. An oath or
affirmation that an authorized officer administers to
an affiant or deponent. 3. Loosely, ACKNOWLEDGMENT
(5).4. See certified copy under COPY. 5. CERTIFICATE
OF AUTHORITY (1). 6. Any act of notarizing. Cf. JURAT
(1). verify, vb. verifier, n.
verified copy. See certified copy under cOPY.
verified non est factum. See ~Ol\' EST FACTUM.
verify, vb. 1. To prove to be true; to confirm or estab
lish the truth or truthfulness of; to authenticate. 2. To
confirm or substantiate by oath or affidavit; to swear
to the truth of. verily, adv. Archaic. Truly; in fact; certainly.
veritas (ver-i-tas or -tahs), n. [Latin] 1. Truth. 2. (cap.)
An international institution of maritime underwrit
ers for the survey and rating of vessels. -Founded in
Belgium in 1828, it moved to Paris in 1832 and has long
been represented all over the world. -Also termed
Bureau Veritas.
veritas convicii (ver-i-tas bn-vish-ee-I). [Law Latin]
Hist. The truth ofthe accusation. -The phrase appeared
in reference to a defense in a defamation action.
verity (ver-<1-tee). (14c) Truth; truthfulness; conformity
to fact.
vermenging(v<1r-meng-ing), n. [Dutch "mingling"] The
extinction ofa debt when the debtor's and the creditor's
interests merge, as in a corporate merger.
verna (v<lr-n<1). Hist. A slave born in the slaveholder's
house.
versans in illicito (v<lr-sanz in i-lis-i-toh). [Latin] Hist.
Engaged in some unlawful occupation.
versari (vdf-sair-I), vb. [Latin] I. To be employed. 2. To
be conversant
versari in re illicita (var-sair-I in ree i-lis-a-ta). [Latin]
To be engaged in an unlawful activity (as a bar to a
claim for damages).
versus, prep. (l5c) Against. Abbr. v.; vs.
vert (vaet). Hist. 1. Anything that grows and bears green
leaves within a forest. 2. A power, given by royal grant,
to cut green wood in a forest
vertical competition. See COMPETITION.
vertical equality. In per capita distribution ofan estate,
parity of distribution among children's families. See
PER CAPITA. Cf. HORIZONTAL EQUALITY.
vertical trust. Antitrust. A combination that gathers
together under a single ownership a number of busi
nesses or plants engaged in successive stages of pro
duction or marketing. [Cases: Antitrust and Trade
Regulation
vertical union. See industrial union under UNION.
verus (veer-<1s), adj. [Latin] True; truthful; genuine;
actuaL
very heavy work. See WORK (1).
VESA. abbr. VIDEO ELECTRONICS STA~DARDS ASSOCIA
TION.
vessel. A ship, brig, sloop, or other craft used -or capable
of being used to navigate on water. -To qualify as
a vessel under the Jones Act, the structure's purpose

1699
must to some reasonable degree be to transport pas
sengers, cargo, or equipment from place to place across
navigable waters. [Cases: Shipping (;::::> 1.]
"Despite the important role a 'vessel' plays in maritime
law, there is no settled definition of the term. Congress
has defined a vessel as including 'every description of
watercraft or other artificial contrivance used, or capable
of being used, as a means of transportation on water.'
1 U.S.C.A.  3. The Supreme Court has defined vessels
as 'all navigable structures intended for transportation.'
Cope v. Vallette Dry-Dock Co., 119 U.S. 625 (1887)." Frank
L Maraist, Admiralty in a Nutshell 14 (3d ed. 1996).
"The term vessel is defined in 1 U.S.c.  3 as follows: 'The
word "vessel" includes every description of watercraft or
other artificial contrivance used, or capable of being used,
as a means of transportation on water.' This definition
has not been very influential in admiralty and maritime
cases. Litigants contending for vessel status often invoke
its remarkable breadth. Those opposing vessel status
typically respond, 'But the present context indicates oth
erwise: When courts mention the definition favorably, it
usually seems to be a makeweight argument." David W.
Robertson, Steven F. Friedell & Michael F. Sturley, Admiralty
and Maritime Law in the United States 59 (2001).
foreign vessel. A vessel owned by residents of, or sailing
under the flag of, a foreign nation. [Cases: Shipping
Jones Act vessel. A vessel whose crew members can
qualify as seamen under the Jones Act; esp., a craft
designed or used for transporting cargo or people on
navigable waters, or that was being used for navig


; esp., a craft
designed or used for transporting cargo or people on
navigable waters, or that was being used for naviga
tion at the time of a worker's injury. See JONES ACT.
[Cases: Shipping
public vessel. A vessel owned and used by a nation or
government for its public service, whether in its navy,
its revenue service, or otherwise. See PUBLIC VESSELS
ACT. [Cases: United States (;::::> 125(1 1).J
seagoing vessel. A vessel that -considering its design,
function, purpose, and capabilities is normally
expected both to carry passengers for hire and to
engage in substantial operations beyond the boundary
line (set by the Coast Guard) dividing inland waters
from the high seas. -Typically excluded from the def
inition are pleasure yachts, tugs and towboats, fishing
boats, and other vessels that do not carry passengers
for hire. [Cases: Shipping C=c204.j
seaworthy vessel. A vessel that can withstand the
ordinary stress ofthe wind, waves, and other weather
that seagOing vessels might ordinarily be expected
to encounter. -In some legal contexts, the question
whether a vessel is seaworthy includes the question
whether it is fit to carry an intended cargo properly.
Under federal maritime law, a vessel's owner has the
duty to proVide a crew with a seaworthy vessel. See
SEAWORTHY. [Cases: Seamen Shipping
121,207.J
vest, vb. (l5c) 1. To confer ownership (of property) upon
a person. 2. To invest (a person) with the full title to
property. 3. To give (a person) an immediate, fixed
right of present or future enjoyment. 4. Hist. To put
(a person) into possession of land by the ceremony of
investiture. vesting. n. vestita manus
vested, adj. (18c) Having become a completed, consum
mated right for present or future enjoyment; not con
tingent; unconditional; absolute <a vested interest in
the estate>. [Cases: Estates in Property C=.> 1.]
"[Ujnfortunately, the word 'vested' is used in two senses.
Firstly, an interest may be vested In possession, when there
is a right to present enjoyment, e.g. when I own and occupy
Blackacre. But an interest may be vested, even where it
does not carry a right to immediate possession, if it does
confer a fixed right of taking possession in the future."
George Whitecross Paton, A Textbook ofJurisprudence 305
(G.W. Paton & David P. Derham eds., 4th ed. 1972).
"A future interest is vested if it meets two requirements:
first, that there be no condition precedent to the interest's
becoming a present estate other than the natural expira
tion of those estates that are prior to it in possession; and
second, that it be theoretically possible to identify who
would get the right to possession if the interest should
become a present estate at any time." Thomas F. Bergin
& Paul G. Haskell, Preface to Estates in Land and Future
Interests 66-67 (2d ed. 1984).
vested in interest. (I8c) Consummated in a way that
will result in future possession and use. -Reversions,
vested remainders, and any other future use or execu
tory devise that does not depend on an uncertain
period or event are all said to be vested in interest.
[Cases: Wills <>628-638.]
vested in possession. (I8c) Consummated in a way that
has resulted in present enjoyment.
vested estate. See ESTATE (I).
vested gift. See GIFT.
vested interest. See INTEREST (2).
vested legacy. See LEGACY.
vested ownership. See OWNERSHIP.
vested pension. See PENSION.
vested remainder. See REMAINDER.
vested right. See RIGHT.
vested-rights doctrine. Constitutional law. The rule that
the legislature cannot take away a right that has been
vested by a court's judgment; specif., the principle that
it is beyond the province of Congress to reopen a final
judgment issued by an Article III court. -Also termed
doctrine ofvested rights. [Cases: Constitutional Law (;::::>
2384,2630-2655.]
vestigial words (ve-stij-ee-;ll). Statutory words and
phrases that, through a succession of amendments,
have been made useless or meaningless. _ Courts do
not allow vestigial words to defeat the fair meaning of
a statute.
vestigium (ve-stij-ee-Jm). Archaic. A vestige, mark, or
sign; a trace, track, or impression left by a person or a
physical object.
vesting order. (1873) A court order passing legal title in
lieu ofa legal conveyance.
vestita manus (ves-tI-tJ may-nJs), n. [Latin "vested
hand"] Hist. The right hand used in the ceremony of
investiture.

vestita viro (ves-tHa vI-roh). [Law Latin] Hist. Clothed
with a husband.
"A married woman is said to be vestita viro, and so long as
this coverture exists her person cannot be attached on civil
diligence, unless that diligence proceeds upon a decree
ad factum praestandum, for the performance of some act
which she is bound to perform, and which cannot be validly
performed except by herself, ex. gr., to enter the heir of
her vassal, to produce or exhibit as a haver writings in her
own custody, &c." John Trayner, Trayner's Latin Maxims
628 (4th ed. 1894).
vestitive fact (ves-ta-tiv). See dispositive fact (1) under
FACT.
vestitus et mundus muliebris (ves-tI-tas et m;m-das
myoo-lee-ee-bris). [Latin] Hist. A woman's wearing of
apparel and ornaments.
vestry (ves-tree). Eccles. law. 1. The place in a church
where the priest's robes are kept. -Also termed sacristy.
2. An assembly of the minister, church wardens, and
parishioners to conduct church business.
vestry clerk. Eccles. law. An officer appointed to attend a
vestry and to take minutes of the proceedings.
vesture (ves-char). Hist. 1. The corn, grass, underwood,
stubble, or other growth -apart from trees -that
covers the land. -Also termed vestura (ves-t[y]oor-a);
vestura terrae (ter-ee); vesture ofland. 2. Seisin; inves
titure.
veteran. A person who has been honorably discharged
from military service.
Veterans Administration. See DEPARTMENT OF VETERANS
AFFAIRS.
Veterans Affairs, Department of. See DEPARTMENT OF
VETERANS AFFAIRS.
Veterans Appeals, U.S. Court of. See UNITED STATES
COURT OF APPEALS FOR VETERANS CLAIMS.
Veterans Benefits Administration. A unit in the US.
Department ofVeterans Affairs responsible for advising
and assisting veterans and their families who apply for
veterans' benefits. [Cases: Armed Services (;:::J 102.]
Veterans' Employment and Training Service. A unit
in the U.S. Department of Labor responsible for
administering various programs relating to veterans'
employment and training. The agency protects the
reemployment rights ofveterans and the employment
and retention rights of members of the Reserve and
National Guard. Its regional administrators work with
state employment -security agencies and with recipients
of grants under the Job Training Partnership Act to
ensure that veterans are provided the priority services
required by law. -Abbr. VETS.
Veterans Health Administration. A unit in the US.
Department of Veterans Affairs responsible for pro
viding hospital, nursing-home, and medical care to
eligible veterans of military service. [Cases: Armed
Services (;:::J 102.]
veteran's loan. See LOAN.
vetera statuta (vet-a-ra sta-t[y]oo-tCl), n. pl. [Law Latin
"ancient statutes"] The statutes from Magna Carta (1215) to the end of Edward II's reign (1327). -Also
termed antiqua statuta (an-tI-kwCl sta-t[y]oo-tCl). Cf.
NOVA STATUTA.
vetitive (vet-a-tiv), adj. Of, relating to, or having the
power to veto.
vetitum namium (vet-a-tClm nay-mee-am), n. [Law Latin
"a prohibited taking"] Hist. See NAMIUM VETITUM.
veto (vee-toh), n. [Latin "I forbid"] (17c) l. A power ofone
governmental branch to prohibit an action by another
branch; esp., a chief executive's refusal to sign into law
a bill passed by the legislature. [Cases: Statutes (;:::J25.]
2. VETO MESSAGE. PI. vetoes. -veto, vb.
absolute veto. (1852) An unrestricted veto that is not
subject to being overridden.
item veto. See line-item veto.
legislative veto. (1850) Hist. A veto allowing Congress
to block a federal executive or agency action taken
under congressionally delegated authority. The
Supreme Court held the legislative veto unconstitu
tional in INS v. Chadha, 462 US. 919,103 S.Ct. 2764
(1983). See DELEGATION DOCTRINE.
liberum veto (lib-ar-Clm). Hist. Formerly in Poland, the
right of any single member of the diet to invalidate
a measure.
limited veto. See qualified veto.
line-item veto. (1858) The executive's power to veto
some provisions in a legislative bill without affecting
other provisions . The U.S. Supreme Court declared
the presidential line-item veto unconstitutional in
1998. See Clinton v. City ofNew York, 524 U.S. 417,118
S.Ct. 2091 (1998). -Also termed item veto. [Cases:
Statutes (;:::J33.]
negative veto. See qualified veto.
overridden veto. (1971) A veto that the legislature has
superseded by again passing the vetoed act, usu. by a
supermajority oflegislators . In the federal govern
ment, a bill vetoed by the President must receive a
two-thirds majority in Congress to override the veto
and enact the measure into law. [Cases: Statutes (;:::J
35.]
pocket veto. (1842) A veto resulting from the President's
failure to sign a bill passed within the last ten days of
the congressional session. [Cases: Statutes (;:::J34.]
qualified veto. (1853) A veto that is conclusive unless
overridden by an extraordinary majority ofthe legis
lature. This is the type ofveto power that the Presi
dent ofthe United States has. -Also termed limited
veto; negative veto.
suspensory veto (sCl-spen-sCl-ree). (1911) A veto that
suspends a law until the legislature reconsiders it and
then allows the law to take effect if repassed by an
ordinary majority. -Also termed suspensive veto.
vetoer, n. One who vetoes. -Also termed vetoist.
veto message. (1830) A statement communicating the
reasons for the executive's refusing to sign into law a

1701
bill passed by the legislature. -Sometimes shortened
to veto.
veto power. (1883) An executive's conditional power
to prevent a bill that has passed the legislature from
becoming law.
veto-proof majority. See MAJORITY.
VETS. abbr. VETERANS' EMPLOYMENT AND TRAINING
SERVICE.
vetusjus (vee-t;)s jas). Roman & civil law. 1. The law ofthe
Twelve Tables. See TWELVE TABLES. 2. Long-established
or ancient law. 3. A law in force before the passage of
a later law.
vex, vb. (1Sc) L To harass, disquiet, or annoy. 2. To cause
physical or emotional distress. -vexatious, adj.
vexation, n.
vexari (vek-sair-I), vb. [Latin] To be harassed, vexed, or
annoyed.
vexata quaestio (vek-say-ta kwes-chee-oh). See VEXED
QUESTION.
vexation. (lSc) The damage that results from trickery
or malice.
vexatious (vek-say-sh;)s), adj. (l6c) (Of conduct) without
reasonable or probable cause or excuse; harassing;
annoying.
vexatious delay. An insurance company's unjustifiable
refusal to satisfy an insurance claim, esp. based on
a mere suspicion but no hard facts that the claim is
ill-founded. -Also termed vexatious refusal to pay;
refusal to pay. [Cases: Insurance C=3336.]
vexatious lawsuit. See VEXATIOUS SUIT.
vexatious litigant. See LITIGANT.
vexatious proceeding. See VEXATIOUS SUIT.
vexatious refusal to pay. See VEXATIOUS DELAY.
vexatious suit. (17c) A lawsuit instituted maliciously
.and without good grounds, meant to create trouble
and expense for the party being sued. -Also termed
vexatious lawsuit; vexatious litigation; vexatious pro
ceeding. Cf. MALICIOUS PROSECt:TION. [Cases: Action
Federal Civil Procedure
vexed question. (17e) 1. A question often argued about
but seemingly never settled. 2. A question or point that
has been decided differently by different tribunals and
has therefore been left in doubt. Also termed vexata