[Cases: Libel and Slander ~141.J
false-implication libel. Libel that creates a false impli
cation or impression even though each statement in
the article, taken separately, is true. See FALSE LIGHT;
INVASION OF PRIVACY.
group libel. (1940) Libel that defames a class ofpersons,
esp. because of their race, sex, national origin, reli
gious belief, or the like. Civil liability for group
libel is rare because the plaintiff must prove that the
statement applied particularly to him or her. Cf. hate
speech under SPEECH. [Cases: Libel and Slander
21.J
libel per quod (pJr kwod). (1927) 1. Libel that is action
able only on allegation and proofofspecial damages.
 Most jurisdictions do not recognize libel per quod,
holding instead that general damages from libel are
presumed. 2. Libel in which the defamatory meaning
is not apparent from the statement on its face but
rather must be proved from extrinsic circumstances.
See INNUENDO (2). [Cases: Libel and Slander ~1,
6-13,32,33.]
libel per se (pJf say). (1843) 1. Libel that is actionable in
itself, requiring no proofof special damages . Most
jurisdictions do not distinguish between libel per
se and libel per quod, holding instead that general
damages from libel are presumed. 2. Libel that is
defamatory on its face, such as the statement "Frank
is a thief. [Cases: Libel and Slander libel/us conventionis
obscene libel. Hist. 1. 1be common-law crime of pub
lishing, with the intent to corrupt, material (esp_
sexual words or pictures) that tends to deprave or
corrupt those whose minds are open to immoral influ
ences. 2. A writing, book, picture, or print that is so
obscene that it shocks the public sense ofdecency.
seditious libel. Libel made with the intent of inciting
sedition. Like other forms of criminal libel, sedi
tious libel is no longer prosecuted. See SEDITION.
[Cases: Libel and Slander C-:;; 141, 145.1
trade libel. Trade defamation that is written or
recorded. See trade defamation under DEFAMATION;
DISPARAGEMENT (3). Cf. trade slander under SLANDER.
[Cases: Libel and Slander ~130.1
3. The complaint or initial pleading in an admiralty or
ecclesiastical case. [Cases: Admiralty ~60.1 -Also
termed (in sense 3) libel ofinformation.
libel, vb. (16c) 1. To defame (someone) in a permanent
medium, esp. in writing. [Cases: Libel and Slander (;;:>
1, 25.] 2. Hist. Maritime law. To sue in admiralty or
ecclesiastical court.  This use of the term was elimi
nated with the merging of the Admiralty Rules into the
Federal Rules of Civil Procedure in 1986.
libelant (lI-bJI-<1nt). (16c) 1. The party who institutes a
suit in admiralty or ecclesiastical court by filing a libeL
[Cases: Admiralty ~41.J 2. LIBELER. -Also spelled
libellant.
libelee (h-bdl-ee). The party against whom a libel has
been filed in admiralty or ecclesiastical court. Also
spelled libellee. [Cases: Admiralty (;;:>42.]
libeler. One who publishes a written defamatory state
ment. -Also spelled libeller. Also termed libelant.
[Cases: Libel and Slander
libellary procedure (h-bJI-er-ee). Roman law. The pre
liminary proceedings in a lawsuit, initiated by a plain
tiffs written claims (in a libellus) to the magistrate.
libellos agere (lJ-bel-Js aj-J-ree), vb. [LatinJ Roman law.
To assist the emperor in responding to petitions.
Also termed libellum agere.
libellous, adj. See LIBELOUS.
libellus (ld-bel-as), n. [LatinJ 1. Roman law. A small book;
a written statement to a court; a petition. 2. Hist. An
instrument conveying all or part of land. 3. Anyone
of a number oflegal petitions or documents, such as a
bill ofcomplaint.
libellus accusatorius (l<1-bel-<ls d-kyoo-zd-tor-ee-ds).
[Latin] Roman law. A criminal accusation in writing.
libellus appellatorius (lJ-bel-Js J-pel-J-tor-ee-<ls).
[Latin] Roman law. A written appeal in cognitio pro
ceedings.
libellus conventionis (l<1-bel-<ls k<1n-ven-shee-oh-nis).
[Latin] Roman law. The statement ofa plaintiffs claim
in a petition sent to the magistrate, who directs its
delivery to the defendant.
"The libellus conventionis was very like the intentio of the
formulary system, and the modern statement of claim,
since it set forth in a succinct manner the nature of the

1000 libellus divortii
plaintiff's right and the circumstances attending its alleged
violation." R.W. Leage, Roman Private Law417 (C.H. Ziegler
ed., 2d ed. 1930).
libellus divortii (lJ-bel-Js di-vor-shee-I). [Latin] Roman
law. A bill ofdivorce. In the later Roman empire, also
termed libellus repudii.
libellus famosus (lJ-bel-Js fJ-moh-sJs). [Latin] Roman
law. A defamatory publication.
"Ubellus famosus .... According to the Lex Cornelia de
iniuriis punishment was inflicted on the person who wrote
(saipserit), composed (composuerit) or edited (ediderit)
such a lampoon, even if the publication was made under
another name or anonymously (sine nomine)." Adolf Berger,
Encyclopedic Dictionary ofRoman Law 562 (J 953).
libellus repudii (IJ-bel-Js ri-pyoo-dee-I). See LIBELLUS
DIVORTII.
libellus rerum (lJ-bel-JS reer-Jm), n. [Latin] Hist. An
inventory.
libellus supplex (lJ-bel-Js sap-leks). [Latin] Roman law.
A petition, esp. to the emperor . All petitions to the
emperor had to be in writing.
libel ofaccusation. Scots law. The instrument stating the
criminal charge against an accused person.
libel ofinformation. Maritime law. See LIBEL (3).
libel ofreview. Maritime law. A new proceeding attack
ing a final decree after the right to appeal has expired.
See LIBEL (3).
libelous, adj. Constituting or involving libel; defamatory
<a libelous newspaper story>. Also spelled libellous.
[Cases: Libel and Slander C=6-14.]
libel per quod. See LIBEL.
libel per se. See LIBEL.
liber (h-bJr), adj. [Latin "free"] 1. (Of courts, public
places, etc.) open and accessible. 2. (Of a person) having
the state or condition ofa freeman. 3. (Of a person) free
from another's service or authority.
liber (h-bJr), n. [Latin "book"] 1. A book of records,
esp. of deeds. 2. A main division of a literary or pro
fessional work.
libera batelia (lib-Jr-J bJ-tel-J), n. [l.atin "free boat"]
Hist. The right to have a boat fish in certain waters;
free fishery.
libera chasea habenda (lib-Jr-J chay-see-J hJ-ben-dJ),
n. [Law Latin] Hist. A judicial writ granting a person
the right to a free chase after game belonging to the
person's manor, after the jury's verdict granting that
right. See CHASE.
libera eleemosyna (lib-aI-a el-J-mos-J-m). See FRANKA
LMOIN.
libera falda (lib-Jr-<:) fal-dJ or fawl-dJ}. See DE LIBERA
FALDA.
liberal, adj. (14c) 1. (Of a condition, state, opinion, etc.)
not restricted; expansive; tolerant <liberal policy>.
2. (Of a person or entity) opposed to conservatism;
advocating expansive freedoms and individual expres
sion <liberal party>. 3. (Of an act, etc.) generous <a liberal gift>. 4. (Of an interpretation, construction,
etc.) not strict or literal; loose <a liberal reading ofthe
statute>.
liberal construction. See CONSTRUCTION.
libera lex (lib-Jr-J leks), n. [Latin "free law"] Hist. Free
law; the law of the land. This phrase referred to the
law enjoyed by free and lawful men, as opposed to men
who had lost the benefit and protection ofthe law as
a result of committing crimes. See LIBERAM LEGEM
AMITTERE.
liberal interpretation. See D!TERPRETATION.
liberam legem amittere (lib-Jr-om lee-jJm a-mit-J-ree).
[Latin] Hist. To lose one's free law . This phrase refers
to falling, by crime or infamy, from the status of libera
lex. By what was known as a "villenous judgment," a
person would be discredited as juror and witness, would
forfeit goods and chattels and lands for life, would have
his houses razed and trees uprooted, and would go to
prison. This was the ancient punishment ofa conspira
tor and of a party involved in a wager of battle who
cried "craven." Also termed amittere liberam legem;
amittere legem terrae ("to lose the law ofthe land"). See
VILLENOUS JUDGMENT.
libera piscaria (lib-ar-i1 pis-kair-ee-o). See free fishery
under FISHERY (1).
liberare (lib-i1-rair-ee), vb. 1. Civil law. To set (a person)
free. 2. Hist. To deliver or transfer (a writ, etc.).
liberari facias (lib-J-rair-ee fay-shee-as). [Law Latin
"that you cause to be delivered"] Hist. A writ ofexecu
tion ordering a sheriff to seize the debtor's unsalable
real property and deliver it to the creditor to satisfy the
creditor's claim. Cf. LEVARI FACIAS; FIERI FACIAS.
tiber assisarum (h-bi1r as-I-zair-Jm), n. [Law Latin
"Book ofAssizes"] Hist. A collection of cases arising
in assizes and other country trials . It was the fourth
volume of the reports of the reign ofEdward III.
liberate (lib-J-ray-tee), n. [Law Latin] Hist. 1. A chancery
writ to the Exchequer ordering the payment of an
annual pension or other sum. 2. A writ to the sheriff
authoriZing delivery ofany property given as bond and
then taken when a defendant forfeited a recognizance.
3. A writ to a jailer ordering delivery ofa prisoner who
had paid bail. 4. A writ to a sheriff commanding him to
deliver to the plaintiff lands or goods pledged as part of
a commercial trade loan arrangement (a statute staple)
available in certain merchant towns in England. Ifa
debtor defaulted on this obligation, the creditor could
obtain a writ of extent, which directed the sheriff to
take an inventory and entitled the creditor to keep the
debtor's property for a time until the rentals on the
property equaled the amount due. The writ of liberate
was issued after the inventory had been performed
under the writ of extent. See EXTENT; STAPLE (1), (2).
liberate, vb. (17c) To set (a person) free, as from slavery,
bondage, or hostile controL
liberatio (lib-J-ray-shee-oh), n. [Law Latin] Hist. Money
paid for the delivery or use of a thing; a payment.

1001 liberty
liberatio legata (lib-d-ray-shee-oh ld-gay-t<l). See
LEGATGM LIBERATIONIS.
liberation. (15c) 1. The act or an instance of freeing
someone or something. 2. Civil law. Final payment
under a contract, thereby extinguishing the debt.
liberation movement. Int'llaw. An organized effort
to achieve the political independence of a particular
nation or people.
liberatio nominis (lib-<l-ray-shee-oh nahm-d-nis).
[Latin] Roman law. The discharge ofa debt.
Hberative, adj. Serving or tending to free or release.
liberative prescription. See PRESCRIPTION.
Liber Authenticorum (h-bdr aw-then-tdkor-<lm). [Latin]
Roman law. A translated, unabridged collection oOus
tinian's Greek Novels, assembled between A.D. 535 and
556. This collection is distinguished from the similar
work, the Epitome JuZiani. -Also termed Authenti
cum.
libera warrena (lib-ar-a wor-ee-n<l). See free warren
under WARREN.
liber bancus (II-bar bang-bs). See FREE BENCH.
liber et legalis homo (II-bar et b-gay-Iis). See LEGALIS
HOMO.
liberi (lib-ar-I), n. pl. [Latin] Roman law. 1. Children.
2. Descendants . In the praetorian rules of intestate
succession, liberi were the first rank ofclaimants, com
prising the sui heredes of the Twelve Tables, and some
others, such as emancipated children. C


com
prising the sui heredes of the Twelve Tables, and some
others, such as emancipated children. Cf. LEGITIMI
HEREDES.
liberis nascituris (lib-ar-is nas-d-t[yJuur-is). [Latin] Hist.
To children yet to be born. The phrase usu. referred
to designations made in marriage contracts,
liber iudiciorum. See LEX VISIGOTHORUM.
liber judicia lis ofAlfred (II-bar joo-dish-ee-ay-lis), n,
[Law Latin] See DOOMBOOK.
liber niger (II-bar nI-jaf), n. [Latin "black book") Hist
An ancient record, such as the register in the Exchequer
and the register of charters ofabbeys and cathedrals.
Liber Niger Parvus (h-baf nI-j<lr pahr-vas). See BLACK
BOOK OF THE EXCHEQUER.
Uber ruber scaccarii (h-b<lr roo-bar ska-kair-ee-I), n.
[Law Latin) Hist. Red book ofthe Exchequer. This was
an ancient register ofthe names ofthose holding land
per baroniam during the reign ofHenry II.
libertas (Ii-bar-tas or lib-ar-tas), n. [Latin "liberty,
freedom") Hist. A privilege Of franchise.
libertas ecclesiastica (Ii-b.lt-tas e-klee-z[hlee-as-ti-b),
n. [Law Latin "church liberty") Hist. Immunity from
secular law, enjoyed by the church and the clergy, who
are subject to ecclesiastical law . This immunity was
created in Magna Carta (1215).
libertatibus allocandis (lib-ar-tay-td-bas al-d-kan-dis).
See DE LIBERTATIBUS ALLOCANDIS. libertatibus exigendis in itinere (lib-ar-tay-ta-bas ek-sa
jen-dis in I-tin-a-ree), n. [Latin] Hist. A writ from the
king to one ofa panel ofitinerant judges (the justices in
eyre) ordering them to admit an attorney to represent
a criminal defendant. See EYRE.
! tiberti (Ii-bar-tI), n. pI. [Latin) Roman law. Manumitted
slaves, considered in their relation with their former
masters, who were known as patrons. Cf, INGENUUS;
LIBERTINL
libertidde (ia-b3f-t<l-sId), n. 1. The destruction ofliberty.
2. A destroyer ofliberty. liberticidal, adj.
liberties. Hist, 1. Privileged districts exempt from the
sheriff's jurisdiction. 2. In American colonial times,
laws. 3. Political subdivisions ofPhiladelphia.
libertini (lib-ar-tl-m), n. pl. [Latin) Roman law. See
LATINI JUNIANI.
liberty. (14c) 1. Freedom from arbitrary or undue external
restraint, esp. by a government <give me liberty or give
me death>. 2. A right, privilege, or immunity enjoyed
by prescription or by grant; the absence ofa legal duty
imposed on a person <the liberties protected by the
Constitution>. [Cases: Constitutional Law ~1079,
3873.]
"[Liberty] denotes not merely freedom from bodily restraint
but also the right of the individual to contract, to engage
in any of the common occupations of life, to acquire
useful knowledge, to marry, establish a home and bring
up children, to worship God according to the dictates of
his own conscience, and generally to enjoy those privileges
long recognized at common law as essential to the orderly
pursuit of happiness by free men." Mever v. Nebraska, 262
U.S. 390, 399, 43 S.O. 625, 626 (1923).
''The sphere of my legal liberty is that sphere of activity
within which the law is content to leave me alone." John
Salmond, Jurisprudence 239 (Glanville L. Williams ed., 10th
ed. 1947).
'The word liberty has become a symbol around which
have clung some of the most generous human emotions.
We have been brought up to thrill with admiration at the
men who say, Give me liberty or give me death. But the
philosopher asks whether all those who are devoted to
liberty mean the same thing. Does liberty or freedom, for
instance, involve free trade? Does it involve freedom to
preach race hatred or the overthrow of all that we regard
as sacred? Many who believe in liberty characterize the
freedom which they are not willing to grant, as license,
and they do it so often that one may be inclined to think
that what we really need is less liberty and more license.
Moreover, there is a confUSion between the absence of
legal restraint and the presence of real freedom as positive
power to do what we want. The legal freedom to earn a
million dollars is not worth a cent to one who has no real
opportunity. It is fashionable to assert that men want
freedom above all other things, but a strong case may be
made out for the direct contrary. Absolute freedom is just
what people do not want ...." Morris R. Cohen, Reason
and Law 101-02 (1961).
civil liberty. See CIVIL LIBERTY.
individual liberty. See personal liberty,
natural liberty. (16c) The power to act as one wishes,
without any restraint or control, unless by nature.
'This natural liberty ... being a right inherent in us by
birth .... But every man, when he enters into society, gives
up a part of his natural liberty, as the price of so valuable

a purchase; and, in consideration of receiving the advan
tages of mutual commerce, obliges himself to conform to
those laws, which the community has thought proper to
establish." 1 William Blackstone, Commentaries on the Laws
ofEngland 121 (1765).
personal liberty. (16c) One's freedom to do as one
pleases, limited only by the government's right to
regulate the public health, safety, and welfare. -Also
termed individual liberty. [Cases: Constitutional Law
<:>1079.]
political liberty. (17c) A person's freedom to participate
in the operation of government, esp. in elections and
in the making and administration oflaws.
religious liberty. (17c) Freedom -as guaranteed by
the First Amendment to express, without external
control other than one's own conscience, anv or no
system of religiOUS opinion and to engage in or'refrain
from any form of religiOUS observance or public or
private religiOUS worship, as long as it is consistent
with the peace and order of society. [Cases: Consti
tutional Law <:> 1290-1428.]
Liberty Clause. (1971) The Due Process Clause in the
14th Amendment to the u.s. Constitution. See DUE
PROCESS CLAUSE. [Cases: Constitutional Law (:=3840
4841.]
liberty interest. See INTEREST (2).
liberty not. See NO-DUTY.
liberty of a port. Marine insurance. A license incorpo
rated in a marine policy allowing the vessel to dock
and trade at a designated port other than the principal
port ofdestination.
liberty ofcontract. See FREEDOM OF CONTRACT.
liberty of speech. See FREEDOM OF SPEECH.
liberty ofthe globe. Marine insurance. A license incor
porated in a marine policy authorizing the vessel to
go to any part of the world, rather than be confined
to a particular port of destination. [Cases: Insurance
C=>2214.]
liberty of the press. See FREEDOM OF THE PRESS.
liberum maritagium (lib-ar-am mar-a-tay-jee-am). See
FRANKMARRIAGE.
liberum servitium (lib-ar-am sar-vish-ee-am), n. [Law
Latin] See SERVITIUM LIBERUM.
liberum socagium (lib-ar-am sok-ay-jee-;.!m), n. [Law
Latin] See free socage under SOCAGE.
liberum tenementum (lib-ar-;.!m ten-a-men-t;.!m), n.
[Law Latin] Hist. 1. A plea offreehold; a defensive com
mon-law pleading in an action for trespass to lands.
-The defendant pleaded either ownership ofthe land
in question or authorization from the freehold owner.
[Cases: Trespass <:>27.] 2. FREEHOLD.
liberum veto. See VETO.
LIBOR. abbr. See LONDON INTERBANK OFFERED RATE.
libra (II-br;.!), n. [Latin] Hist. An English pound; a sum
of money equal to a pound sterling. PI. librae. libra arsa (II-br;.! ahr-s;.!), n. [Law Latin] Hist. A pound
melted to test its purity.
libra numerata (h-br;.! n[y]oo-m;.!-ray-tJ), n. [Law Latin]
Hist. A pound of money that has been counted.
libra pensa (II-bra pen-sa), n. [Law Latin] Hist. A
pound ofmoney by weight.
librarian. Parliamentary law. An officer charged with
custody of an organization's books, periodicals, and
other published matter, and sometimes ofthe organi
zation's own archives and files as well.
Library of Congress. A library on the U.S. Capitol
grounds responsible for conducting research for
members of Congress and congressional committees.
_ The Library maintains collections of materials that in
many areas are the world's most extensive. Headed by
a Librarian appointed by the President with the advice
and consent ofthe Senate, it was established in 1860. 2
USCA  131 et seq.
libripens (lib-ra-penz), n. [Latin] Roman law. A person
who holds a bronze balance during actual or ritual
sales, such as the ceremonies of emancipating a son
from his father or conveying important property; a
scale-holder. -The purchaser strikes the balance with a
piece ofbronze to symbolize completion of the sale. Ihe
seller then receives the bronze as a sign of the purchase
money. See MANCIPATION.
liceity. (ll-say-tee or li-) Ecclesiastical law. The legality
ofan act, esp. ofa sacrament. -Liceity is distinguished
from validity in ecclesiastical law. Although an act or
some part ofit may be illegal, its pertormance or effects
may be valid. For example, Roman Catholic law requires
that the Eucharist be celebrated with unleavened wheat
bread. Ifleavened bread is used, the bread would be an
illegal substance, but the sacrament's validity would
not be affected.
license, n. (15c) 1. A permission, usu. revocable, to
commit some act that would otherwise be unlawful;
esp., an agreement (not amounting to a lease or profit aprendre) that it is lawful for the licensee to enter the
licensor's land to do some act that would otherwise
be illegal, such as hunting game. See SERVITUDE (1).
[Cases: Licenses
"[Allicense is an authority to do a particular act, or series
of acts, upon another's land, without possessing any estate
therein. It is founded in personal confidence, and is not
assignable, nor within the statute of frauds." 2 James
Kent, Commentaries on American Law *452-53 (George
Comstock ed., 11th ed. 1866).
2. The certificate or document evidencing such permis
sion. -license, vb.
artistic license. An open-source license that prohibits
the sale of modified software unless it is included in
a package with other software.
bare license. (I7c) A license in which no property
interest passes to the licensee, who is merely not a
trespasser. -It is revocable at will. Also termed
naked license; mere license. [Cases: Copyrights and
Intellectual Property (:=48.]

blanket license. Copyright. A license granted by a per
forming-rights society, such as ASCAP or BMI, to use
all works in the society's portfolio in exchange for a
fixed percentage of the user's revenues.
box-top license. See shrink-wrap license.
BSD license. A form of open-source license that allows
users to incorporate the source code into proprietary
products as long as the names of the original creator
or contributors are not used to endorse or promote
the products without permission . It was originally
created for the Berkeley Software Distribution oper
ating system developed at the University of Califor
nia. Also termed BSD-style license.
click-wrap license. See POINT-AND-CLICK AGREE
MENT.
compulsory license. 1. Copyright. A statutorily created
license that allows certain parties to use copyrighted
material without the explicit permission of the copy
right owner in exchange for a specified royalty. -Also
termed equitable remuneration. [Cases: Copyrights
and Intellectual Property (~48.l..] 2. Patents. A
statutorily created license that allows certain people
to pay a royalty and use an invention without the pat
entee's permission . \Vhile some nations currently
recognize compulsory licenses, the United States
never has.
cross-license. Patents. An agreement between two or
more patentees to exchange licenses tor their mutual
benefit and use of the licensed products. [Cases:
Patents <::=206.]
distribution license. A marketing license, usu.limited
by geography.
exclusive license. (l8c) A license that gives the licensee
the sole right to pertorm the licensed act, often in a
defined territory, and that prohibits the licensor from
performing the licensed act and from granting the
right to anyone else; esp., such a license of a copy
right, patent, or trademark right. [Cases: Patents (;:::>
211(1).]
general-public license. See open-source license.
implied license. A royalty-free license arising from a
property owner's conduct regarding another person's


-source license.
implied license. A royalty-free license arising from a
property owner's conduct regarding another person's
use of the property even though the owner has not
expressly consented to the property's use . In a
patent context, tor example, the circumstances sur
rounding the conduct give rise to an affirmative grant
ofconsent or permission to infringe a patent's claims.
For example, the conduct of a patentee who encour
ages the manufacture of infringing products may be
construed as an implied license to use the patent.
An implied license may also arise when a patentee
authorizes the sale or express grant of a license to a
buyer, who then resells the license to a third party; the
third party is the patentee's implied licensee. [Cases:
Patents <::=210.]
implied license by acquiescence. An implied license
that arises from the patentee's tacit or passive acceptance of or implied consent to an otherwise
infringing act.
implied license by conduct. An implied license based
on the patentee's course of conduct, including
language, from which another person could properly
infer that the patentee consented to the other's use of
the patent. See implied license by equitable estoppel;
implied license by legal estoppel.
implied license by equitable estoppel. An implied
license usu. based on the patentee's failure to take
timely action to enforce patent rights against an
infringer after objecting to the infringer's actions,
thereby misleading the infringer to believe that the
patentee will not act. See A.C. Aukerman Co. v. R.L.
Chaides Constr. Co., 960 F.2d 1020, 1042-43 (Fed.
Cir.1992).
implied license by legal estoppel. An implied license
usu. based on the patentee's broadcast grant ofa right
or interest that cannot be derogated by the patentee's
later acts.
label license. A notice on an item's package granting
the purchaser a license to practice the process by
using the item without additional payments to the
licensor.
license coupled with an interest. (1836) An irrevocable
license in real estate that confers the right (not the
mere permission) to perform an act or acts upon the
property; esp., a license incidental to the ownership
of an interest in a chattel located on the land with
respect to which the license exists . This type of
license is considered an interest in the land itself. An
injunction may be obtained to prevent the wrongful
revocation of such a license. -Also termed license
coupled with the grant ofan interest. [Cases: Licenses
e:.-.::>43, 58(2).]
"A licence may be coupled with some interest in the land
or chattels thereon. Thus the right to enter another man's
land to hunt and take away the deer killed, or to cut down
a tree and remove it, involves the grant of an interest in
the deer or tree and also a licence annexed to it to come
on the land. The interest must be a recognised interest in
the property, and it must have been validly created. Thus
at law a right to take game or minerals, being a profit a
prendre, must have been created by deed or prescription,
whereas no formalities are required for the grant of a right
to take away chattels, such as felled or cut hay. Equity will
give effect to a specifically enforceable agreement to grant
an interest, so that a licence coupled with a profit aprendre
granted merely in writing but for value may be protected by
injunction." Robert E. Megarry & M.P. Thompson, A Manual
of the Law of Real Property 428 (6th ed. 1993).
limited license. A license that is narrow in scope or
narrower than another license granted for the same
purpose, or a license subject to conditions or limita
tions.
mechanical license. A grant of the right to produce and
release a copyrighted work in exchange for a royalty
based on the number of units manufactured and
sold. [Cases: Copyrights and Intellectual Property
(;:::>48.]
mere license. See bare license.

1004 license bond
Mozilla public license. An open-source license that
allows software users to modify and publicly dis
tribute the software, but requires users to release
the changed software under the same copyright as
the original source code, and to release all claims to
patent rights . The Mozilla public license was devel
oped for the Netscape and Netscape Communicator
browsers but is not limited to use with them. -Abbr.
MPL.
naked license. 1. A license allowing a licensee to use
a trademark on any goods and services the licensee
chooses. [Cases: Trademarks C:=> 1208.J 2. See bare
license.
nonexclusive license. A license of intellectual-prop
erty rights that gives the licensee a right to use, make,
or sell the licensed item on a shared basis with the
licensor and possibly other licensees.
nonmetered license. Patents. An agreement to allow a
patent's use in exchange for a flat percentage ofsales,
regardless ofhow much the patent is actually used .
The Supreme Court rejected a nonmetered license as
patent misuse, saying the buyer has a right to insist
on paying only for actual use. Zenith Radio Co. v.
Hazeltine Research, Inc., 395 U.S. 100, 89 S.Ct. 1562
(1969). See PATENT-MISUSE DOCTRINE. (Cases: Patents
(:::=>218(5).]
off-sale license. A state-issued permit to sell alcoholic
beverages that may be taken away from and consumed
off the premises. Also termed off-premises license.
Cf. on-sale license. [Cases: Intoxicating Liquors
59.]
on-sale license. A state-issued permit to sell alcoholic
beverages to be consumed on the premises only.
Also termed on-premises license. Cf. off-sale license.
[Cases: Intoxicating Liquors C:=>S9.]
open-source license. A license that allows open-source
software users to copy, distribute, or modify the
source code, and publicly distribute derived works
based upon the source code. -Open-source licenses
usu. do not require royalty or other fees on distri
bution. The license typically reqUires a user who
redistributes original or modified software that was
received under an open-source license to provide
the original license terms, including all disclaimers,
to all future users, and to distribute the source code
with any machine-executable software. It is unclear
who has the right or power to enforce the terms ofan
open-source license. Sometimes termed general
public license. [Cases: Copyrights and Intellectual
Property C:=> 107.]
proprietary license. A license that restricts a software
user's ability to copy, distribute, or modify the
software.
shrink-wrap license. (1984) A license printed on the
outside of a software package to advise the buyer
that by opening the package, the buyer becomes
legally bound to abide by the terms of the license .
Shrink-wrap licenses usu. seek to (1) prohibit users from making unauthorized copies of the software, (2)
prohibit modifications to the software, (3) limit use of
the software to one computer, (4) limit the manufac
turer's liability, and (5) disclaim warranties. Also
written shrinkwrap license. Also termed box-top
license; tear-me-open license. See POINT-AND-CLICK
AGREEMENT. [Cases: Copyrights and Intellectual
Property C=' 107.]
site license. Copyright. A software license that allows
a company to install a set number of copies on indi
vidual computers within the company.
synchronization license. A license to reproduce and
synchronize a copyrighted musical composition with
visual images that are not covered by the musical
work's copyright. _ Synchronization rights are
commonly associated with audiovisual productions,
such as music videos or movies. [Cases: Copyrights
and Intellectual Property C:;)48, 107.]
tear-me-open license. See shrink-wrap license.
use-based license. An open-source software license
to which the user assents by acting according to the
license's terms, namely by using, modifying, or dis
tributing the licensed software . Unlike a point-and
click agreement, the user does not have to expressly
declare acceptance of the license terms before using
the software. [Cases: Copyrights and Intellectual
Property C:=> 107.]
license bond. See BOND (2).
license coupled with the grant ofan interest. See Ii cense
coupled with an interest under LICENSE.
licensee. (I864) 1. One to whom a license is granted.
2. One who has permission to enter or use another's
premises, but only for one's own purposes and not for
the occupier's benefit. _ The occupier has a duty to warn
the licensee ofany dangerous conditions known to the
occupier but unknown to the licensee. An example of
a licensee is a social guest. Cf. INVITEE; TRESPASSER.
[Cases: Licenses C:=>43.]
bare licensee. (1864) A licensee whose presence on the
premises the occupier tolerates but does not necessar
ily approve, such as one who takes a shortcut across
another's land. Also termed naked licensee; mere
licensee. [Cases: Licenses (::::;)43.]
licensee by invitation. (1894) One who is expressly
or impliedly permitted to enter another's premises
to transact business with the owner or occupant or
to perform an act benefiting the owner or occupant.
[Cases: Licenses C-"43.]
licensee by permission. (1894) One who has the owner's
permission or passive consent to enter the owner's
premises for one's own convenience, curiosity, or
entertainment. [Cases: Licenses C:=>43.]
licensee with an interest. See INVITEE.
mere licensee. See bare licensee.
naked licensee. See bare licensee.

1005
license fee. 1. A monetary charge imposed by a govern
mental authority for the privilege of pursuing a par
ticular occupation, business, or activity. -Also termed
license tax. [Cases: Licenses 2. A charge of this
type accompanied by a requirement that the licensee
take some action, or be subjected to regulations or
restrictions. [Cases: Licenses 0=> 1.]
license in amortization. Hist. A license authorizing the
conveyance of property otherwise invalid under the
statutes ofmortmain. See MORTMAIN.
licenser. See LICENSOR.
license tax. See LICENSE FEE (1).
licenSing. (15c) 1. The sale of a license authorizing
another to use something (such as computer software)
protected by copyright, patent, or trademark. [Cases:
Copyrights and Intellectual Property 0=>48; Patents
0=>206; Trademarks 1202.] 2. A governmental
body's process of issuing a license. -Also termed
licensure. [Cases: Licenses 0=> I.]
licensor. One who grants a license to another. -Also
spelled licenser. [Cases: Licenses
licensure. See LICENSING (2).
licentia (li-sen-shee-d), n. [fro Latin licere "to be lawful")
Hist. License; permission.
licentia concordandi (li-sen-shee-<l kon-kor-dan-dI),
n. [Law Latin "license to agree"] Hist. One of the
proceedings on levying a fine of lands. See CONGE
D'ACCORDER.
'The licentia concordandi, or leave to agree the suit. For,
as soon as the action is brought, the defendant knowing
himself to be in the wrong, is supposed to make over
tures of peace and accommodation to the plaintiff. Who,
accepting them, but having, upon suing out the writ, given
pledges to prosecute his suit, which he endangers if he now
deserts it without license, he therefore applies to the court
for leave to make the matter up." 2 William Blackstone,
Commentaries on the Laws of England 350 (1766).
licentia loquendi (li-sen-shee-<lloh-kwen-dI). [Latin
"license to speak"] See IMPARLANCE.
licentia surgendi (li-sen-shee-<l S<lr-jen-dI), n. [Law Latin
"license to arise"] Hist. Permission or writ from the
court to a tenant in a real action to get out ofbed and
appear in court, following the tenant's earlier plea of
inability to appear because ofillness that confined the
tenant to bed. The tenant could lose the case by default
for falsely claiming illness. See DE MALO; ESSOIN.
licentiate (h-sen-shee-<lt), II. (16c) One who has obtained
a license or authoritative permission to exercise some
function, esp. to practice a profession <a licentiate in
law should be held to high ethical standards>.
licentia transfretandi. See DE LICENTIA TRANS
FRETANDI.
licentious (lI-sen-sh<ls), adj. (16c) Lacking or ignoring
moral or legal restraint, esp. in sexual activity; lewd;
lascivious. -licentiousness, n.
licere (li-seer-ee), vb, [Latin] Roman law. To be allowed
by law . The stipulation habere licere guaranteed the
buyer indemnity from eviction. liege lord
liceri. See LICITARI.
licet (II-set or IiS-;lt). [Latin] Hist. 1. It is permitted; it is
lawful. 2. It is conceded; it is granted.
licit (lis-it), adj. (15c) Not forbidden by law; permitted;
legal. licitly, adv.
licitari (Iis-<l-tair-ee), vb. [Latin] Roman law. To bid for
an item, esp. repeatedly during the same sale


<l-tair-ee), vb. [Latin] Roman law. To bid for
an item, esp. repeatedly during the same sale. -Also
termed liceri.
licitation (lis-<l-tay-sh;ln). (l7c) 1. The offering for sale or
bidding for purchase at an auction; esp., in civil law, a
judicial sale of property held in common. See La. Civ.
Code art. 811. [Cases: Husband and Wife 0=>272(4),
272(5); Partition C:,-o99.] 2. CANT.
licitator (lis-<l-tay-t<lr), n. [Latin] Roman law. The bidder
at a sale.
lictor (lik-tdr), n. [Latin] Roman law. An officer who
accompanied a magistrate having imperium and tra
ditionally carried a bundle of rods and an ax, symbol
izing the magistrate's powers oflife and death and of
corporal punishment over citizens. See IMPERIUM.
Lidford law (lid-f<lrd). Hist. A form oflynch law permit
ting a person to be punished first and tried later.  The
term took its name from the English town of Lidford
(now Lydford) where this type of action supposedly
took place. Cf. Jedburgh justice under JUSTICE (1).
lie, vb. (bef. 12c) 1. To tell an untruth; to speak or write
falsely <she lied on the witness stand>. See PERJURY. Cf.
FABRICATE. [Cases: PerjuryC=)12.j2. To havefounda
tion in the law; to be legally supportable, sustainable,
or proper <in such a situation, an action lies in tort>. 3.
I To exist; to reside <final appeal lies with the Supreme
Court>.
Lieber Code. A codification of rules and customs of
warfare, which set out the humane and ethical treat
ment of persons . It was first developed by Francis
Lieber during the American Revolution, formally
adopted as law by Abraham Lincoln during the Civil
War, and used as the basis for the first codified inter
national rules oflaw at The Hague Peace Conference of ! 1899. The rules were extended and refined in another
! Hague convention in 1907, and became known as the
Law ofThe Hague. See LAW OF THE HAGUE.
lie detector. See POLYGRAPH.
liege (Ieej), adj. (14c) Hist. 1. Entitled to feudal alle
giance and service. 2. Bound by feudal tenure to a lord
paramount; owing allegiance and service. 3. Loyal;
! 	faithful. Also termed ligius.
I liege, n. Hist. 1. A vassal bound to feudal allegiance.
! 	Also termed liege man; liege woman. 2. A loyal subject of
a monarch or other sovereign. 3. A feudal lord entitled
to allegiance and service; a sovereign or superior
lord. -A]so termed (in sense 3) liege lord.
liegeance. See LIGEANCE.
liege homage, n. Hist. Homage paid by one sovereign to
another, including pledges ofloyalty and services.
liege lord, n. Hist. See UEGE (3).

liege man, n. Hist. See LIEGE (1).
liege poustie (leej pow-steel. [Law French "liege power"
fro Latin legitima potestas "lawful power"] Scots law. The
lawful power ofone in good health, as a result ofwhich
the person might dispose of heritable property . The
phrase often appeared attributively, as in liege poustie
conveyance. Cf. LEGITIMA POTESTAS.
"LIEGE POUSTIE; is that state of health which gives a person
full power to dispose mortis causa, or otherwise, of his
heritable property, The term, according to our institutional
writers, is derived from the words legitima potestas, signi
fying the lawful power of disposing of property at pleasure.
It is used in contradistinction to deathbed -a liege poustie
conveyance being a conveyance not challengeable on the
head of deathbed .... The tests of liege poustie, opposed
to the presumption of deathbed, are survivance during
sixty days, and going to kirk or market unsupported:
William Bell, Bell's Dictionary and Digest of the Law Of
Scotland 662 (George Watson ed., 7th ed. 1890).
"[AI liege poustie conveyance being one not challengeable
by the heir on the ground of death-bed. This condition of
health the granter of a deed was held to have enjoyed, if at
the time of granting it he was not affected by the disease
of which he died, or if, after executing it, he attended kirk
or market, unsupported, or survived for sixty days." John
Trayner, Trayner's Latin Maxims 329 (4th ed. 1894).
lieger, n. Archaic. See LEDGER (2).
liege subject. See natural-born subject under SUBJECT.
liege woman, n. Hist. See LIEGE (1).
lie in franchise, vb. Hist. (Of wrecks, waifs, strays, etc.)
to be seizable without judicial action.
lie in grant, vb. Hist. (Of incorporeal hereditaments) to
be passable by deed or charter without the ceremony
oflivery ofseisin.
lie in livery, vb. Hist. (Of corporeal hereditaments) to be
passable by livery ofseisin rather than by deed.
lien (leen or lee-;:m), n. (16c) A legal right or interest that
a creditor has in another's property, lasting usu. until
a debt or duty that it secures is satisfied . Typically,
the creditor does not take possession of the property
on which the lien has been obtained. Cf. PLEDGE (3).
[Cases: Liens -lien, vb. lienable, liened,
adj.
accountant's lien. The right ofan accountant to retain
a client's papers until the accountant's fees have been
paid.
agent's lien. A lien against property of the estate, in
favor ofan agent, to secure the agent's compensation
as well as all necessary expenses incurred under the
agent's power. [Cases: Principal and Agent C='J 90.]
agister's lien (~-jis-t<lrz). A lien on the animals under
an agister's care, to secure payment ofthe agister's fee.
See AGISTER; AGISTMENT. [Cases: Animals (;:=-26.J
agricultural lien. 1. A statutory lien that protects a
seller offarming equipment by giving the seller a lien
on crops grown with the equipment. [Cases: Agricul
ture C= 10.]2. Secured transactions. An interest (other
than a security interest) in farm products having three
characteristics: (1) it must secure payment or perfor
mance ofan obligation for goods or services furnished in connection with a debtor's farming operation, or
of an obligation for rent on real property leased by
a debtor in connection with farming; (2) it must be
created by statute in favor of a person either who in
the ordinary course ofbusiness furnished goods or
services to a debtor in connection with the debtor's
farming, or who leased real property to a debtor in
connection with the debtor's farming; and (3) the
effectiveness of the interest must not depend on the
person's possession of the personal property. VCC
 9-102(a)(5).
architect's lien. A statutory lien on real property in
favor ofan architect who has drawn the plans for and
supervised the construction ofimprovements on the
property. [Cases: Mechanics' Liens (;:=-36.]
artisan's lien. See mechanic's lien.
attachment lien. A lien on property seized by prejudg
ment attachment.  Such a lien is initially inchoate but
becomes final and perfected upon entry ofa judgment
for the attaching creditor and relates back to the date
when the lien first arose. -Also termed lien ofattach
ment. See ATTACHMENT. [Cases: Attachment (;:=-177;
Federal Civil Procedure (;:=-589.]
attorney's lien. The right of an attorney to hold or
retain a client's money or property (a retaining lien) or
to encumber money payable to the client (a charging
lien) until the attorney's fees have been properly
determined and paid. [Cases: Attorney and Client
(;::::171.]
banker's lien. The right ofa bank to satisfy a custom
er's matured debt by seizing the customer's money or
property in the bank's possession. [Cases: Banks and
Banking (;:=-134, 136.)
blanket lien. A lien that gives a creditor the entitlement
to take possession of any or all of the debtor's real
property to cover a delinquent loan.
carrier'sUen. A carrier's right to retain possession of
cargo until the owner of the cargo pays its shipping
costs. [Cases: Carriers (;:=-197.]
charging lien. 1. An attorney's lien on a claim that the
attorney has helped the client perfect, as through a
judgment or settlement. [Cases: Attorney and Client
(;:=-171.]2. A lien on specified property in the debtor's
possession.
chattel lien. See mechanic's lien.
choate lien (koh-it). A lien in which the lienholder, the
property, and the monetary amount are established so
that the lien is perfected and nothing else needs to be
done to make it enforceable. [Cases: Internal Revenue
(;:=-4781; Liens (;:=-1, 12.]
common-law lien. 1. A lien granted by the common
law, rather than by statute, equity, or agreement by
the parties. [Cases: Liens (;:::) 1.] 2. The right of one
person to retain possession ofproperty belonging to
another until certain demands ofthe possessing party
are met. This type oflien, unlike an equitable lien,
cannot exist without possession.

1007
concurrent lien. One of two or more liens of equal
priority attaching to the same property.
construction lien. See mechanic's lien.
consummate lien (kan-s<lm-it). A judgment lien
arising after the denial of a motion for a new trial.
Cf. inchoate lien.
conventional lien. A lien that is created by the express
agreement of the parties, in circumstances in which
the law would not create a lien.
deferred lien. A lien effective at a future date, as dis
tinguished from a present lien that is currently pos
sessory.
demurrage lien (di-m<lr-ij). A carrier's lien on goods
for any unpaid demurrage charges. See DEMURRAGE.
[Cases: Shipping (';:;:> 185.]
dragnet lien. A lien that is enlarged to cover any addi
tional credit extended to the debtor by the same
creditor. [Cases: Secured Transactions C-::::> 114.J
equitable lien. A right, enforceable only in equity,
to have a demand satisfied from a particular fund
or specific property, without having possession of
the fund or property . It arises mainly in four cir
cumstances: (1) when an occupant of land, believ
ing in good faith to be the owner of that land, makes
improvements, repairs, or other expenditures that
permanently increase the land's value, (2) when one !
of two or more joint owners makes expenditures of i
that kind, (3) when a tenant for life completes per- i
manent and beneficial improvements to the estate I
begun earlier by the testator, and (4) when land or i
other property is transferred subject to the payment
of debts, legacies, portions, or annuities to third
persons. Also termed equitable levy. [Cases: Liens
(:::::: 7.]
execution lien. A lien on property seized by a levy of
execution. Such a lien gives the execution creditor
priority over later transferees of the property and
over prior unrecorded conveyances of interests in
the property. See EXECUTION (3). [Cases: Execution
(';:;:>106.]
factor's lien. A lien, usu. statutory, on property held on
consignment by a factor . It allows the factor to keep
possession of the property until the account has been
settled. See DCC  9-102(2). See FACTOR (2). lCases: !
Factors
first lien. A lien that takes priority over all other
charges or encumbrances on the same property and
that must be satisfied before other charges may share
in proceeds from the property's sale.
floating lien. 1. A lien that is expanded to cover any
additional property obtained by the debtor while the
debt is outstanding. [Cases: Secured Transactions
C=-J 116.] 2. A lien that continues to exist even when
the collateral changes in character, classification, or
location. -Also termed floating charge.
garnishment lien. A lien on a debtor's property held
by a garnishee . Such a lien attaches in favor ofthe lien
garnishing creditor when a garnishment summons is
served and also impounds any credits the garnishee
owes the debtor so that they must be paid to the gar
nishing creditor. Also termed lien ofgarnishment.
See GARNISHMENT. [Cases: Federal Civil Procedure
C-'-:::)609; Garnishment (';:;:> 106.J
general lien. A possessory lien by which the lienholder
may retain any of the debtor's goods in the lienhold
er's posseSSion until any debt due from the debtor,
whether in connection with the retained goods or oth
erwise' has been paid . Factors, insurance brokers,
packers, stockbrokers, and bankers have a general lien
over the property of their clients or customers. Cf.
particular lien.
"The usage of any trade sufficient to establish a general
lien, must ... have been so uniform and not


particular lien.
"The usage of any trade sufficient to establish a general
lien, must ... have been so uniform and notorious, as to
warrant the inference that the party against whom the right
is claimed had knowledge of it. This general lien may also
be created by express agreement; as, where one or more
persons give notice that they will not receive any property
for the purpose of their trade or bUSiness, except on condi
tion that they shall have a lien upon it, not only in respect
to the charges arising on the particular goods, but for the
general balance of account. All persons who afterwards
deal with them, with the knowledge of such notice, will be
deemed to have acceded to that agreement." 2 James Kent,
Commentaries on American Law *637 (George Comstock
ed., 11 th ed. 1866).
grantor's lien. See vendor's lien (1).
healthcare lien. A statutory lien asserted by an HMO,
insurer, medical group, or independent practice asso
ciation against those liable to the patient for damages,
to recover money paid or claim money payable for
healthcare services proVided under a healthcare
service plan or a disability insurance policy. -Also
termed medical lien. Cf. hospital lien; workers'-com
pensation lien.
hospital lien. A statutory lien asserted by a hospital to
recover the costs of emergency and ongoing medical
and other services. lhe lien applies against any
judgment, compromise, or settlement received by
a hospital patient either from a third person who
caused the patient's injuries or from the third person's
insurer. See healthcare lien. [Cases: Health ~961.]
hotelkeeper's lien. A possessory or statutory lien
allowing an innkeeper to hold, as security for
payment, personal property that a guest brought into
the hotel. Also termed innkeeper's lien. [Cases: Inn
keepers (';:;:> 13.]
inchoate lien (in-koh-it). A judgment lien that may be
defeated if the judgment is vacated or a motion for
new trial is granted. Cf. consummate lien.
innkeeper's lien. See hotelkeeper's lien.
involuntary lien. A lien arising without the debtor's
consent.
judgment lien. A lien imposed on a judgment debtor's
nonexempt property . This lien gives the judgment
creditor the right to attach the judgment debtor's
property. -Also termed lien ofjudgment. See EXEMPT

1008 lien
PROPERTY. [Cases: Federal Civil Procedure
Judgment (;::>752-802.J
judicial lien. A lien obtained by judgment, levy, seques
tration, or other legal or equitable process or pro
ceeding . Ifa debtor is adjudged to owe money to a
creditor and the judgment has not been satisfied, the
creditor can ask the court to impose a lien on specific
property owned and possessed by the debtor. After
the court imposes the lien, it usu. issues a writ direct
ing the local sheriff to seize the property, sell it, and
turn over the proceeds to the creditor. [Cases: Federal
Civil Procedure Judgment (;::>752.]
junior lien. A lien that is subordinate to one or more
other liens on the same property.
laborer's lien. See mechanic's lien.
landlord's lien. 1. At common law, a lien that gave a
landlord the right to seize a tenant's property and sell it
publicly to satisfy overdue rent. See DISTRESS. 2. Gen
erally, a statutory lien on a tenant's personal property
at the leased premises in favor of a landlord who
receives preferred-creditor status on that property .
Such a lien usu. secures the payment ofoverdue rent
or compensation for damage to the premises. [Cases:
Landlord and Tenant (;::>239-257.]
lien ofattachment. See attachment lien.
lien offactor at common law. Hist. A lien not created by
statute; a common-law lien. [Cases: Factors C;:;)47.]
lien ofgarnishment. See garnishment lien.
lien ofjudgment. See judgment lien.
manufacturer's lien. A statutory lien that secures
payment for labor or materials expended in produc
ing goods for another.
maritime lien. A lien on a vessel, given to secure the
claim ofa creditor who provided maritime services to
the vessel or who suffered an injury from the vessel's
use. Also termed tacit hypothecation. [Cases:
Maritime Liens
"The maritime lien has been described as one of the most
striking peculiarities of Admiralty law, constituting a charge
upon ships of a nature unknown alike to common law and
equity. It arises by operation of law and exists as a claim
upon the property, secret and invisible. A maritime lien
may be defined as: (1) a privileged claim, (2) upon maritime
property, (3) for service done to it or injury caused by it,
(4) accruing from the moment when the claim attaches, (5)
travelling with the property unconditionally, (6) enforced
by means of an action in rem." Griffith Price, The Law of
Maritime Liens 1 (1940).
mechanic's lien. A statutory lien that secures payment
for labor or materials supplied in improving, repair
ing, or maintaining real or personal property, such as
a building, an automobile, or the like. Also termed
artisan's lien; chattel lien (for personal property); con
struction lien (for labor);garageman's lien (for repaired
vehicles); laborer's lien (for labor); materialman's lien
(for materials). [Cases: Bailment (;::>'18(2); Mechan
ics' Liens (;::> 1.]
medical lien. See healthcare lien. mortgage lien. A lien on the mortgagor's property
securing the mortgage. [Cases: Mortgages <8::::145.]
municipal lien. A lien by a municipal corporation
against a property owner for the owner's proportion
ate share of a public improvement that specially and
indiVidually benefits the owner. [Cases: Municipal
Corporations (;::>519.J
particular lien. A possessory lien by which the pos
sessor of goods has the right to retain specific goods
until a debt incurred in connection with those goods
has been paid. - Also termed special lien. Cf. general
lien.
"A general lien is the right to retain the property of another,
for a general balance of accounts; but a particular lien is
a right to retain it only for a charge on account of labor
employed or expenses bestowed upon the identical
property detained. The former is taken strictly. but the
latter is favored in law. The right rests on principles of
natural equity and commercial necessity, and it prevents
circuitry of action, and gives security and confidence, ..." 2
James Kent, Commentaries on American Law *634 (George
Comstock ed., 11th ed. 1866),
possessory garageman's lien. A lien on a vehicle in
the amount of the repairs performed by the garage.
[Cases: Automobiles (;::>374.]
possessory lien. A lien allOWing the creditor to keep
possession of the encumbered property until the
debt is satisfied . A power of sale mayor may not
be combined with this right ofpossession. Examples
include pledges of chattels, the liens of innkeepers,
garageman's liens, and vendor's liens. See PLEDGE.
prior lien. A lien that is superior to one or more other
liens on the same property, usu. because it was per
fected first. Also termed priority lien.
retaining lien. An attorney's right to keep a client's
papers until the client has paid for the attorney's
services . The attorney's retaining lien is not rec
ognized in some states. [Cases: Attorney and Client
C=>: 171, 182(3).]
second lien. A lien that is next in rank after a first lien
on the same property and therefore is next entitled to
satisfaction out of the proceeds from the property's
sale.
secret lien. A lien not appearing ofrecord and unknown
to purchasers; a lien reserved by the vendor and kept
hidden from third parties, to secure the payment of
goods after delivery.
senior lien. A lien that has priority over other liens on
the same property.
special lien. See particular lien.
specific lien. A lien secured on a particular thing by a
contract or by a judgment, execution, attachment, or
other legal proceeding.
statutory lien. 1. A lien arising solely by force ofstatute,
not by agreement of the parties . Examples are
federal tax liens and mechanic's liens. 2. Bankruptcy.
Either of two types of liens: (1) a lien arising solely
by force of a statute on specified circumstances or

1009
conditions, or (2) a lien ofdistress for rent, whether or
not statutory . For bankruptcy purposes, a statutory
lien does not include a security interest or judicial
lien, whether or not the interest or lien arises from
or is made effective by a statute. [Cases; Bankruptcy
(;:::>2580,2583.]
superlien. See SUPERLIEN.
tax lien. 1. A lien on property, and all rights to property,
imposed by the federal government for unpaid federal
taxes. [Cases; Internal Revenue ~4765-4806.]2. A
lien on real estate in favor of a state or local govern
ment that may be foreclosed for nonpayment of taxes.
 A majority of states have adopted the Uniform
Federal Tax Lien Registration Act. [Cases: Taxation
~2730, 3553, 3696.]
vendee's lien. Real estate. A buyer's lien on the pur
chased land as security for repayment of purchase
money paid in, enforceable if the seller does not or
cannot convey good title. [Cases: Vendor and Pur
chaser (;:)337.)
vendor's lien. 1. Real estate. A seller's lien on land as
security for the purchase price . This lien may be
foreclosed in the same way as a mortgage: the buyer
usu. has a redemption period within which to pay
the full purchase price. -Also termed grantor's lien.
[Cases: Vendor and Purchaser (;:::>246.]2. A lien held
by a seller of goods, who retains possession of the
goods until the buyer has paid in full. [Cases; Sales
(;:::300.]
voluntary lien. A lien created with the debtor's
consent.
warehouser's lien. A lien covering storage charges for
goods stored with a bailee. -Also termed warehouse
man's lien. [Cases: Warehousemen ~29.]
workers'-compensation 	 lien. 1. A statutory lien,
asserted by a health care provider, to recover the costs
ofemergency and ongoing medical and other services.
 The lien applies against any workers' -compensation
benefits paid to a patient. [Cases: Workers' Compen
sation ~986.1 2. A statutory lien, asserted by a
workers' -compensation insurance carrier, against an
insured worker's recovery from a third-party tortfea
sor, to recover benefits paid to the injured worker.
Also termed workers'-compensation subrogation lien.
Cf. healthcare lien. [Cases: Workers' Compensation
(;:=2252.]
lienable, adj. (Of property) legally amenable to a lien;
capable ofbeing subject to a lien.
lien account. See ACCOUNT.
lien avoidance. Bankruptcy. A debtor's depriving a
creditor of a security interest in an asset of the bank
ruptcyestate. 11 USCA  506(d), 522(f). [Cases: Bank
ruptcy~2571-2588, 2784.]
lien creditor. See CREDITOR.
lienee (Ieen-ee or lee-dn-ee). 1. One whose property is
subject to a lien. 2. An encumbrancer who holds a lien;
LIENHOLDER. lieutenant commander
"[AJ mortgagee is the owner of the property. while a
pledgee or other lienee is merely an encumbrancer of it."
John Salmond, Jurisprudence 440 (Glanville l. Williams ed.,
10th ed. 1947).
lienholder. (1830) A person having or owning a lien.
Also termed lienor; lienee.
lien of a covenant. (1916) The beginning portion of a
covenant, stating the names ofthe parties and the char
acter of the covenant.
lien ofattachment. See attachment lien under LIEN.
lien offactor at common law. See LIEN.
lien ofgarnishment. See garnishment lien under LIEN
lien of judgment. See judgment lien under LIEN.
lienor. See LIENHOLDER.
lien-stripping. Bankruptcy. The practice of splitting a
mortgagee's secured claim into secured and unsecured
components and reducing the claim to the market value
of the debtor's residence, thereby allowing the debtor
to modify the terms of the mortgage and reduce the
amount ofthe debt.  The U.S. Supreme Court has pro
hibited lien-stripping in all Chapter 7 cases (Nobelman
v. American Savs. Bank, 508 U.S. 324, 113 S.Ct. 2106
(1993 and in Chapter 13 cases involving a debtor's
principal residence (Dewsnup v. Timm, 502 U.S. 410,
112 S.Ct. 773 (1992), and the Bankruptcy Reform Act
of 1994 modified the Bankruptcy Code to prohibit lien
stripping in Chapter 11 cases involving an individual's
principal residence. [Cases: Bankruptcy (;:::


stripping in Chapter 11 cases involving an individual's
principal residence. [Cases: Bankruptcy (;:::c2575.j
lien theory. (1882) The idea that a mortgage resembles
a lien, so that the mortgagee acquires only a lien on
the property and the mortgagor retains both legal
and equitable title unless a valid foreclosure occurs .
Most American states commonlv called lien states,
lien jurisdictions, or lien-theory ju;isdictions -have
adopted this theory. Cf. TITLE THEORY. [Cases: Mort
gages C-=> 136.]
Hen waiver. See WAIVER (2).
lieu conus (I [y]oo kon-yoo), n. [Law French] Hist. A place
generally known and noticed by those in the area ofit,
such as a castle or manor.
lieu land. See LAND.
lieutenancy. The rank, office, or commission ofa lieuten
ant. See COMMISSION OF LIEUTENANCY.
lieutenant. (14c) 1. A deputy ofor substitute for another;
one acting by vicarious authority <he sent his chief lieu
tenant to the meeting>. 2. A composite part ofthe title
ofmany government and military officials who are sub
ordinate to others, esp. when the duties of the higher
official may devolve to the subordinate <lieutenant
governor>. 3. In the U.S. Army, a commissioned officer
next below captain. 4. In the u.s. Navy, an officer next
below lieutenant commander.
lieutenant colonel. (16c) In the U.S. military, an officer
next below colonel and above major.
lieutenant commander. (1839) In the U.S. Navy, an
officer next below commander and above lieutenant.

1010 lieutenant general
lieutenant general. (16c) In the u.s. Army, an officer
next below four-star general and above major general.
lieutenant governor. (16c) A deputy or subordinate
governor, sometimes charged with such duties as pre
siding over the state legislature, but esp. important as
the governor's successor if the governor dies, resigns,
or becomes disabled. [Cases: States (;::::>42.]
life annuity. See ANNUITY.
life beneficiary. See BENEFICIARY.
life-care contract. (1950) An agreement in which one
party is assured of care and maintenance for life in
exchange for transferring property to the other party.
Cf. CORODY.
life estate. See ESTATE (1).
life estate pur autre vie. See ESTATE (1).
life expectancy. 1. The period that a person ofa given age
and sex is expected to live, according to actuarial tables.
[Cases: Evidence (:::;;364.] 2. The period that a given
person is expected to live, taking into account indi
vidualized characteristics such as heredity, past and
present diseases, and other relevant medical data. See
ACTUARIAL TABLE; LIFE TABLE. [Cases: Death
life-hold. See life land under LAND.
Hfe in being. (1836) Under the rule against perpetuities,
anyone alive when a future interest is created, whether
or 'not the person has an interest in the estate. See IN
BEING; RULE AGAINST PERPETUITIES. Cf. MEASURING
LIFE. [Cases: Perpetuities
life-income periodcertain annuity. See ANNUITY.
life insurance. (1809) An agreement between an insur
ance company and the policyholder to pay a specified
amount to a designated beneficiary on the insured's
death. Also termed (in Britain) assurance. See
ASSURANCE (2). [Cases: Insurance 1011.]
"Life and accident insurance has been defined as a contract
whereby one party. for a stipulated consideration, agrees to
indemnify another against injury by accident or death from
any cause not excepted in the contract. Strictly speaking,
however, a contract of life insurance is not one of indem
nity, but is an absolute engagement to pay a certain sum
at the end of a definite or indefinite time." 43 Am. Jur. 2d
Insurance  3 (1982).
corporate-owned life insurance. A life-insurance
policy bought by a company on an employee's life,
naming the company as beneficiary. Abbr. COLI.
credit life insurance. Life insurance on a borrower, usu.
in a consumer installment loan, in which the amount
due is paid if the borrower dies. [Cases: Insurance
(;::::> 101 L]
decreasing-term life insurance. See decreasing term
insurance under INSURANCE.
endowment life insurance. Life insurance that is
payable either to the insured at the end of the policy
period or to the insured's beneficiary if the insured
dies before the period ends. Also termed endow
ment insurance. industrial life insurance. Life insurance characterized
by (1) a small death benefit (usu. $2,000 or less), (2)
premium payments that are due weekly, biweekly,
or monthly and that are collected at home by the
insurer's representative, and (3) no required medical
examination ofthe insured. -Sometimes shortened
to industrial insurance.
joint life insurance. (1920) Life insurance on two or
more persons, payable to the survivor or survivors
when one ofthe policyholders dies.
key-employee life insurance. Life insurance taken out
by a company on an essential or valuable employee,
with the company as beneficiary. Also termed key
employee insurance; key-man insurance; key-person
insurance; key-executive insurance. [Cases: Insurance
(:::;;, 1791(5).]
last-survivor life insurance. Life insurance on two
or more persons, payable after all the insureds have
died. -Also termed last-survivor insurance.
limited-payment life insurance. Life insurance that
requires premium payments for less than the life of
the agreement.
national-service life insurance. Life insurance avail
able to a person in active U.S. military service on or
after October 8, 1940, and issuable at favorable rates.
 This insurance was established by the National
Service Life Insurance Act of 1940, and is regulated
by the Administrator of Veterans Affairs. 38 USCA
 1901-1929. [Cases: Armed Services
ordinary life insurance. 1. Life insurance having an
investment-sensitive cash value, such as whole life
insurance or universal life insurance. Ordinary
insurance is one ofthree main categories oflife insur
ance. -Often shortened to ordinary insurance. Cf.
group insurance; industrial life insurance. 2. See whole
life insurance.
partnership life insurance. See partnership insurance
(1) under INSURANCE.
single-premium life insurance. Life insurance that
is paid for in one installment rather than a series of
premiums over time. -Also termed single-premium
insurance. [Cases: Insurance G::::)2014.]
split-dollar life insurance. An arrangement between
two people (often an employer and employee) by
which life insurance is written on the life of one,
though both share the premium payments. On the
insured's death or other event terminating the plan,
the noninsured person receives the cash value ofthe
insurance as reimbursement, and the beneficiary
named by the insured is entitled to the remainder.
Also termed split-dollar insurance. [Cases: Insurance
(;::::> 1011,2037.]
straight life insurance. See whole life insurance.
term life insurance. Life insurance that covers the
insured for only a specified period . It pays a fixed
benefit to a named beneficiary upon the insured's
death but is not redeemable for a cash value during

1011
the insured's life. Cf. whole life insurance. [Cases:
Insurance <.':;=> 1011,2037,2425.]
universal life insurance. Term life insurance in which
the premiums are paid from the insured's earnings
from a money-market fund. [Cases: Insurance <.r':::J
1011.]
variable life insurance. Life insurance in which the
premiums are invested in securities and whose
death benefits thus depend on the securities' perfor
mance, though there is a minimum guaranteed death
benefit.
whole life insurance. Life insurance that covers an
insured for life, during which the insured pays fixed
premiums, accumulates savings from an invested
portion of the premiums, and receives a guaranteed
benefit upon death, to be paid to a named beneficiary.
 Such a policy may provide that at a stated time,
premiums will end or benefits will increase. -Also
termed ordinary life insurance; straight life insurance.
Cf. term life insurance. [Cases: Insurance 1011,
2037.]
life-insurance trust. See TRUST.
life interest. (I8c) An interest in real or personal property
measured by the duration of the holder's or another
named person's life. See life estate under ESTATE (1).
[Cases: Life Estates (:::::> 1.]
life land. See LAND.
lifelode. See LIVELODE.
life of a writ. The effective period during which a writ
may be levied . That period usu. ends on the day
that the law or the writ itself provides that it must be
returned to court.
life-owner. See LIFE TENANT.
life peerage. English law. The grant of the noble title of
baron to a person for life, offered through letters patent.
 The Life Peerages Act of 1958 first allowed this and
removed the disqualifications of women from serving
in the House of Lords. See PEER.
life policy. See INSURANCE POLICY.
life-prolonging procedure. See LIFE-SUSTAINING PRO
CEDVRE.
life-qualified jury. See JURY.
lifer. See NONREMOVABLE INMATE.
liferent. Scots law. The right to use and enjoy during
a lifetime the property of another (the fiar) without
consuming its substance. Also spelled life-rent. See
VSUFRVCT.
liferentrix. Archaic. A woman who has a liferent.
life sentence. See SENTENCE.
life settlement. See viaticai settlement under SETTLE
MENT.
life-sustaining procedure. (1976) A medical procedure
that uses mechanical or artificial means to sustain,
restore, or substitute for a vital function and that serves lighterage
only or mainly to postpone death. -Also termed life
prolonging procedure. [Cases: Health (:::::>913.J
life table. An actuarial table that gives the probable pro
portions of people who will live to different ages. Cf.
ACTVARIAL TABLE. [Cases: Death C'd65; EvidenceC=
364.]
life tenancy. See life estate under ESTATE (1).
life tenant. (16c) A person who, until death, is benefi
cially entitled to property; the holder ofa life estate.
Also termed tenant for life; life-owner. See life estate
under ESTATE (1). [Cases: Life Estates
equitable life tenant. (1880) A life tenant not automati
cally entitled to possession but who makes an election
allowed by law to a person of that status such as a
spouse and to whom a court will normally grant
posseSSion if security or an undertaking is given.
[Cases: Life Estates Cr'J 1,6.]
legal life tenant. (1886) A life tenant who is automati
cally entitled to possession by virtue ofa legal estate.
[Cases: Life Estates
lifetime gift. See inter vivos gift under GIFT.
LIFO (lI-foh). abbr. LAST-IN, FIRST-OUT.
lift, vb. (16c) 1. To stop or put an end to; to revoke or
rescind <lift the stay>. 2. To discharge or payoff (a debt
or obligation) <lift a mortgage>. [Cases: Mortgages
298(1).] 3. Slang. To steal <lift a purse>.
lifting costs. Oil & gas. The cost of producing oil and
gas after drilling is complete but before the oil and gas
is removed from the property, including transporta
tion costs, labor, costs ofsupervision, supplies, costs of
operating the pumps, electricity, repairs, depreciation,
certain royalties payable to the lessor, gross-production
taxes, and other incidental expenses.
liga (lee-ga), n. [Law Latin] Hist. A league or confedera
tion.
ligan (II-gan), n. See LAGAN .
ligare (la-gair-ee), vb. [Latin] Hist. 1. To tie or bind. 2.
To enter into a treaty or league.
ligea (lee-jee-a), n. [Law Latin] Rist. A female subject; a
liege woman. See LIEGE (1).
ligeance (II-jants or lee-jants). Rist. 1. The obedience of
a citizen to the citizen's sovereign or government; alle
giance. 2. The territory of a state or sovereign. -Also
spelled liegeance. See LIEGE. [Cases: International Law
(:::::> 10.3.J
"Uegeance is a true and faithful obedience of the subject
due to his sovereign; and this liegeance, which is an
incident inseparable to every subject, is in four manners;
the first is natural, the second acquired, the third local, and
the fourth legal." Termes de fa Ley280 (lst Am. ed. 1812).
ligen, n. See LAGAN.
ligeus (lee-jee-as), n. [Law Latin] Rist. A male subject; a
liege man. See LIEGE (1).
light-and-air easement. See EASEMENT.
lighterage (lI-tar-ij). 1. The loading and unloading of
goods between a ship and a smaller vessel, called a

1012 light most favorable
lighter, that is able to use a restricted port or dock.
[Cases: Shipping 134,141.]


lighter, that is able to use a restricted port or dock.
[Cases: Shipping 134,141.] 2. The compensa
tion paid for this service. Shipping C=> 147.] 3.
The loading and unloading offreight between a railroad
car and a ship's side.
light most favorable. (1861) The standard of scrutiniz
ing or interpreting a verdict by accepting as true all
evidence and inferences that support it and disregard
ing all contrary evidence and inferences <in reviewing
the defendant's motion for judgment notwithstand
ing the verdict, the court reviewed the evidence in the
light most favorable to the verdict>. Also termed
most favorable light. [Cases: Federal Civil Procedure
C=>2543,2609.]
lights, ancient. See ANCIENT-LIGHTS DOCTRINE.
light work. See WORK (1).
ligia et non ligia (Hj-ee-a et non lij-ee-a). [Law Latin]
Scots law. Liege and nonliege. A liege fee was held
under the Crown while a nonliege fee was held under
a vassal ofthe Crown. See LIEGE.
ligius (lee-jee-as), n. [Law Latin] Hist. A person bound
to another by solemn relationship, as between subject
and sovereign. See LIEGE.
lignagium (lig-nay-jee-am), n. [Law Latin] Hist. 1. A
right to cut firewood. 2. The payment for this right.
ligula (lig-ya-lil), n. [Law Latin] Hist. A copy or transcript
ofa court roll or deed.
like, adj. (12c) 1. Equal in quantity, quality, or degree;
corresponding exactly <like copies>. 2. Similar or sub
stantially similar dike character>.
like-kind exchange. (1963) An exchange of trade,
business, or investment property (except inventory or
securities) for property ofthe same kind, class, or char
acter. Such an exchange is not taxable unless cash
or other property is received. IRC DSCA)  1031).
[Cases: Internal Revenue
like-kind property. (1946) Tax. Property that is ofsuch
a similar kind, class, or character to other property that
a gain from an exchange of the property is not recog
nized for federal income-tax purposes. See LIKE-KIND
EXCHANGE. [Cases: Internal Revenue (~3184.1
likelihood-of-confusion test. Trademarks. A test for
trademark infringement, based on the probability that
a substantial number ofordinarily prudent buyers will
be misled or confused about the source of a product.
[Cases: Trademarks C=> 1080.]
likelihood-of-success-on-the-merits test. Civil proce
dure. The rule that a litigant who seeks a preliminary
injunction, or seeks to forestall the effects ofa judgment
during appeal, must show a reasonable probability of
success in the litigation or appeal.
limbo time. The period when an employee is neither on
duty nor off duty, as a railroad worker awaiting trans
portation from a duty assignment to the place of final
release. 49 USC A  21l03(b)(4); Brotherhood ofLoco
motive Eng'rs v. Atchison, Topeka & Santa Fe R.R., 516
U.S. 152, 116 S.Ct. 595 (1996). limenarcha (lim-;m-ahr-ka), n. [Latin] Roman law. An
officer in charge ofa harbor or frontier post.
limine. See IN LIMINE.
limine out (lim-a-nee), vb. (1997) (Of a court) to exclude
(evidence) by granting a motion in limine <the trial
judge limined out most of the plaintiff's medical
records>.
limit, n. (14c) 1. A restriction or restraint. 2. A boundary
or defining line. 3. The extent ofpower, right, or author
ity. -limit, vb. limited, adj.
limitation. (14c) 1. The act oflimiting; the state ofbeing
limited. 2. A restriction. 3. A statutory period after
which a lawsuit or prosecution cannot be brought in
court. Also termed limitations period; limitation
period; limitation ofaction See STATUTE OF LIMITA
TIONS. Cf. LACHES. [Cases: Criminal LawC= 145.5-160;
Limitation ofActions C=>1.]4. Property. The restriction
ofthe extent ofan estate; the creation by deed or devise
ofa lesser estate out ofa fee Simple. See WORDS OF LIMI
TATION. [Cases: Deeds C=>124-134; Wills C=>616.]
collateral limitation. Hist. A limitation that makes
the duration ofan estate dependent on another event
(other than the life of the grantee), such as an estate
to A until B turns 21.
conditional limitation. (18c) 1. See executory limita
tion. 2. A lease provision that automatically termi
nates the lease if a specified event occurs, such as if
the lessee defaults. [Cases: Landlord and Tenant
103(1).]
executory limitation. (18c) A restriction that causes an
estate to automatically end and revest in a third party
upon the happening ofa specified event . This type
oflimitation, which was not recognized at common
law, can be created only as a shifting use or an execu
tory devise. It is a condition subsequent in favor of
someone other than the transferor. -Also termed
conditional limitation. See fee simple subject to an
executory limitation under FEE SIMPLE.
"When a condition subsequent is created in favor of
someone other than the transferor, the Restatement of
Property calls the condition subsequent an executory
limitation. It calls A's estate an estate in fee simple subject
to an executory limitation." Thomas F. Bergin & Paul G.
Haskell, Preface to Estates in Land and Future Interests 52
(2d ed. 1984).
limitation over. (17c) An additional estate created or
contemplated in a conveyance, to be enjoyed after the
first estate expires or is exhausted . An example of
language giving rise to a limitation over is "to A for
life, remainder to B. [Cases: Deeds C=>124-134.]
special limitation. (17c) A restriction that causes an
estate to end automatically and revert to the grantor
upon the happening ofa specified event. Seefee simple
determinable under FEE SIMPLE. [Cases: Deeds C=>
125, 126, 130.J
"[I]f a deed or will uses such words as 'for so long as,'
'while,' 'during,' or 'until' to introduce the circumstances
under which an estate may end prior to its running its
maximum course, it is generally assumed that a special

1013
limitation was intended," Thomas F. Bergin & Paul G.
Haskell, Preface to Estates in Land and Future Interests 50
(2d ed. 1984),
supplanting limitation. A limitation involving a sec
ondary gift that is expressed in a clause following the
original gift and that is typically introduced by the
words "but if," "and if," or "in case."
5. ELEMENT (2).
limitation of action. See LIMITATION (3).
limitation ofassize. Hist. A period prescribed by statute
within which a person is required to allege that the
person was properly seised oflands sued for under a
writ ofassize.
limitation-of-damages clause. (1933) A contractual
provision by which the parties agree on a maximum
amount of damages recoverable for a future breach
of the agreement. Cf. LIQUIDATED-DAMAGES CLAUSE.
[Cases: Damages (;:::>76.]
limitation-of-liabilityact. (1897) A federal or state law
that limits the type of damages that may be recov
ered, the liability of particular persons or groups, or
the time during which an action may be brought. See
FEDERAL TORT CLAIMS ACT; sovereign immunity under
IMMUNITY (1). [Cases: Shipping (;:::>203.]
limitation-of-remedies clause. (1974) A contractual
provision that restricts the remedies available to the
parties if a party defaults. _ Under the uec, such a
clause is valid unless it fails ofits essential purpose or it
unconscionably limits consequential damages. Cf. LIQ
UIDATED-DAMAGES CLAUSE; PENALTY CLAUSE. [Cases:
Contracts (;:::>206; Sales (;:::>418(6),426.]
limitation on indebtedness. See DEBT LIMITATION.
limitation period. See LIMITATION (3).
limitations, statute of. See STATUTE OF LIMITATIONS.
limitations period. 1. See LIMITATION (3). 2. See STATUTE
OF LIMITATIONS.
limit debate. Parliamentary law. To set a limit on how
long debate may continue, or on the number and length
of speeches. See DEBATE. Cf. CLOSE DEBATE; EXTEND
DEBATE.
limited administration. See ADMINISTRATION.
limited admissibility. See ADMISSIBILITY.
limited appeal. See APPEAL.
limited appearance. See special appearance under
APPEARANCE.
limited-capacity well. See WELL.
limited certiorari. See narrow certiorari under CERTIO
RARI.
limited company. See COMPANY.
limited court. See COURT.
limited debate. See DEBATE.
limited defense. See personal defense under DEFENSE
(4). limit of liability
limited-dividend housing association. An independent
entity formed by housing developers and used for bor
rowing funds from a public agency. -The developers
invest in the association, agree to limit the return on
their investment to a prescribed percentage, and rent
a defined portion of the housing units to persons of
low and moderate income. In exchange the govern
ment lender charges a below-market interest rate, sub
sidizes rents or interest rates, and may grant other tax
benefits.
limited divorce. See DIVORCE.
limited executor. See EXECUTOR.
limited fee. See base fee under FEE (2).
limited guaranty. See GUARANTY.
limited interdict. See INTERDICT (2).
limited interdiction. See partial interdiction under
INTERDICTION (3).
limited interpretation. See restrictive interpretation
under INTERPRETATION.
limited jurisdiction. See JURISDICTION.
limited liability. See LIABILITY.
limited-liability company. See COMPANY.
limited-liability corporation. See limited-liability
company under COMPANY.
limited-liability partnership. See PARTNERSHIP.
limited license. See LICENSE (2).
limited-market property. See special-purpose property
under PROPERTY.
limited member. See nonvoting member under
MEMBER.
limited monarchy. See MONARCHY.
limited owner. See OWNER.
limited partner. See PARTNER.
limited partnership. See PARTNERSHIP.
limited partnership association. See PARTNERSHIP
ASSOCIATION.
limited-payment life insurance. See LIFE INSURANCE.
limited policy. See INSURANCE POLICY.
limited-policy insurance. See INSURANCE.
limited power ofappointment. See POWER OF APPOINT
MENT.
limited publication. See PUBLICATION.
limited public forum. See deSignated public forum under
PUBLIC FORUM.
limited-purpose marriage. See MARRIAGE (1).
limited-purpose public figure. See PUBLIC FIGURE.
limited trust. See TRUST.
limited veto. See qualified veto under VETO.
limited voting. See VOTING.
limited warranty. See WARRANTY (2).
limit ofliability. See LIABILITY LIMIT.

limit order. See ORDER (8).
Lincoln's Inn. One of the Inns of Court. See INN OF
COURT (1).
Lindbergh Act. See FEDERAL KIDNAPPING ACT.
line, n. (14c) 1. A demarcation, border, or limit <the line
between right and wrong>. 2. A person's occupation or
business <what line of business is Watson in?>. 3. In
manufacturing, a series of closely related products. 4.
The ancestry ofa person; lineage <the Fergusons came
from a long line of wheat farmers>.
collateral line. (16c) A line of descent connecting
persons who are not directly related to each other as
ascendants or descendants, but who are descendants
ofa common ancestor. [Cases: Descent and Distribu
tion ~32,37.]
direct line. (17c) A line ofdescent traced through only
those persons who are related to each other directly
as ascendants or descendants. [Cases: Descent and
Distribution ~2S.1
maternal line. (17c) A person's ancestry or relationship
with another traced through the mother.
paternal line. (17c) A person's ancestry or relationship
with another traced through the father.
linea (lin-ee-J), n. [Latin "line"] Hist. A line ofdescent.
linea directa (lin-ee-J dJ-rek-tJ). [Latin "direct line"]
Roman law. The relationship among persons in the
direct line ofascent and descent, such as grandfather,
father, and son. -Also termed linea recta.
linea transversa (lin-ee-J trans-vJr-s-J). [Latin "trans
verse line"] Roman law. The relationship between
persons in collateral lines of descent, such as uncle
and nephew. -Also termed linea obliqua.
lineage (lin-ee-Jj). (14c) Ancestry and progeny; family,
ascending or descending.
lineal (lin-ee-JI), adj. (lSc) Derived from or relating to
common ancestors, esp. in a direct line; hereditary. Cf.
COLLATERAL (2). [Cases: Descent and Distribution ~
2S.]
lineal, n. (l8c) A lineal descendant; a direct blood
relative.
lineal ascendant. See ASCENDANT.
lineal consanguinity. See CONSANGUINITY.
lineal descendant. See DESCENDANT.
lineal descent


lineal consanguinity. See CONSANGUINITY.
lineal descendant. See DESCENDANT.
lineal descent. See DESCENT.
lineal heir. See HEIR.
lineal warranty. See WARRANTY (1).
linea obliqua. See linea transversa under LINEA.
linea recta. See linea directa under LINEA.
line item. See ITEM.
line-item veto. See VETO.
line ofcredit. (1917) The maximum amount ofborrow
ing power extended to a borrower by a given lender, to be drawn upon by the borrower as needed. -Also
termed credit line.
line ofdemarcation. See DEMARCATION LINE.
line of title. See CHAIN OF TITLE (1).
lines and corners. See METES AND BOUNDS.
lineup. (191S) A police identification procedure in which
a criminal suspect and other physically similar persons
are shown to the victim or a witness to determine
whether the suspect can be identified as the perpetra
tor of the crime. -Also termed (in BrE) identification
parade. Cf. SHOWUP. [Cases: Criminal Law <::=339.8.]
Lingle test. Labor law. A test for determining whether a
union member's state-law claim against the employer
is preempted by the Labor-Management Relations
Act, the controlling principle being that if the state
law claim can be resolved without interpreting the
collective-bargaining agreement, then there is no pre
emption. Lingle v. Norge Division ofMagic Chef, Inc.,
486 U.S. 399, 108 S.Ct. 1877 (1988). See MARCUS MODEL;
WHITE MODEL.
linguistic profiling. Profiling based on vocal charac
teristics that suggest a speaker's race, sex, or national,
ethnic, or regional origin. This type of profiling
occurs when the speaker is not visible but can be heard,
as in a telephone conversation or voice message. Cf.
RACIAL PROFILING.
link, n. (1Sc) 1. A unit in a connected series; something
that binds separate things <link in the chain of title>.
2. A unit ofland measurement <one link equals 7.92
inches>. 3. See HYPERLINK.
link financing. See FINANCING.
link-in-chain principle. (1962) Criminal procedure. The
principle that a criminal defendant's Fifth Amendment
right against self-incrimination protects the defendant
not only from answering directly incriminating ques
tions but also from giving answers that might connect
the defendant to criminal activity in the chain of
evidence. [Cases: Criminal Law ~393.]
LIP. abbr. LEGALLY INCAPACITATED PERSON.
liquere (li-kweer-ee), vb. [Latin] Roman law. To be clear,
evident, or apparent. When a judex appointed to try
a civil case swore under oath sibi non liquere ("that it
was not clear to him"), he would be discharged from
deciding the case. See NON LIQUET.
liquid, adj. (1879) 1. (Of an asset) capable ofbeing readily
converted into cash. 2. (Of a person or entity) possess
ing assets that can be readily converted into cash.
liquid asset. See current asset under ASSET.
liquidate, vb. (l6c) 1. To settle (an obligation) by payment
or other adjustment; to extinguish (a debt). 2. To ascer
tain the precise amount of (debt, damages, etc.) by liti
gation or agreement. 3. To determine the liabilities and
distribute the assets of (an entity), esp. in bankruptcy or
dissolution. 4. To convert (a nonliquid asset) into cash.
5. To wind up the affairs of (a corporation, business,
etc.). 6. Slang. To get rid of (a person), esp. by killing.

1015
liquidated, adj. (18c) 1. (Of an amount or debt) settled
or determined, esp. by agreement. 2. (Of an asset or
assets) converted into cash.
liquidated account. See ACCOUNT.
liquidated amount. A figure readily computed, based
on an agreement's terms.
liquidated claim. See CLAIM (3).
liquidated damages. See DAMAGES.
liquidated-damages clause. (1873) A contractual pro
vision that determines in advance the measure of
damages if a party breaches the agreement . Tradi
tionally, courts have upheld such a clause unless the
agreed-on sum is deemed a penalty for one ofthe fol
lowing reasons: (1) the sum grossly exceeds the probable
damages on breach, (2) the same sum is made payable
for any variety ofdifferent breaches (some major, some
minor), or (3) a mere delay in payment has been listed
among the events ofdefault. Cf. LIMITATION-OF-REM
EDIES CLAUSE; PENALTY CLAUSE. [Cases: Damages
74-84.]
liquidated debt. See DEBT.
liquidated demand. See liqUidated claim under CLAIM
(3).
liquidating distribution. See DISTRIBUTION.
liquidating dividend. See liqUidation dividend under
DIVIDEND.
liquidating partner. See PARTNER.
liquidating price. See redemption price under PRICE.
liquidating trust. See TRUST.
liquidation, n. (16c) L The act ofdetermining by agree
ment or by litigation the exact amount ofsomething (as
a debt or damages) that before was uncertain. 2. The
act of settling a debt by payment or other satisfaction.
3. The act or process of converting assets into cash, esp.
to settle debts.
one-month liquidation. A special election, available to
certain shareholders, that determines how the distri
butions received in liquidation by electing sharehold
ers will be treated for federal income-tax purposes .
To qualify for the election, the corporation must be
completely liqUidated within one month. IRC  333.
partial liquidation. A liquidation that does not com
pletely dispose of a company's assets; esp., a liq
uidation occurring when some corporate assets
are distributed to shareholders (usu. on a pro rata
basiS) and the corporation continues to operate in a
restricted form. [Cases: Internal Revenue (::::::;3820.]
twelve-month liquidation. A liquidation occurring
within 12 months from adoption of the liqUidation
plan to complete liquidation, subject to a tax law pro
hibiting the company from recognizing any gains
or losses on property sold within that time frame.
 Generally, inventory will not be included unless a
bulk sale occurs. IRC  337. [Cases: Internal Revenue
(::::::;3698,3711.] lis pendens
4. Bankruptcy. The process -under Chapter 7 of the
Bankruptcy Code ofcollecting a debtor's nonexempt
property, converting that property to cash, and distrib
uting the cash to the various creditors . Upon liqui
dation, the debtor hopes to obtain a discharge, which
releases the debtor from any further personal liability
for prebankruptcy debts. See CHAPTER 7. Cf. REHABILI
TATION (3). [Cases: Bankruptcy C;:)2251.]
liquidation bankruptcy. See CHAPTER 7 (2).
liquidation court. See COURT.
liquidation dividend. See DIVIDEND.
liquidation preference. See PREFERENCE.
liquidation price. See PRICE.
liquidation value. See VALL'E (2).
liquidator. (1858) A person appointed to wind up a busi
ness's affairs, esp. by selling offits assets. See LIQUIDA
TION (3), (4). Cf. RECEIVER.
liquid debt. See DEBT.
liquidity.!. The quality or state ofbeing readily convert
ible to cash. 2. Securities. The characteristic of having
enough units in the market that large transactions can
occur without substantial price variations . Most
stocks traded on the New York Stock Exchange, for
example, have liquidity.
liquidity ratio. The ratio between a person's or entity's
assets that are held in cash or liquid form and the
amount of the person's or entity's current liabilities,
indicating the ability to pay current debts as they come
due.
liquor offense. See OFFENSE (1).
lis (lis). [Latin] (17c) A piece of litigation; a controversy
or dispute.
lis alibi pendens (lis a!-J-bl pen-dJnz). [Latin] l. A
lawsuit pending elsewhere. 2. Hist. A preliminary
defense that a case involVing the same parties and
the same subject is pending in another court. See LIS
PENDENS.
lis estsopita (lis est sJ-pr-tJ). [Latin] Hist. The suit is con
cluded; the issues in a case are decided. -Also termed
lis estfin ita (lis est fi-nr-tJ).
lis mota (lis moh-tJ), n. [Latin "a lawsuit moved"] Hist.
A dispute that has begun and later forms the basis of
a lawsuit.
lis pendens (lis pen-dJnz). [Latin] (17c) 1. A pending
lawsuit. 2. The jurisdiction, power, or control
acquired by a court over property while a legal action
is pending. 3. A notice, recorded in the chain of title
to real property, required or permitted in some juris
dictions to warn all persons that certain property is
the subject matter oflitigation, and that any interests
acquired during the pendency of the suit are subject
to its outcome. Also termed (in sense 3) notice oflis
pendens; notice ofpendency. Cf. PENDENTE LITE. [Cases:
Lis Pendens (::::::;1, 12.1.]

list, n. (13c) 1. A roll or register, as ofnames. 2. A docket
of cases ready for hearing or trial. See CALENDAR (2);
DOCKET.
list, vb. (bef. 12c) 1. To set down or enter (information)
in a list. 2. To register (a security) on an exchange so
that it may be publicly traded. 3. To place (property)
for sale under an agreement with a real-estate agent
or broker.
listed security. See SECURITY.
listed security exchange. An organized secondary
security market operating at a designated location, such
as the New York Stock Exchange.
listed species. See candidate species under SPECIES (1).
listed stock. See listed security under SECURITY.
lister. A person authorized to compile lists of taxable
property for assessment and appraisal; an assessor.
listing. (1891) 1. Real estate. An agreement between a
property owner and an agent, whereby the agent agrees
to try to secure a buyer or tenant for a specific property
at a certain price and terms in return for a fee or com
mission. -Also termed listing agreement; authoriza
tion to sell. [Cases: Brokers C=:c40.]
exclusive-agency listing. A listing providing that one
agent has the right to be the only person, other than the
owner, to sell the property during a specified period.
Also termed exclusive listing; exclusive-authorization
to-sell listing. [Cases: Brokers C=:c40, 46.]
general listing. See open listing.
multiple listing. A listing providing that the agent will
allow other agents to try to sell the property . Under
this agreement, the original agent gives the selling
agent a percentage of the commission or some other
stipulated amount. [Cases: Brokers C=:c40, 66.]
net listing. A listing providing that the agent agrees to
sell the owner's property for a set minimum price,
any amount over the minimum being retained by the
agent as commission. -Also termed net sale contract.
[Cases: Brokers C=:c40.]
open listing. A listing that allows selling rights to be
given to more than one agent at a time, obligates the
owner to pay a commission when a specified broker
makes a sale, and reserves the owner's right to per
sonally sell the property without paying a commis
sion. -Also termed nonexclusive listing; general
listing; simple listing. [Cases: Brokers C=:c46.]
2. Securities. The contract between a firm and a stock
exchange by which the trading of the firm's securities
on the exchange is handled. See listed security under
SECURITY. [Cases: Exchanges C=:c 13.10.]
dual listing. The listing ofa security on more than one
exchange.
3. Tax. The creation of a schedule or inventory of a
person's taxable property; the list of a person's taxable
property. [Cases: Taxation C=:c2462, 2493.]
listing agent. See AGENT (2). listing agreement. See LISTING (1).
list of creditors. (1818) A schedule giving the names
and addresses of creditors, along with amounts owed
them. This list is required in a bankruptcy proceed
ing. [Cases: Bankruptcy C=:c2324.]
list price. See PRICE.
litem (h-tem or -t<:lm). See AD LITEM.
litem denuntiare (h-tem d<:l-n<:ln-shee-air-ee). [Latin
"to announce a suit"] Roman law. 1. The summoning
of a defendant by a magistrate exercising cognitio in
the late classical period. 2. The notification by a buyer
to the seller of a claim by a third party to the things
sold. -Also spelled litem denunciare. Cf. LITIS DENUN
TIATIO.
litem suam facere (h-tem s[y]oo-<:lm fay-s<:l-ree). [Latin
"to make a suit one's own"] Roman law. (Of a judex)
to fail in his official duty through imprudence, such
as not adhering to the formula, or not following due
procedure. This failure amounted to misconduct in
the judex's duties, and a litigant was given a private
action against him. The scope ofactionable misconduct
is not certain. It included not obeying the formula and
not adjourning the trial properly, but it may also have
included overt