: 'Whoever hath an absolute
authority to interpret any written or spoken laws, it is he
who is truly the Lawgiverto all intents and purposes, and Law Lord
not the person who first wrote or spoke them.''' Lon L.
Fuller, Anatomy of the Law 23-24 (1968).
law guardian. See guardian ad litem under GUARDIAN.
law-hand. Hist. An outmoded rococo method of hand
writing once used by scribes in preparing legal docu
ments.
law in action. The law as applied in the day-to-day
workings of the legal system, as opposed to the law
found in books. -Sometimes written law-in-action.
See LEGAL REALISM. Cf. LAW IN BOOKS.
law in books. The legal rules to be found in texts; esp.,
sterile, oft-repeated rules that seem to depart from the
way in which the law actually operates in the day-to
day workings of the legal system. -Sometimes written
law-in-books. Cf. LAW IN ACTION.
law in literature. See LAW AND LITERATURE (1).
law journal. 1. A legal periodical or magazine, esp. one
published by a bar association. Abbr. 1.1. 2. LAW
REVIEW (1).
Law Latin. (16c) A corrupted form of Latin formerly
used in law and legal documents, including judicial
writs, royal charters, and private deeds. _ It primar
ily consists of a mixture of Latin, French, and English
words used in English sentence structures. -Abbr.
L.L.; L. Lat. Also written law Latin.
"LAW LATIN. A technical kind of Latin, in which the pleadings
and proceedings of the English courts were enrolled and
recorded from a very early period to the reign of George
II .... The principal peculiarities of this language consist
first, in its construction, which is adapted so closely to the
English idiom as to answer to it sometimes word for word;
and, secondly, in the use of numerous words 'not allowed
by grammarians nor having any countenance of Latin,' but
framed from the English by merely adding a Latin termina
tion, as murdrumfrom murder ...." 2 Alexander M. Burrill,
A Law Dictionary and Glossary 135 (2d ed. 1867).
"Law Latin, sometimes formerly called 'dog Latin,' is the
bastardized or debased Latin formerly used in law and
legal documents. For the most part, we have escaped its
clutches. In 1730, Parliament abolished Law Latin in legal
proceedings, but two years later found it necessary to
allow Latin phrases that had previously been in common
use, such as fieri facias, habeas corpus, ne exeat, and nisi
prius. As Blackstone would later say, some Latinisms were
'not ... capable of an English dress with any degree of serio
ousness.' 3 William Blackstone. Commentaries 323 (1768)."
Bryan A. Garner, A Dictionarv ofModern Legal Usage 505
(2d ed. 1995).
law list. (ISc) 1. A published compilation of the names
and addresses of practicing lawyers and other infor
mation of interest to the profession, such as legal
organizations, court calendars, rosters of specialists,
court reporters, and the like. 2. A legal directory that
provides biographical information about lawyers, such
as Martindale-Hubbell. -Many states and large cities
have law lists or directories. See MARTINDALE-HUBBELL
LAW DIRECTORY.
Law Lord. (I8c) A member of the appellate committee
ofthe House of Lords, consisting ofthe Lord Chancel
lor, the salaried Lords ofAppeal in Ordinary, and any
peer who holds or has held high judicial office. Also
written law lord.

966 lawmaker
lawmaker. See LEGISLATOR.
lawmaking. See LEGISLATION (1).
law martial. See MARTIAL LAW.
law merchant. A system ofcustomary law that developed
in Europe during the Middle Ages and regulated the
dealings ofmariners and merchants in all the com
mercial countries ofthe world until the 17th century .
Many ofthe law merchant's principles came to be incor
porated into the common law, which in turn formed the
basis ofthe Uniform Commercial Code. Also termed
commercial law; lex mercatoria.
lawnote. See NOTE (2).
law ofa general nature. See general law under LAW.
law ofarms. See ARMS, LAW OF.
law ofcapture. See RULE OF CAPTURE.
law ofCitations. See CITATIONS, LAW OF.
law ofcompetence. A law establishing and defining the
powers ofa government official, including the circum
stances under which the official's pronouncements con
stitute laws. -Also termed power-delegating law. See
jural act under ACT; JURAL AGENT. [Cases: Officers and
Public Employees (;::::; 103.J
law ofdeceit. Hist. The body of 19th-century common
law torts that developed into the modern laws oftrade
mark, securities fraud, deceptive trade practices, and
unfair competition.
law ofevidence. See EVIDENCE (4).
law officer. 1. A police officer, sheriff, or other person
with law-enforcement authority. 2. In most common
law jurisdictions, a senior administrator ofjustice, such
as an attorney general, solicitor general, or other high
level minister or officer ofjustice.
law of Langobardi. See LOMBARD LAW.
law of Lombardy. See LOMBARD LAW.
law ofmarque (mahrk). A rule of reprisal allOWing one
who has been wronged but cannot obtain justice to take
the goods ofthe wrongdoer found within the wronged
person's precinct, in satisfaction ofthe wrong.
law of nations. See INTERNATIONAL LAW.
law of nature. See NATURAL LAW.
law of nature and nations. See INTERNATIONAL LAW.
law of obligations. The category of law dealing with
proprietary rights in personam -namely, the rela
tions between obligor and obligee . It is one of the
three departments into which civil law was tradition
ally divided. See IN PERSONAM. Cf. LAW OF PROPERTY;
LAW OF STATUS.
law of persons. (17c) The law relating to persons; the
law that pertains to the different statuses ofpersons .
This is also commonly known as the jus personarum,
a shortened form ofjus quod ad personas pertinet nhe
law that pertains to persons"). See JUS PERSONARt:M.
law ofproperty. The category oflaw dealing with propri
etary rights in rem, such as personal servitudes, predial servitudes, and rights of real security . It is one ofthe
three departments into which civil law was tradition
ally divided: persons, property, and modes of acquir
ing property (obligations). In modern civil codes that
follow the model ofthe German Civil Code, civil law is
divided into five books: general principles, obligations,
family law, property, and succession. See IN REM. Cf.
LAW OF OBLIGATIONS; LAW OF STATUS.
law of remedy. See REMEDY.
law of shipping. The part of maritime law relating to
the building, equipping, registering, owning, inspect
ing, transporting, and employing of ships, along with
the laws applicable to shipmasters, agents, crews, and
cargoes; the maritime law relating to ships. -Also
termed shipping law. See MARITIME LAW; JONES ACT.
law ofstatus. The category oflaw dealing with personal
or nonproprietary rights, whether in rem or in
personam . It is one ofthe three departments into
which civil law is divided. Cf. LAW OF OBLIGATIONS;
LAW OF PROPERTY.
law ofthe apex. Mining law. The principle that title to a
given tract ofmineral land, with defined mining rights,
goes to the person who locates the surface covering the
outcrop or apex.
law of the case. (18c) 1. The doctrine holding that a
decision rendered in a former appeal ofa case is binding
in a later appeal. lCases: Appeal and Error (;::::; 1097;
Courts (;::::;99, 917.J 2. An earlier decision giving rise to
the application ofthis doctrine. Cf. LAW OF THE TRIAL;
RES JUDICATA; STARE DECISIS.
law of the circuit. (1861) 1. The law as announced and
followed by a U.S. Circuit Court of Appeals. [Cases:
Courts (;::::;96(4).] 2. The rule that one panel of judges
on a U.S. Circuit Court ofAppeals should not overrule
a decision ofanother panel ofjudges on the same court.
[Cases: Courts (;::::.'90(2).] 3, The rule that an opinion
of one U.S. Circuit Court of Appeals is not binding
on another circuit but may be considered persuasive.
[Cases: Courts C=96(5).]
law ofthe flag. Maritime law. The law ofthe nation whose
flag is flown by a particular vessel where it is registered .
 That nation's laws govern the ship's internal affairs.
See McCulloch v. Sociedad de Marineros de Honduras,
372 U.S. 10 (1963). [Cases: Shipping (;.-::>2.]
law of the forum. See LEX FORI.
Law of The Hague. The first widely accepted body of
international law ofwar, as approved by conventions in
The in 1899 and 1907. The Law of The Hague
set up procedures for mediation and arbitration of
disputes to avoid war, and attempted to regulate the
type and use ofweapons in warfare. See LIEBER CODE.
law ofthe land. (15c) 1. The law in effect in a country and
applicable to its members, whether the law is statutory,
administrative, or case-made. 2. Due process oflaw. See
DUE PROCESS. Also termed lex terrae; ley de terre.
[Cases: Constitutional Law (;::::;3840-484L]

967 lawsuit
law ofthe partnership. The rule that the parties' agree
ment controls the features ofa partnership.
law of the place. (1947) Under the Federal Tort Claims
Act, the state law applicable to the place where the
injury occurred. Under the Act, the federal gov
ernment waives its sovereign immunity for specified
injuries, including certain wrongful acts or omis
sions of a government employee causing injury that
the United States, if it were a private person, would be
liable for under the law of the state where the incident
occurred. 28 FSCA  1346(b). [Cases: United States
(;:::>78(14).]
law of the road. The collective statutes, rules, and
customs that regulate travel on public highways and
streets.
law ofthe sea. The body of international law governing
how nations use and control the sea and its resources.
Cf. GENERAL MARITIME LAW; MARITIME LAW. [Cases:
International Law (;:::> 7.]
law ofthe staple. Hist. The law administered in the court
of the mayor of the staple; the law merchant. See STAPLE
(1), (2).
law ofthe trial. A legal theory or court ruling that is not
objected to and is used or relied on in a trial <neither
party objected to the court's jury instruction, so it
became the law of the trial>. Cf. LAW OF THE CASE.
[Cases: Criminal Law Trial (;:::>284.)
law of things. '{he law pertaining to things; the law that
is determined by changes in the nature of things . This
is also commonly known as the jus rerum, a shortened
form ofjus quod ad res perrinet ("the law that pertains
to things"). See JUS RERUM.
law practice. (17c) An attorney's professional business,
including the relationships that the attorney has with
clients and the goodwill associated with those rela
tionships. Cf. PRACTICE OF LAW. [Cases: Attorney and
Client (;:::>30.]
law question. See QUESTION OF LAW.
law reform. (1846) The process of, or a movement
dedicated to, streamlining, modernizing, or other
wise improving a body of law generally or the code
governing a particular branch of the law; speci., the
investigation and discussion ofthe law on a topic (e.g.,
bankruptcy), usu. by a commission or expert commit
tee, with the goal offormulating proposals for change
to improve the operation of the law. Also termed
science oflegislation; censorial jurisprudence.
law report. See REPORT (3).
law reporter. See REPORT (3).
law review. (1845) 1. A journal containing scholarly
articles, essays, and other commentary on legal topics
by professors, judges, law students, and practitioners.
 Law reviews are usu. published at law schools and
edited by law students <law reviews are often grossly
overburdened with substantive footnotes>. 2. The law
student staff and editorial board ofsuch a journal <she made law review>. Abbr. 1. Rev. Also termed law
journal. See LAW JOURNAL.
law Salique (sa-leek), See SALIC LAW.
law school. (17c) An institution for formal legal edu
cation and training. Graduates who complete the
standard program, usu. three years in length, receive a
Juris Doctor (or, formerly, a Bachelor of Laws).
accredited law school. (1905) A law school approved
by the state and the Association of American Law
Schools, or by the state and the American Bar Associ
ation. In all states except California, only graduates
of an accredited law school may take the bar examina
tion. [Cases: Colleges and Universities (;:::> 1.)
Law School Admissions Test. A standardized examina
tion purporting to measure the likelihood of success
in law school.  Most American law schools use the
results ofthis examination in admissions decisions.
Abbr. LSAT.
Law Society. A professional organization in England,
chartered in 1845, governing the education, practice,
and conduct of articled clerks and solicitors . A clerk
or solicitor


45, governing the education, practice,
and conduct of articled clerks and solicitors . A clerk
or solicitor must be enrolled with the Law Society to be
admitted to the legal profession.
Law Society of Scotland. A professional organization
established by statute in 1949, governing the admission,
conduct, and practice of solicitors enrolled to practice
in Scotland.
Laws of Amalfi (ah-mahl-fee). See AMALPHITAN CODE.
laws of Oleron (oh-la-ron or aw-Iay-ron). The oldest col
lection ofmaritime laws, thought to be a code existing
at Oleron (an island off the coast of France) during
the 12th century . It was introduced into England,
with certain additions, in the reign ofRichard 1(1189
1199).
laws ofthe several states. State statutes and state-court
decisions on questions ofgeneral law.
laws of Visby (vis-bee). A code of maritime customs
and decisions adopted on the island of Gothland (in
the Baltic Sea), where Visby was the principal port.
 Most scholars believe that this code postdates the
laws of Oleron. The code was influential throughout
northern Europe. In recognition of the ancient code,
the Visby Protocol to amend the Hague Rules was
Signed in Visby. The Hague-Visby Rules govern most of
the world's liner trade. Also spelled laws ofWisby.
Also termed Gothland sea laws.
laws ofwar. Int'llaw. The rules and principles agreed on
by most nations for regulating matters inherent in or
incident to the conduct of a public war, such as the rela
tions of neutrals and belligerents, blockades, captures,
prizes, truces and armistices, capitulations, prisoners,
and declarations of war and peace. Cf. GENEVA CON
VENTIONS OF 1949.
laws ofWisby. See LAWS OF VISBY.
law spiritual. See ECCLESIASTICAL LAW.
lawsuit, n. See SUIT.

lawsuit, vb. Archaic. To proceed against (an adversary)
in a lawsuit; to sue.
law-talk, n. 1. LEGALESE. 2. Discussion that is heavilv
laced with lawyers' concerns and legal references. '
law-worthy, adj. Hist. Entitled to or deserving the benefit
and protection of the law. Also termed law-worth.
See L1BERAM LEGEM AMITTERE; LEGALIS HOMO; LIBERA
LEX.
law writer. (1852) A person who writes on legal subjects,
usu. from a technical, non popular point ofview.
lawyer, n. (14c) One who is licensed to practice law.
Cf. ATTORNEY. [Cases: Attorney and Client G=9.]
lawyerly, lawyerlike, adj. lawyerdom, n.
certified military lawyer. A person qualified to act as
counsel in a general court-martial. _ To be qualified,
the person must be (1) a judge advocate of the Army,
Navy, Air Force, or Marine Corps, or a law specialist
ofthe Coast Guard, (2) a graduate of an accredited
law school, or a member ofa federal-court bar or the
bar ofthe highest court of a state, and (3) certified
as competent to perform such duties by the Judge
Advocate General of the armed force that the person
is a member of. [Cases: Military Justice (;::> 1240.]
criminal lawyer. (18c) A lawyer whose primary work is
to represent criminal defendants. -This term is rarely
if ever applied to prosecutors despite their integral
involvement in the criminal-justice system.
guardhouse lawyer. See JAILHOUSE LAWYER.
headnote lawyer. Slang. A lawyer who relies on the
headnotes ofjudicial opinions rather than taking the
time to read the opinions themselves.
jailhouse lawyer. See JAILHOUSE LAWYER.
public-interest lawyer. An attorney whose practice is
devoted to advocacy on behalf ofa public institution
or nongovernmental organization, or to adviSing and
representing indigent clients and others who have
limited access to legal aid. -Public-interest lawyers
often practice in fields such as civil rights and immi
gration law.
transactional lawyer. (1990) A lawyer who works pri
marily on transactions such as licenSing agreements,
mergers, acquisitions, joint ventures, and the like.
lawyer, vb. (l8c) 1. To practice as a lawyer <associates
often spend their days and nights lawyering, with little
time for recreation>. 2. To supply with lawyers <the
large law-school class will certainly help lawyer the
state>. -lawyering, n.
lawyer-client privilege. See attorney-client privilege
under PRIVILEGE (3).
lawyer-referral and information service. See LAWYER
REFERRAL SERVICE.
lawyer-referral service. A program, usu. offered by a bar
association, that helps nonindigent clients clarify their
legal problems and provides either contact informa
tion for lawyers who practice in the appropriate field or
information about government agencies or consumer organizations that may be able to provide services.
Also termed lawyer referral and information service.
lawyer-witness rule. (1982) The principle that an attorney
who will likely be called as a fact witness at trial may
not participate as an advocate in the case, unless the
testimony will be about an uncontested matter or the
amount of attorney's fees in the case, or if disqualify
ing the attorney would create a substantial hardship for
the client. -The rule permits an attorney actively par
ticipating in the case to be a witness on merely formal
matters but discourages testimony on other matters on
behalfofa client. Model Rules ofProfessional Conduct
Rule 3.7 (1983). Also termed advocate-witness rule;
attorney-witness rule. [Cases: Attorney and Client
22; Witnesses (;:::::,67.]
lay, adj. (14c) 1. Not ecclesiastical; not ofthe clergy. 2.
Not expert, esp. with reference to law or medicine; non
professionaL
lay, n. Maritime law. A share ofthe profits ofa fishing or
whaling trip, akin to wages, allotted to the officers and
seamen. (Cases: Seamen C-'='28.J
lay, vb. (14c) To allege or assert.
'The Laying of Damages.-" At common law the declaration
must 'lay damages.'" Edwin E. Bryant, The Law of Pleading
Under the Codes of Civil Procedure 209 (2d ed. 1899).
layaway. An agreement between a retail seller and a
consumer to hold goods for future sale. -The seller sets
the goods aside and agrees to sell them to the consumer
at an agreed price in the future. The consumer deposits
with the seller some portion of the price ofthe goods,
and may agree to other conditions with the seller, such
as progress payments. The consumer receives the goods
once the full purchase price has been paid.
lay corporation. See CORPORATION.
lay damages, vb. To allege damages, esp. in the com
plaint. See AD DAMNUM CLAUSE.
layday, Maritime law. A day allowed by a voyage char
terparty for the charterer to load or unload cargo. -If
more time is used, the vessel's owner is entitled to com
pensation for the delay, usu. in the form ofdemurrage.
Ifless time is used, the owner may pay dispatch. Also
written lay day. See DEMURRAGE; DISPATCH; LAYTIME.
Cf. day ofdemurrage under DAY. [Cases: Shipping
45, 47.J
lay fee. See FEE (2).
lay impropriator (im-proh-pree-ay-t;lr). Eccles. law. A
layperson holding a benefice or other spiritual impro
priation.
laying a foundation. Evidence. Introducing evidence of
certain facts needed to render later evidence relevant,
material, or competent. _ For example, propounding a
hypothetical question to an expert is necessary before
the expert may render an opinion. (Cases: Criminal
Law G=404.1O, 444, 485; Evidence ~-;,117,366-381.]
laying ofthe venue. (lSc) A statement in a complaint
naming the district or county in which the plaintiff

969
proposes that any trial ofthe matter should occur. See
VENU E. [Cases; Pleading (;::;45.]
lay investiture. Eccles. law. The ceremony by which a
layperson places a bishop in possession oflands, money
revenues, and other diocesan temporalities.
lay judge. See JUDGE.
layman. (lSe) 1. A person who is not a member of the
clergy. [Cases: Religious Societies 2. A person
who is not a member of a profession or an expert on a
particular subject. -Also termed layperson. [Cases;
Criminal Law (;::;449.1.]
layoff. (1868) The termination of employment at the
employer's instigation; esp., the termination -either
temporary or permanent -ofmany employees in a
short time. -Also termed reduction in force. -lay
off, vb.
mass layoff. Labor law. Under the Worker Adjustment
and Retraining Notification Act, a reduction in force
that results in the loss of work at a single site, of 30
days or more, for at least 500 full-time employees,
or 50 or more full-time employees if they make up
at least 33%of the employees at that site. 29 USCA
 2101(a)(3). See WORKER ADJUSTMENT AND RETRAIN
ING NOTIFICATION ACT. [Cases: Labor and Employ
ment C-='3220.J
layoff bet. See BET.
layoff bettor. A bookmaker who accepts layoffbets from
other bookmakers. See layoff bet under BET. [Cases;
Gaming (;::;62, 73.]
lay on the table. Parliamentary law. 1. To postpone
the consideration of (a matter before a deliberative
assembly); TABLE. -Some parliamentary writers prefer
the form "to lay on the table" and disapprove of the
form "to table." 2. British English. To schedule for con
sideration.
lay opinion testimony. See TESTIMONY.
layperson. 1. See LAYMAN. 2. Hist. See JUROR.
lay system. Maritime law. A system in which a fishing
vessel's catch is sold by contract or at auction, and
after costs are paid and the shipowner is compensated,
the net profits are divided among the crew members
according to agreed-on percentages.
lay tenure. See TENURE.
lay time. Maritime law. Time allowed by a voyage char
terparty for the charterer to load or unload cargo. -If
more time is used, the vessel's owner is entitled to com
pensation for the delay, usu. in the form ofdemurrage.
Ifless time is used, the owner may pay dispatch. -See
DEMURRAGE; DISPATCH; LAYDAY. [Cases: Shipping
47, 181.]
lay witness. See WITNESS.
LBO. See leveraged buyout under BUYOUT.
LC. abbr. 1. LETTER OF CREDIT. 2. LETTER OF
CREDENCE. -Also written LIe. leading question
L-Claim proceeding. (1997) A hearing under the Rack
eteer Influenced and Corrupt Organizations Act,
intended to ensure that property ordered to be for
feited belongs solely to the defendant. _ A petition for
an L-Claim proceeding is filed by a third party who
claims an interest in the property. The purpose is not
to divide the assets among competing claimants, and
general creditors of the defendant are not be allowed
to maintain an L-Claim petition. The name refers to its
legal basis in subsection Iof RICO's penalty provision.
18 USCA  1963(1)(2). [Cases; Forfeitures (;::;5.]
LEAA. abbr. LAW ENFORCEMENT ASSISTANCE ADMIN
ISTRATION.
leaching (leech-ing). (18c) The process by which moving
fluid separates the soluble components of a material.
 Under CERCLA, leaching is considered a release of
contaminants. The term is sometimes used to describe
the migration of contaminating materials, by rain or
groundwater, from a fixed source, such as a landfill. 42
USCA  9601(22).
lead counsel. See COUNSEL.
leader. See LOSS LEADER.
leading case. (17c) 1. A judicial decision that first defini
tively settled an important legal rule or principle and
that has since been often and consistentlv followed.
An example is Miranda v. Arizona, 384U.S. 436, 86
S.Ct. 1602 (1966) (creating the exclUSionary rule for
evidence improperly obtained from a suspect being
interrogated while in police custody). Cf. LANDMARK
DECISION. 2. An important, often the most important,
judicial precedent on a particular legal issue. 3. Loosely,
a reported case that is cited as the dispositive authority
on an issue being litigated. -Also termed (in sense 3)
ruling case.
leading counsel. See lead counsel under COUNSEL.
leading economic indicator. See ECONOMIC INDICA
TOR.
leading indicator. See INDICATOR.
leading-object rule. See MAIN-PURPOSE RULE.
leading ofa use. Hist. In a deed, the specification, before
the levy ofa fine ofland, ofthe person to whose use the
fine will inure. -If the deed is executed after the fine,
it "declares" the use.
"As if A., tenant in tail, with reversion to himself in fee,
would settle his estate on B. for life, remainder to C. in
tail, remainder to D. in fee .... He therefore usually, after
making the settlement proposed, covenants to levy a
fine ... and directs that the same shall enure to the uses
in such settlement mentioned. This is now a deed to lead
the uses of the fine or recovery, and the fine when levied,
or recovery when suffered, shall enure to the uses so spe


the uses of the fine or recovery, and the fine when levied,
or recovery when suffered, shall enure to the uses so speci
fied, and no other." 2 William Blackstone, Commentaries
on the Laws of England 363 (1766).
leading question. (1824) A question that suggests the
answer to the person being interrogated; esp., a question
that may be answered by a mere "yes" or "no." -Leading
questions are generally allowed only in cross-examina
tion. Also termed categorical question; suggestive

970 lead-lag study
question; suggestive interrogation. [Cases: Witnesses
<::=239.]
lead-lag study. A survey used to determine the amount
ofworking capital that a utility company must reserve
and include in its rate base, by comparing the time the
company has to pay its bills and the time taken by its
customers to pay for service. -The term comes from
the phrases "lead time" and "lag time." Lead time is
the average number of days between the company's
receipt and payment of invoices it receives. Lag time
is the average number of days between the company's
billing of its customers and its receipt ofpayment. By
analyzing the difference in timing between inward cash
flow and outward cash flow, the company can calculate
the amount of necessary reserves. [Cases: Electricity
C'-:::' 1l.3(2), 11.3(4).J
leads doctrine. Tax. In a tax-evasion case, the rule that
the government must investigate all the taxpayer's leads
that are reasonably accessible and that, if true, would
establish the taxpayer's innocence, or the government
risks having the trial judge presume that any leads not
investigated are true and exonerating. [Cases: Internal
Revenue
league. (I5c) 1. A covenant made by nations, groups,
or individuals for promoting common interests or
ensuring mutual protection. 2. An alliance or asso
ciation of nations, groups, or individuals formed by
such a covenant. 3. A unit of distance, usu. measuring
about three miles (chiefly, nautical). [Cases: Weights
and Measures
marine league. A geographical measure of distance
equal to one-twentieth part of a degree oflatitude, or
three nautical miles. [Cases: Weights and Measures
<::=3.]
League ofNations. An organization of nations formed in
1919 to promote international cooperation and peace. _
President Woodrow Wilson endorsed the League in an
address to Congress, but the United States never joined.
The League dissolved in 1946 and turned its assets over
to the United Nations.
leakage. (ISc) 1. The waste of a liquid caused by its
leaking from a storage container. 2. An allowance
against duties granted by customs to an importer of
liquids for losses sustained by this waste. 3. Intellec
tual property. Loss in value of a piece of intellectual
property because ofunauthorized copying. -The types
of intellectual property most susceptible to leakage
are recordable media such as compact discs and vid
eotapes. [Cases: Copyrights and Intellectual Property
<:;=>87(1).]
leal (lee!), adj. [Law French] Hist. Loyal.
lean, vb. (bef. 12c) 1. To incline or tend in opinion or pref
erence. - A court is sometimes said to "lean toward" or
"lean against" an advocate's position, meaning that the
court regards that position favorably or unfavorably. 2.
To yield; to submit.
leapfrog development. (1976) An improvement ofland
that requires the extension ofpublic facilities from their current stopping point, through undeveloped land that
may be scheduled for future development, to the site of
the improvement.
leap year. See YEAR.
learned (l<>r-nid), adj. (l4c) 1. Having a great deal of
learning; erudite. - A lawyer might refer to an adver
sary as a "learned colleague" or "learned opponent"
a comment that, depending on the situation and tone
ofvoice, may be either a genuine compliment or a sar
castic slight. 2. Well-versed in the law and its history.
-Statutes sometimes require that judges be "learned
in the law," a phrase commonly construed as meaning
that they must have earned a law degree and been
admitted to the bar.
learned intermediary. See informed intermediary under
INTERMEDIARY.
learned-intermediary doctrine. The principle that a pre
scription-drug manufacturer fulfills its duty to warn
of a drug's potentially harmful effects by informing
the prescribing phYSician, rather than the end-user, of
those effects. [Cases: Products Liability<::= 136.]
learned-treatise rule. (1946) Evidence. An exception
to the hearsay rule, by which a published text may
be established as authoritative, either by expert testi
mony or by judicial notice. -Under the Federal Rules
of Evidence, a statement in a published treatise, peri
odical, or pamphlet on sciences or arts (such as history
or medicine) can be established as authoritative and
thereby admitted into evidence for the purpose of
examining or cross-examining an expert witness
by expert testimony or by the court's taking judicial
notice of the authoritative nature or reliability of the
text. If the statement is admitted into evidence, it may
be read into the trial record, but it may not be received
as an exhibit. Fed. R. Evid. 803(18). [Cases: Criminal
Law Evidence <::=363.]
learning, n. 1. Hist. Legal doctrine. 2. The act ofacquir
ing knowledge.
lease, n. (l4c) 1. A contract by which a rightful possessor
of real property conveys the right to use and occupy
the property in exchange for consideration, usu. rent.
-The lease term can be for life, for a fixed period, or
for a period terminable at will. [Cases: Landlord and
Tenant (;:::>20.] 2. Such a conveyance plus all covenants
attached to it. 3. The written instrument memorial
izing such a conveyance and its covenants. Also
termed lease agreement; lease contract. 4. The piece of
real property so conveyed. 5. A contract by which the
rightful possessor of personal property conveys the
right to use that property in exchange for consider
ation. [Cases: Bailment <.r'=> 1.]
assignable lease. (1915) A lease that the lessee can
transfer to a successor. See SUBLEASE. [Cases:
Landlord and Tenant (::::-74.J
building lease. A long-term lease ofland that includes a
covenant to erect or alter a building or other improve
ment. Cf. ground lease. [Cases: Estates in Property
13.]

971
capital lease. See LEASE-PURCHASE AGREEMENT.
commercial lease. (1909) A lease for business purposes.
[Cases: Landlord and Tenant C=20.]
community lease. (1919) A lease in which a number of
lessors owning interests in separate tracts execute a
lease in favor ofa single lessee.
concurrent lease. (1946) A lease that begins before a
previous lease ends, entitling the new lessee to be paid
all rents that accrue on the previous lease after the
new lease begins, and to remedies against the holding
tenant.
"A landlord who has granted a lease may nevertheless
grant another lease of the same land for all or some of
the period of the first lease. The second lease does not
deprive the lessee under the first lease of the right to pos
session of the property, but is, in reality, a lease of the
reversion. Because the two leases operate concurrently
during at least some part of their respective durations,
they are known as 'concurrent leases.'" Peter Butt, Land
Law 233 (2d ed. 1988).
consumer lease. (1972) 1. A lease ofgoods by a person
who is in the business of selling or leasing a product
primarily for the lessee's personal or household use.
UCC  2A-103(l)(e). [Cases: Bailment (::::02.] 2. A resi
dential rather than commercial -lease.
derivative lease. See SUBLEASE.
durable lease. (1816) A lease that reserves a rent payable
annually, usu. with a right of reentry for nonpay
ment.
edge lease. Oil & gas. A lease located on the edge of
a field.
finance lease. (1966) A fixed-term lease used by a
business to finance capital equipment.  The lessor's
service is usu. limited to financing the asset, and
the lessee pays maintenance costs and taxes and has
the option of purchasing the asset at lease-end for
a nominal price. Finance leases strongly resemble
security agreements and are written almost exclu
sively by financial institutions as a way to help a com
mercial customer obtain an expensive capital item that
the customer might not otherwise be able to afford.
UCC  2A-103(1)(g). Also termed full payout lease;
tripartite lease. [Cases: Bailment C:::;)2.j
"By carving out the 'finance lease' for special treatment,
the drafters of Article 2A have recognized a distinct species
of lease that is written almost exclusively by financial insti
tutions and although treated as a true lease does not
normally carry with it certain of the responsibilities that
the typical lessor bears under Article 2A." 2JamesJ. White
& Robert S. Summers, Uniform Commercial Code  B-3,
at 4 (4th ed. 1995).
'A finance lease is the product of a three-party transac
tion. The supplier manufactures or supplies the goods
pursuant to the lessee's specification, perhaps even
pursuant to a purchase order, sales agreement, or lease
agreement between the supplier and the lessee. After the
prospective finance lease is negotiated, a purchase order,
sales agreement, or lease agreement is entered into by
the lessor (as buyer or prime lessee) or an existing order,
agreement, or lease is assigned by the lessee to the lessor,
and the lessor and the lessee then enter into a lease or
sublease of the goods. Due to the limited function usually
performed by the lessor, the lessee looks almost entirely lease
to the supplier for representations, covenants, and war
ranties. If a manufacturer's warranty carries through, the
lessee may also look to that. Yet, this definition does not
restrict the lessor's function solely to the supply of funds; if
the lessor undertakes or performs other functions, express
warranties, covenants, and the common law will protect
the lessee." UCC  2A-102 cmt. at 14-15 (Proposed Final
Draft, 30 Apr, 1999).
full-service lease. (1967) A lease in which the lessor
agrees to pay all maintenance expenses, insurance
premiums, and property taxes. [Cases: Landlord and
Tenant 148(1), 156.]
graduated lease. (1930) A lease in which rent varies
depending on future contingencies, such as operating
expenses or gross income.
gross lease. (1939) A lease in which the lessee pays a flat
amount for rent, out of which the lessor pays all the
expenses (such as fuel, water, and electricity).
ground lease. (1840) A long-term (usu. 99-year) lease
ofland only. Such a lease typically involves com
mercial property, and any improvements built by the
lessee usu. revert to the lessor. -Also termed ground
rent lease; land lease. [Cases: Estates in Property (::::0
13.]
headlease. See HEADLEASE.
index lease. A lease that provides for increases in rent
according to the increases in the consumer price
index. [Cases: Landlord and Tenant ~":)200.7.1
land lease. See ground lease.
leveraged lease. (1972) A lease that is collateral for the
loan through which the lessor acquired the leased
asset, and that provides the lender's only recourse for
nonpayment of the debt; a lease in which a creditor
provides nonrecourse financing to the lessor (who has
substantial leverage in the property) and in which the
lessor's net investment in the lease, apart from nonre
course financing, declines during the early years and
increases in later years. -Also termed third-party
equity lease; tax lease.
master lease. (1935) A contract that establishes a lease
hold's basic terms and conditions applicable to all
related contracts for rental properties.
mineral lease. A lease in which the lessee has the right
to explore for and extract oil, gas, or other minerals.
 The rent usu. is based on the amount or value of
the minerals extracted. [Cases: Mines and Minerals
C=~56-81.]
mining lease. A lease of a mine or mining claim, in
which the lessee has the right to work the mine or
claim, usu. with conditions on the amount and type
ofwork to be done. -The lessor is compensated with
either fixed rent or royalties based on the amount of
ore mined. [Cases: Mines and Minerals
month-to-month lease. (1914) A tenancy with no
written contract.  Rentis paid monthly, and usu. one
month's notice by the landlord or tenant is required
to terminate the tenancy. See periodic tenancy under
TENANCY. [Cases: Landlord and Tenant G-::::; 113.]

net lease. A lease in which the lessee pays rent plus
property expenses (such as taxes and insurance).
net-net-net lease. A lease in which the lessee pays all
the expenses, including mortgage interest and amor
tization, leaving the lessor with an amount free ofall
claims. -Also termed triple net lease.
oil-and-gas lease. (1892) A lease granting the right to
extract oil and gas from a specified piece of land.
Al


ase. (1892) A lease granting the right to
extract oil and gas from a specified piece of land.
Although called a "lease," this interest is typically
considered a determinable fee in the minerals rather
than a grant ofpossession for a term ofyears. [Cases:
Mines and Minerals
operating lease. A lease of property (esp. equipment)
for a term that is shorter than the property's useful
life. Under an operating lease, the lessor is typi
cally responsible for paying taxes and other expenses
on the property. Cf. capital lease; LEASE-PURCHASE
AGREEMENT.
"or" lease. Oil & gas. A mineral lease with a drill
ing-delay rental clause structured so that the lessee
promises to start drilling operations or to pay delay
rentals from time to time during the primary term.
Ifthe lessee fails to do one or the other, the lease does
not automatically terminate, but the lessee is liable for
the delay-rental amount.
parol lease (pd-rohl or par-d\). A lease based on an oral
agreement; an unwritten lease. [Cases: Landlord and
Tenant C)23.]
percentage lease. A lease in which the rent is based on
a percentage of gross (or net) sales or profits, typi
cally with a set minimum rent. Landlord and
Tenant (;=:;c200.I.]
perpetual lease. 1. An ongoing lease not limited in
duration. 2. A grant oflands in fee with a reserva
tion ofa rent in fee; a fee farm. [Cases: Landlord and
Tenant C=~ 87.]
perpetually renewable lease. Hist. A lease that a tenant
may renew for another period as often as it expires,
usu. by making a payment upon exercising the right.
In 1922, this type oflease was effectively abolished in
England by the Law of Property Act, which provided
for the conversion ofexisting and future perpetually
renewable leases to term-of-years leases, and set the
maximum term at 2000 years.
proprietary lease. A lease between a cooperative apart
ment association and a tenant.
reversionary lease. A lease that will take effect when a
prior lease terminates.
sandwich lease. (1976) A lease in which the lessee sub
leases the property to a third party, esp. for more rent
than under the original lease.
short lease. (l7c) A lease of brief duration, often less
than six months.
sublease. See SUBLEASE.
synthetic lease. A method for financing the purchase
of real estate, whereby the lender creates a special-purpose entity that buys the property and then leases
it to the ultimate user (usu. a corporation) . A syn
thetic lease is treated as a loan for tax purposes and
as an operating lease for accounting purposes, so that
the "lessee" can deduct the property's depreciation
and the loan's interest yet keep both the asset and the
debt off its balance sheet.
tax lease. 1. The instrument or estate en to the pur
chaser of land at a tax sale when e law does not
permit the sale ofan estate in fee for nonpayment of
taxes but instead directs the sale ofan estate for years.
2. See leveraged lease.
third-party equity lease. See leveraged lease.
timber lease. (1853) A real-property lease that contem
plates that the lessee will cut timber on the leased
premises. [Cases: Logs and Logging
top lease. Oil & gas. A lease granted on property
already subject to an oil-and-gas lease . Generally,
any rights granted by a top lease grants are valid only
if the existing lease ends. [Cases: Mines and Minerals
(;=:;c56,73.]
tripartite lease. See finance lease.
triple net lease. See net-net-net lease.
"unless" lease. Oil & gas. An oil-and-gas lease with
a drilling-delay rental clause structured as a special
limitation to the primary term . Unless delay rentals
are paid or drilling operations are started from time
to time as specified, an "unless" lease automatically
terminates, and the lessee has no liability for its
failure to perform. [Cases: Mines and Minerals
78.1(3,9).]
lease, vb. (16c) l. To grant the possession and use of(land,
buildings, rooms, movable property, etc.) to another in
return for rent or other consideration <the city leased
the stadium to the football team>. [Cases: Bailment
1; Landlord and Tenant (;=:;c20.] 2. To take a lease of;
to hold by a lease <Carol leased the townhouse from
her uncle>.
lease agreement. See LEASE (3).
lease and release. Hist. A method of transferring seisin
without livery, whereby the owner and the transferee
would enter into a lease for a term of years, to take
effect only when the transferee entered the property,
whereupon the owner would release all interest in
the property to the transferee by written instrument.
 Once the transferee owned both the term and the
freehold interest, the two interests would merge to form
one estate in fee simple. This lease-and-release proce
dure was fully acceptable to the courts, on the theory
that livery ofseisin to one already occupying the land
was unnecessary.
leaseback, n. (1947) The sale of property on the under
standing, or with the express option, that the seller may
lease the property from the buyer immediately upon
the sale. -Also termed sale and leaseback; sale-lease
back. [Cases: Landlord and Tenant
lease contract. See LEASE (3).

973
lease for life. Hist. A lease of land for the duration of a
specified number oflives instead of for a specified term
of years . Unlike a tenant for a term ofyears, a lessee
for life could recover the land if dispossessed.
'The rent payable was usually fairly small, but a fine was
paid when the lease was granted; a further fine was payable
when, on the termination of the lives, the tenant exercised
the right the lease gave him to replace them and so extend
the lease. If the lessor was a corporation such as a mon
astery or college, the fines were treated as income by the
then members of the corporation, to the disadvantage of
their successors. Leases for life finally lost their popularity
when legislation in the first half of the nineteenth century
compelled corporations to add such fines to their capital:'
Robert E. Megarry & M.P. Thompson, A Manual of the Law
ofReal Property 306 (6th ed. 1993l.
lease for years. See tenancy for a term under TENANCY.
leasehold, n. (I8c) A tenant's possessory estate in land or
premises, the four types being the tenancy tor years, the
periodic tenancy, the tenancy at will, and the tenancy
at sufferance . Although a leasehold has some of the
characteristics ofreal property, it has historically been
classified as a chattel real. Also termed leasehold
estate; leasehold interest. See TENANCY. Cf. FREEHOLD.
[Cases: Landlord and Tenant ~70, 113, 117.J
leaseholder royalty. See landowner's royalty under
ROYALTY (2).
leasehold improvements. (1845) Beneficial changes to
leased property (such as a parking lot or driveway)
made by or for the benefit ofthe lessee . The phrase is
used in a condemnation proceeding to determine the
share of compensation to be allocated to the lessee.
leasehold interest. (18c) 1. LEASEHOLD; esp., for purposes
of eminent domain, the lessee's interest in the lease
itself, measured by the difference between the total
remaining rent and the rent the lessee would pay for
similar space for the same period. [Cases: Eminent
Domain ~147.J 2. A lessor's or lessee's interest under
a lease contract. UCC  2A-103. [Cases: Bailment
7.3. WORKING INTEREST. [Cases: Landlord and Tenant
~20.J
leasehold mortgage. See MORTGAGE.
leasehold-mortgage bond. See BOND (3).
leasehold royalty. See landowner's royalty under
ROYALTY (2).
leasehold value. The value ofa leasehold interest.  This
term usu. applies to a long-term lease when the rent
paid under the lease is lower than current market rates.
Some states permit the lessee to claim the leasehold
interest from the landlord in a condemnation pro
ceeding, unless the lease prohibits such a claim. Other
states prohibit these claims by statute. See LEASEHOLD
INTEREST; :O<O-BONUS CLAUSE.
lease insurance. See INSURANCE.
lease-lend. See LEND-LEASE.
lease option. See OPTION.
lease-purchase agreement. (1939) A rent-to-own
purchase plan under which the buyer takes posses
sion of the goods with the first payment and takes leave
ownership with the final payment; a lease of property
(esp. equipment) by which ownership of the property is
transferred to the lessee at the end of the lease term .
Such a lease is usu. treated as an installment sale. Under
a capital lease, the lessee is responsible for paying taxes
and other expenses on the property. -Also termed
lease-to-purchase agreement; hire-purchase agreement;
capital lease. Cf. operating lease under LEASE. [Cases:
Bailment C:>22; Sales (;=5.J
lease with an option to purchase. See lease option under
OPTION.
leasing-making. Hist. Scots law. Oral sedition.
least-intrusive-means doctrine. (1978) A doctrine
requiring the government to exhaust all other investi
gatory means before seeking sensitive testimony, as by
compelling an attorney to testify before a grand jury
on matters that may be protected by the attorney-client
privilege.
least-intrusive-remedy doctrine. (1989) The rule that
a legal remedy should provide the damaged party
with appropriate relief, without unduly penalizing
the opposing party or the jurisdiction's legal system,
as by striking only the unconstitutional portion of a
challenged statute while leaving the rest intact. [Cases:
Statutes (::~'64(l).J
least-restrictive educational environment. See LEAST
RESTRICTIVE ENVIRONMENT.
least-restrictive environment. Under the Individuals
with Disabilities Education Act, the school setting that,
to the greatest extent appropriate, educates a disabled
child together with children who are not disabled. 20
USCA  1412(5). -Also termed least-restrictive-edu
cational environment. Cf. MAINSTREAMING. [Cases:
Schools ~148(2).]
least-restrictive-means test. (1972) The rule that a law
or governmental regulation should be crafted in a way
that will protect individual civil liberties as much as
possible and should be only as restrictive as necessary
to accomplish a legitimate governmental purpose.
leaute (low-tay), n. [Law French "legality"] Hist. Legality;
the condition of a lawful man (legalis homo). See
LEGALIS HOMO.
! leave, n. (bef. 12c) 1. Departure; the act of going away
<took his leave>. 2. Extended absence for which one has
authorization; esp., a voluntary vacation from military
duties with the chance to visit home; furlough <on a
I 	three-month leave from the Army>. 3. Permission <by
leave of court>.
leave, vb. (bef. 12c) 1. To give by will; to bequeath or
devise <she left her ranch to her stepson> . This usage
has historically been considered loose by the courts,
and it is not always given testamentary effect. 2. To be
survived by <he left no brothers or sisters>. 3. To depart;
voluntarily go away; quit (a place). 4. To depart willfully
with the intent not to return <Nelson left Texas and
became a resident of Massachusetts>. 5. To deliver (a
: 	summons, money, an article, etc.) by dropping off at a

certain place, esp. to await the return ofsomeone; esp.,
to post (a copy ofa writ, etc.).
leave and license. In an action for trespass to land, the
defense that the plaintiff consented to the defendant's
presence.
leave no issue, vb. (16c) To die without any surviving
child or other descendant. _ The spouse of a deceased
child is usu. not issue. See FAILURE OF ISSUE. [Cases:
Wills
leave of absence. (18c) A worker's temporary absence
from employment or duty with the intention to return.
-Salary level and seniority typically are unaffected by
a leave of absence.
leave ofcourt. (18c) Judicial permission to follow a non
routine procedure <the defense sought leave of court
to allow the defendant to exit the courtroom when the
autopsy photographs are shown>. -Often shortened
to leave.
leave to sit. Parliamentary law. Permission from a delib
erative assemblv for a committee or other subordinate
body to meet while the assembly is meeting.
LEe. abbr. LOCAL-EXCHANGE CARRIER.
leccator (l..-kay-t ..r). [LatinJ Archaic. A debauched
person; a lecher. Also termed lecator.
lecherwite (lech-<'lr-wIt). See LAIRWITE.
lecture method. See HORNBOOK METHOD.
ledger (lej-<'lr). (16c) 1. A book or series ofbooks used for
recording financial transactions in the form ofdebits
and credits. Also termed general ledger. [Cases:
Evidence 2. Archaic. A resident ambassa
dor or agent. termed (in sense 2) leger; lieger.
ledo (lee-doh), n. [Latin] Hist. The rising water ofthe sea;
neap tide. See neap


o (lee-doh), n. [Latin] Hist. The rising water ofthe sea;
neap tide. See neap tide under TIDE.
leet (leet). Hist. A criminal court. -The last leets were
abolished in England in 1977.
"Leet is a court derived out of the sheriff's turn, and
inquires of all offences under the degree of high treason
that are committed against the crown and dignity of the
king. But those offences which are to be punished with
loss of life or member, are only inquirable there, and to be
certified over to the justices of assise. See stat. 1 E. 3, c.
17:' Termes de 10 Lev 278-79 (lst Am. ed. 1812).
left-handed marriage. See morganatic marriage under
MARRIAGE (1).
legabilis (I<'l-gay-b<'l-lis), n. [Latin] Hist. Property or goods
that may be given by wilL -As an adjective, the term
also meant "bequeathable.
legable, adj. (Of property) capable of being
bequeathed.
legacy (Ieg-a-see), n. (15c) A gift by will, esp. ofpersonal
property and often of money. Cf. BEQUEST; DEVISE.
[Cases: Wills
absolute legacy. A legacy given without condition and
intended to vest immediately. Cf. vested legacy.
accumulated legacy. A legacy that has not yet been paid
to a legatee. accumulative legacy. See additional legacy.
additional legacy. A second legacy given to a legatee
in the same will (or in a codicil to the same will) that
gave another legacy. _ An additional legacy is supple
mentary to another and is not considered merely a
repeated expression of the same gift. -Also termed
accumulative legacy; cumulative legacy. [Cases: Wills
(:=585.]
alternate legacy. (1983) A legacy by which the testator
allows the legatee to choose one of two or more
items.
conditional legacy. (17c) A legacy that will take effect
or be defeated subject to the occurrence or nonoccur
rence ofan event. [Cases: Wills (;=>639-668.]
contingent legacy. (18c) A legacy that depends on
an uncertain event and thus has not vested. -An
example is a legacy given to one's granddaughter "if
she attains the age of21. [Cases: Wills (;=>628-638.]
cumulative legacy. See additional legacy.
demonstrative legacy (di-mon-str<'l-tiv). (18c) A legacy
paid from a particular source if that source has
enough money. -If it does not, the amount of the
legacy not paid from that source is taken from the
estate's general assets. lCases: Wills
failed legacy. See lapsed legacy.
general legacy. (18c) L A gift ofpersonal property that
the testator intends to come from the estate's general
assets, payable in money or items indistinguishable
from each other, such as shares of publicly traded
stock. [Cases: Wills 2. Civil law. A testator's
gift ofa fraction or proportion ofthe estate remaining
after particular legacies have been satisfied. 3. Civil
law. A testator's gift ofall, a fraction, or a proportion
of one of certain categories of property, as specified
by statute. See La. Civ. Code arts. 1586, 3506(28).
Also termed legacy under a general title. Cf. particular
legacy; universal legacy.
lapsed legacy. (18c) A legacy to a legatee who dies either
before the testator dies or before the legacy is payable.
-It falls into the residual estate unless the jurisdic
tion has an antilapse statute. Also termedfailed
legacy;failed gift. See ANTILAPSE STATUTE. [Cases:
Wills (;=>774-777.J
legacy under a general title. See general legacy.
legacy under a particular title. See particular legacy.
legacy under a universal title. Louisiana law. A testa
mentary disposition ofall immovable property, or all
movable property, or a fixed proportion ofall immov
able property or ofall movable property. La. Civ. Code
art. 1612. Cf. general legacy; particular legacy; univer
sal legacy. [Cases: Wills c~583.J
modal legacy (moh-d ..l). A legacy accompanied by
directions about the manner in which it will be
applied to the legatee's benefit <a modal legacy for
the purchase ofa business>.

975
particular legacy. Civil law. A testamentary gift that is
not expressed as a fraction or proportion and is less
than all the estate; any testamentary gift that does not
meet the definition ofa general legacy or a universal
legacy. See La. Civ. Code arts. 1587, 3506(28). -Also
termed legacy under a particular title. Cf. general
legacy; universal legacy. [Cases: Wills C=>586.]
pecuniary legacy (pi-kyoo-nee-er-ee). (18c) A legacy of
a sum ofmoney. [Cases: Wills C=>567.]
reSiduary legacy (ri-zij-oo-er-ee). (l8c) A legacy ofthe
estate remaining after the satisfaction of all claims
and all specific, general, and demonstrative legacies.
[Cases: Wills C=>586.]
special legacy. See spec~fic legacy.
specific legacy. (l8c) A legacy of a specific or unique
item ofproperty, such as any real estate or a particu
lar piece of furniture. Also termed specialZegacy.
[Cases: Wills 754.]
substitutional legacy. (1894) A legacy that replaces a
different legacy already given to a legatee.
trust legacy. A legacy of personal property to trustees
to be held in trust, with the income usu. paid to a
specified beneficiary.
universal legacy. Louisiana law. A testamentary dispo
sition ofall property, movable and immovable, to one
or more persons. La. Civ. Code art. 1585. Cf. general
legacy; legacy under a universal title; particular legacy.
[Cases: Wills C=>583.]
vested legacy. (18c) A legacy given in such a way that the
legatee has a fixed, indefeasible right to its payment.
A legacy is said to be vested when the testator's words
making the bequest convey a transmissible interest,
whether present or future, to the legatee. Thus, a legacy
to be paid when the legatee reaches the age of 21 is a
vested legacy because it is given unconditionally and
absolutely. Although the legacy is vested, the legatee's
enjoyment ofit is deferred. Cf. absolute legacy; contin
gent legacy. [Cases: Wills (:::'628-638.)
void legacy. (l8c) A legacy that never had any legal exis
tence. -The subject matter ofsuch a legacy is treated
as a part of the estate and passes under the residuary
clause of a will or (in the absence ofa residuary clause)
under the rules for intestate succession. [Cases: Wills
~849-872.]
legacy duty. See legacy tax under TAX.
legacy tax. See TAX.
legal, adj. (lSc) 1. Ofor relating to law; falling within
the province oflaw <pro bono legal services>. 2. Estab
lished, required, or permitted by law; LAWFUL <it is
legal to carry a concealed handgun in some states>.
3. Of or relating to law as opposed to equity. [Cases:
Action C=>21.J
legal act. (l5c) 1. Any act not condemned as illegal.
For example, a surgeon's incision is a legal act, while
stabbing is an illegal one. 2. An action or undertaking
that creates a legally recognized obligation; an act that
binds a person in some way. Legal Code
"A lunatic, though capable of holding property, was in
Roman law incapable of any legal act." Thomas E. Holland,
The Elements ofJurisprudence 354 (13th ed. 1924).
3. See act in the law under ACT. 4. See act of the law
under ACT.
legal-acumen doctrine (lee-gal a-kyoo-man). (1905) The
principle that ifa defect in, or the invalidity of, a claim
to land cannot be discovered without legal expertise,
then equ ity may be invoked to remove the cloud created
by the defect or invalidity.
legal-advice exception. 1. The rule that an attorney may
withhold as privileged the client's identity and infor
mation regarding fees, if there is a strong probability
that disclosing the information would implicate the
client in the criminal activity for which the attorney
was consulted. [Cases: Privileged Communications and
Confidentiality C=> 146.)2. An exemption contained in
open~meetings legislation, permitting a governmen
tal body to meet in closed session to consult with its
attorney about certain matters. [Cases: Administrative
Law and Procedure C=>124.]
legal age. (l8c) 1. See age ofcapacity under AGE. 2. See
age ofmajority (1) under AGE.
legal aid. (1890) Free or inexpensive legal services
provided to those who cannot afford to pay full price.
-Legal aid is usu. administered locally by a specially
established organization. See LEGAL SERVICES CORPO
RATION.
legal analyst. See PARALEGAL.
legal asset. See ASSET.
legal assistant. (1939) 1. PARALEGAL. 2. A legal secre
tary.
legal benefit. See BENEFIT (2).
legal brief. See BRIEF (1).
legal capital. See CAPITAL.
legal cause. See proximate cause under CAUSE (1).
legal centralism. The theory suggesting that state~con
structed legal entities form the center oflegallife and
control lesser normative systems (such as the family or
business networks) that define appropriate behavior
and social relationships. -Also termed legal centrism;
legocentrism (lee-goh-sen-triz-~m).
legal-certainty test. (1964) Civil procedure. A test
deSigned to determine whether the amOl1nt in contro
versy satisfies the minimum needed to establish the
court's jurisdiction. _ The amount claimed in the com
plaint will control unless there is a "legal certainty" that
the claim is actually less than the minimum amount.
See AMOUNT IN CONTROVERSY. [Cases: Federal Courts
C=>350, 359; Removal ofCases C=>75, 107(7).]
legal citology (sl-tol-a-jee). (1996) 'The study ofcitations
(esp. in footnotes) and their effect on legal scholar
ship. Often shortened to citology. legal citologist
(sI~tol-a-jist), n.
Legal Code. See CODE (2).

976 legal conclusion
legal conclusion. (l7c) A statement that expresses a legal
duty or result but omits the facts creating or supporting
the duty or result. Cf. CONCLUSION OF LAW; CONCLU
SION OF FACT; FINDING OF FACT.
legal consideration. See valuable consideration under
CONSIDERATION (1).
legal correlative. A legal status that has a corresponding
or reciprocal status, such as a right that corresponds to
a duty . Wesley Newcomb Hohfeld ofYale Law School
first introduced the bases for the concept oflegal correl
atives in two articles published in the Yale Law Journal
in 1913 and 1917. He polished the concept in the book
Fundamental Legal Conceptions, as Applied in Judicial
Reasoning and Other Legal Essays, published posthu
mously in 1919.
"Rights and duties have a distinct relationship and are
called legal correlatives by Hohfeld. In terms of intellectual
property, the right is a right to do certain things, such as
making copies of a work of copyright, making articles to
a design covered by a design right, or making products
in accordance with a patented invention. The correlative
duty is a duty owed by all others not to infringe the right.
This duty exists even if the person infringing the right
does not know of it. Looking at Hohfeld's scheme again,
it can be seen that there are associated privileges and' no
rights.' The right resulting from the operation of intellec
tual property gives the owner of that right a corresponding
privilege, that is the privilege to exploit the work. The cor
relative 'no right' is to the effect that persons other than
the owner do not have this privilege." David Bainbridge,
Intellectual Property 11 (5th ed. 2002),
legal cruelty. See CRUELTY.
legal custody. 1. See CUSTODY (2). 2. See CUSTODY (3). 3.
See DECISION-MAKING RESPONSIBILITY.
legal custom. See CUSTOM.
legal death. 1. See brain death under DEATH. 2. See civil
death (2) under DEATH. 3. See civil death (3) under
DEATH.
legal debt. See DEBT.
legal defense. See DEFENSE (1).
legal demand. See DEMAND (1).
legal dependent. See DEPENDENT.
legal description. (18c) A formal description of real
property, including a description of any part subject
to an easement or reservation, complete enough that a
particular piece ofland can be located and identified.
 The description can be made by reference to a gov
ernment survey, metes and bounds, or lot numbers ofa
recorded plat. -Also termed land description. [Cases:
Deeds <>37.]
legal detriment. See DETRIMENT (2).
legal discretion. See judicial discretion under DISCRE
TION.
legal distributee. See DISTRIBUTEE.
legal drafting. See DRAFTING.
legal duty. See DUTY (1).
legal-elements test. (1980) Criminal law. A method of
determining whether one crime is a lesser included offense in relation to another crime, by examining the
components of the greater crime to analyze whether
a person who commits the greater crime necessarily
commits the lesser one too. Also termed same-ele
ments test. [Cases: Double Jeopardy <>;)162; Indictment
and Information <>189, 191.]


ases: Double Jeopardy <>;)162; Indictment
and Information <>189, 191.]
legal entity. (18c) A body, other than a natural person,
that can function legally, sue or be sued, and make deci
sions through agents . A typical example is a corpora
tion. C[ artificial person under PERSON (3).
legalese (lee-ga-leez). (1914) The jargon characteristically
used by lawyers, esp. in legal documents <the partner
chided the associate about the rampant legalese in the
draft sublease>. -Also termed law-talk. See PLAIN
LANGUAGE MOVEMENT.
legal estate. See ESTATE (1).
legal estoppel. See ESTOPPEL.
legal ethics. (1828) 1. Standards ofprofessional conduct
applicable to members of the legal profeSSion. Ethical
rules consist primarily of the ABA Model Rules of Pro
fessional Conduct and the earlier ABA Model Code
of Professional Responsibility, together with related
regulatory judgments and opinions. The Model Rules
of Professional Conduct have been enacted into law,
often in a modified form, in most states. 2. The study
ofsuch standards. 3. A lawyer's practical observance of
or conformity to established standards ofprofeSSional
conduct. See MODEL RULES OF PROFESSIONAL CONDUCT.
[Cases: Attorney and Client <>32(2).]
"In one sense, the term 'legal ethics' refers narrowly to the
system of professional regulations governing the conduct
of lawyers. In a broader sense, however, legal ethics is
simply a special case of ethics in general, as ethics is
understood in the central traditions of philosophy and
religion. From this broader perspective, legal ethics cuts
more deeply than legal regulation: it concerns the funda
mentals of our moral lives as lawyers." Deborah L. Rhode
& David Luban, Legal EthicS 3 (1992).
legal etiquette. The profeSSional courtesy that lawyers
have traditionally observed in their professional
conduct, shown through civility and a strong sense of
honor. -Also termed etiquette ofthe profession.
legal evidence. See EVIDENCE.
legal excuse. See EXCUSE (2).
legal fact. See FACT.
legal father. See FATHER .
legal fence. See LAWFUL FENCE.
legal fiction. (l7c) An assumption that something is true
even though it may be untrue, made esp. in judicial rea
soning to alter how a legal rule operates; specif., a device
by which a legal rule or institution is diverted from its
original purpose to accomplish indirectly some other
object.  The constructive trust is an example of a legal
fiction. -Often shortened to fiction. Also termed
fiction oflaw;fictio juris. [Cases: Trusts
"I ... employ the expression 'Legal Fiction' to signify any
assumption which conceals, or affects to conceal, the
fact that a rule of law has undergone alteration, its letter
remaining unchanged, its operation being modified ....

977
It is not difficult to understand why fictions in all their
forms are particularly congenial to the infancy of society.
They satisfy the desire for improvement, which is not quite
wanting, at the same time that they do not offend the
superstitious disrelish for change which is always present:'
Henry S. Maine, Ancient Law 21-22 (1 7th ed. 1901).
"legal fiction is the mask that progress must wear to pass
the faithful but blear-eyed watchers of our ancient legal
treasures. But though legal fictions are useful in thus miti
gating or absorbing the shock of innovation, they work
havoc in the form of intellectual confusion." Morris R.
Cohen, Law and the Social Order 126 (1933).
legal force. See reasonable force under FORCE.
legal formalism, n. (1895) The theory that law is a set of
rules and principles independent of other political and
social institutions . Legal formalism was espoused by
such scholars as Christopher Columbus Langdell and
Lon Fuller. Cf. LEGAL REALISM. legal formalist, n.
legal fraud. See constructive fraud (I) under FRAUD.
legal heir. See HEIR (1).
legal holiday. (1867) A day designated by law as exempt
from court proceedings, issuance of process, and the
like. Legal holidays vary from state to state. Some
times shortened to holiday. -Also termed nonjudicial
day. [Cases: Holidays (~L]
legal hybrid. Property. A cooperative housing unit in
which the same person holds a lease and also owns
stock in the cooperative association that owns or leases
the unit. [Cases: Landlord and TenantC=>350.]
legal impossibility. See IMPOSSIBILITY.
legal inconsistency. See legally inconsistent verdict under
VERDICT.
legal injury. See INJURY.
legal-injury rule. (1956) The doctrine that the statute of
limitations on a claim does not begin to run until the
claimant has sustained some legally actionable damage.
 Under this rule, the limitations period is tolled until
the plaintiff has actually been injured. Also termed
damage rule. [Cases; Limitation of Actions C=>43.]
legal innocence. See INNOCENCE.
legal insanity. See INSANITY.
legal instrument. See INSTRUMENT (1).
legal interest. 1. INTEREST (2). 2. INTEREST (3).
legal interruption. See INTERRUPTION.
legal intromission. See INTROMISSION.
legal investments. See LEGAL LIST.
legalis homo (Ia-gay-lis hoh-moh). [Latin "lawful man"]
Hist. A person who has full legal capacity and full legal
rights; one who has not been deprived of any rights in
court by outlawry, excommunication, or infamy . A
legalis homo was said to stand rectus in curia ("right in
court"). A lawful man was able to serve as a juror and to
swear an oath. Pl.legales homines (la-gay-leez hom-a
neez). -Also termed legal man; lawful man; lageman;
liber et legalis homo. See RECTUS IN CURIA. legally
legalism, n. (1928) 1. Formalism carried almost to the
point of meaninglessness; an inclination to exalt the
importance oflaw or formulated rules in any area of
action.
"What is legalism? It is the ethical attitude that holds moral
conduct to be a matter of rule following, and moral rela
tionships to consist of duties and rights determined by
rules." Judith N. Shklar, Legalism: Law, Morals, and Political
Trials 1 (1964).
"If ... the law and the lawyer are to make a socially valuable
contribution to the operation of the social security system,
there must be abandoned old-established habits of
thought as to the nature of law and the whole gamut of
practices summed up in the layman's word of deadly insult,
'legalism' his word for rigid attachment to legal prec
edent, the substitution of legal rule for policy, the fettering
of discretion, the adversary style, the taking of technical
points, formality." leslie Scarman, English Law The New
Dimension 43 (1974).
2. A mode of expression characteristic oflawyers; a
jargonistic phrase characteristic of lawyers, such as
"pursuant to."
legalis moneta Angliae (la-gay-lis ma-nee-ta ang-glee
eel, n. [Latin] Lawful money of England.
legal issue. See ISSUE (1).
legalist, n. (1829) A person who views things from a
legal or formalistic standpoint; esp., one who believes
in strict adherence to the letter of the law rather than
its spirit.
legalistic, adj. (l7c) Characterized by legalism; exalting
the importance of law or formulated rules in any area
of action <a legalistic argument>.
legality. (ISc) 1. Strict adherence to law, prescription, or
doctrine; the quality ofbeing legal. 2. The principle that
a person may not be prosecuted under a criminal law
that has not been previously published. Also termed
(in sense 2) principle oflegality.
legalize, vb. (18c) 1. To make lawful; to authorize or
justify by legal sanction <the bill to legalize marijuana
never made it to the Senate floor>. 2. To imbue with the
spirit of the law; to make legalistic <as religions age,
they tend to become legalized>. -legalization, n.
legalized nuisance. See NUISANCE.
legal jeopardy. See JEOPARDY.
legal jointure. See JOINTURE (2).
legal liability. See LIABILITY (1).
legal life estate. See life estate under ESTATE (1).
legal life tenant, See LIFE TENANT.
legal list. A group of investments in which institutions
and fiduciaries (such as banks and insurance com
panies) may legally invest according to state statutes.
 States usu. restrict the legal list to low-risk securi
ties meeting certain specifications. -Also termed
approved list; legal investments.
legally, adv. (16c) In a lawful way; in a manner that
accords with the law.

978 legally determined
legally determined, adj. (17c) (Of a claim, issue, etc.)
decided by legal process <liability for the accident was
legally determined>.
legally incapacitated person. (1919) A person, other than
a minor, who is temporarily or permanently impaired
by mental illness, mental deficiency, physical illness or
disability, or alcohol or drug use to the extent that the
person lacks sufficient understanding to make or com
municate responsible personal decisions or to enter into
contracts. Abbr. LIP. -Also termed legally incom
petent person; incompetent, n.
legally inconsistent verdict. See VERDICT.
legally liable. See LIABLE.
legally protected interest. See INTEREST (2).
legally sufficient consideration. See sufficient consider
ation under CONSIDERATION (1).
legal malice. See implied malice under MALICE.
legal malpractice. See MALPRACTICE.
legal man. See LEGALIS HOMO.
legal maxim. See MAXIM.
legal memory. (1882) The period during which a legal
right or custom can be determined or established .
Traditionally, common-law legal memory began in
the year 1189, but in 1540 it became a steadily moving
period of60 years. Cf. TIME IMMEMORIAL (1).
"Because of the importance to feudal landholders of seisin
and of real property in general, the writ of right has been
called 'the most solemn of all actions.' Nevertheless, it
was believed that the time within which such a complain
ant would be allowed to prove an ancestor to have been
seised of the estate in question must be limited. At first this
was done by selecting an arbitrary date in the past, before
which 'legal memory' would not run. The date initially was
Dec. 1, 1135 (the death of Henry I); in 1236 it was changed
by statute to Dec. 19, 1154 (the coronation of Henry II); and
in 1275 it became Sept. 3, 1189 (the coronation of Richard
I). Finally, in 1540, an arbitrary period of sixty years was
set as the period of 'legal memory.' The latter change was
probably made because it was felt that a 350-year statute
of limitations was somewhat awkward." Thomas F. Bergin
& Paul G. Haskell, Preface to Estates in Land and Future
Interests 45 n.65 (2d ed. 1984).
legal mind. (i8c) The intellect, legal capacities, and
attitudes of a well-trained lawyer -often used as a
personified being <although this distinction occurs
naturally to the legal mind, it is too technical to be sat
isfactory>.
legal monopoly. See MONOPOLY.
legal moralism. (1963) The theory that a government or
legal system may prohibit conduct that is considered
immoraL
legal mortgage. See MORTGAGE.
legal name. See NAME.
legal negligence. See negligence per se under NEGLI
GENCE.
legal newspaper. See ;-JEWSPAPER.
legal notice. See NOTICE.
legal obligation. See OBLIGATION. legal officer. See OFFICER (2).
legal opinion. See OPINION (2).
legal order. (l6c) 1. Traditionally, a set of regulations
governing a society and those responsible for enforcing
them. 2. Modernly, such regulations and officials plus
the processes involved in creating, interpreting, and
applying the regulations.
legal owner. See OWNER.
legal parent. See PARENT (1).
legal paternalism. (1913) The theory that a government
or legal system is justified in controlling the individual
and private affairs of citizens. This theory is often
associated with legal pOSitivists. See PATERNALISM;
LEGAL POSITIVISM.
legal person. See artificial person under PERSON (3).
legal personality. See PERSONALITY (1).
legal-personal representative. See REPRESENTATIVE.
legal philosophy. See general jurisprudence (2) under
JURISPRUDENCE.
legal pneumoconiosis. See PNEUMOCONIOSIS.
legal portion. See LEGITIME.
legal positivism, n. (I939) The theory that legal rules
are valid only because they are enacted by an existing
political authority or accepted as binding in a given
society, not because they are grounded in morality or
in natural law. -Legal positivism has been espoused
by such scholars as H.L.A. Hart. See POSITIVE LAW. Cf.
LOGICAL POSITIVISM. -legal positivist, n.
"[Ilt will be helpful to offer some comparisons between
legal positivism and its counterpart in science. Scien
tific positivism condemns any inquiry projecting itself
beyond observable phenomena; it abjures metaphysics, it
renounces in advance any explanation in terms of ultimate
causes. Its program of research is to chart the regulari
ties discernible in the phen


in advance any explanation in terms of ultimate
causes. Its program of research is to chart the regulari
ties discernible in the phenomena of nature at the point
where they become open to human observation, without
asking as it were -how they got there. In the setting of
limits to inquiry there is an obvious parallel between scien
tific and legal positivism. The legal positivist concentrates
his attention on law at the point where it emerges from
the institutional processes that brought it into being. It is
the finally made law itself that furnishes the subject of his
inquiries. How it was made and what directions of human
effort went into its creation are for him irrelevancies." Lon
L. Fuller, Anatomy of the Law 177-78 (1968).
legal possessor. See POSSESSOR.
legal practice. See PRACTICE OF LAW.
legal practitioner. 1. A lawyer. 2. In the traditional
English system, a member of one of the recognized
branches ofpractice.
"Legal practitioners may be either barristers, special
pleaders not at the bar, certified conveyancers, or solici
tors. The three latter may recover their fees, but the first
may not, their acting being deemed of a voluntary nature,
and their fees merely in the light of honorary payments;
and it follows from this, that no action lies against them
for negligence or unskilfulness." John Indermaur, Principles
of the Common Law 169 (Edmund H. Bennett ed., 1st Am.
ed. 1878).
legal prejudice. See PREJUDICE.

979
legal presumption. See presumption oflaw under PRE
SUMPTION.
legal proceeding. 07c) Any proceeding authorized by
law and instituted in a court or tribunal to acquire a
right or to enforce a remedy.
legal process. See PROCESS.
legal question. See QUESTION OF LAW.
legal rate. See INTEREST RATE.
legal realism, n. (1930) The theory that law is based, not
on formal rules or principles, but instead on judicial
decisions that should derive from social interests and
public policy. _ American legal realism which flour
ished in the early 20th century was espoused by
such scholars as John Chipman Gray, Oliver Wendell
Holmes, and Karl Llewellyn. Cf. LEGAL FORMALISM.
legal realist, n.
legal regime. See REGIME.
legal relation. The connection in law between one person
or entity and another; VINCULUM JURIS.
legal remedy. See REMEDY.
legal representative. See REPRESENTATIVE.
legal rescission. See RESCISSION.
legal research. (18c) l. The finding and assembling of
authorities that bear on a question oflaw. 2. The field
of study concerned with the effective marshaling of
authorities that bear on a question oflaw.
legal reserve. See RESERVE.
legal residence. See DOMICILE (2).
legal right. See RIGHT.
legal ruling. See RULING.
legal science. (ISc) The field of study that, as one of the
social sciences, deals with the institutions and prin
ciples that particular societies have developed (1) for
defining the claims and liabilities of persons against
one another in various circumstances, and (2) for
peaceably resolving disputes and controversies in
accordance with principles accepted as fair and right
in the particular community at a given time.
legal secretary. (IS97) An employee in a law office whose
responsibilities include typing legal documents and
correspondence, keeping records and files, and per
forming other duties supportive of the employer's
law practice. -Legal secretaries are usu. more highly
skilled, and therefore more highly compensated, than
secretaries in general business.
legal seisin. See seisin in law under SEISIN.
legal separation. 1. See SEPARATION (1). 2. See SEPA
RATION (2). 3. See divorce a mensa et thoro under
DIVORCE.
Legal Services Corporation. A nonprofit federal corpo
ration that provides financial aid in civil cases to those
who cannot afford legal assistance through grants to
legal-aid and other organizations and by contracting
with individuals, firms, corporations, and organizations legate
to provide legal services. -TIle agency was created by
the Legal Services Corporation Act of 1974.42 USCA
 2996. [Cases: Corporations <:;::)377.5.]
legal servitude. See SERVITUDE (2).
legal signature. See SIGNATURE.
legal subdivision. See SUBDIVISION.
legal subrogation. See SUBROGATION.
legal succession. l. See SUCCESSION (2). 2. See DESCENT.
legal tender. (I8c) The money (bills and coins) approved
in a country for the payment of debts, the purchase of
goods, and other exchanges for value. See TENDER (5).
[Cases: United States (?34.]
legal theory. (1804) 1. See general jurisprudence under
JURISPRUDENCE. 2. The principle under which a litigant
proceeds, or on which a litigant bases its claims or
defenses in a case.
legal title. See TITLE (2).
legal tutorship. See TUTORSHIP.
i legal-unities doctrine. Elist. The common-law rule that
a wife had no separate existence from her husband.
Also termed doctrine oflegal unities; unities doctrine
ofmarriage. See MARRIED WOMEN'S PROPERTY ACTS;
SPOUSAL-UNITY DOCTRINE.
legal usufruct. See USUFRUCT.
legal value. See BENEFIT (2).
I legal vote. See VOTE (1).
legal voter. See VOTER (2).
legal willfulness. See WILLFULNESS.
Legal Writing Institute. A nonprofit corporation
founded in 1984 to promote the exchange of informa
tion and ideas about the teaching oflegal writing. -It is
composed mainly oflegal-writing teachers at American
law schools. Like its sister organization, the Associa
tion ofLegal Writing Directors, it seeks to improve the
teaching oflegal writing through research and scholar
ship, a biennial conference, an annual survey of legal
writing programs, an active Iistserv, and publications
that include a journal called Legal Writing. Abbr.
LWI.
legal wrong. See WRONG.
legantine. See LEGATINE.
legare (la-gair-ee), vb. [Latin] Roman law. To bequeath
one or more specified items to some person other than
an heir, or to make such a bequest to an heir in advance
ofthe estate's division between the heirs.
legatarius (leg-d-tair-ee-as), n. [Latin] 1. Roman law. The
person to whom property is bequeathed; the named
recipient of a legatum; LEGATEE. 2. Hist. A legate; a mes
senger or envoy. See LEGATE. PL legatarii.
legatary (leg-a-ter-ee), n. Archaic. See LEGATEE.
legate (leg-it), n. [fro Latin legare "to send as an envoy"]
(I2c) 1. Roman law. An official who undertakes a special
mission for the emperor, or an official or body such as a
municipality. 2. Roman law. A person deputed to assist

980 legate
or act for the emperor, a governor, or a general in a
military or administrative activity. 3. A papal represen
tative who mayor may not have both diplomatic and
ecclesiastical status; a diplomatic agent ofthe Vatican.
Cf. NUNCIO (1); INTERNUNCIO (3).
legate a latere (ay lat-<l-ree). See legatus a latere under
LEGATUS.
legate missus (mis-Js). See legatus missus under
LEGATUS.
legate natus (nay-tds). See legatus natu5 under
LEGATUS.
4. A representative of a state or the highest authority in
a state; an ambassador; a person commissioned to rep
resent a country in a foreign country. -Also termed
legatus. legatine, adj.
legate (lJ-gayt), vb. To give or leave as a legacy; to make
a testamentary gift of(property); BEQUEATH.
legatee (Ieg-J-tee). (17c) 1. One who is named in a will to
take personal property; one who has received a legacy
or bequest. [Cases: Wills ~492-520.]2. Loosely, one
to whom a devise of real property is given. -Also
termed (archaically) legatary. Cf. DEVISEE.
general legatee. A person whose bequest is of a speci
fied quantity to be paid out of the estate's personal
assets. [Cases: Wills C':::)756.]
residuary legatee (ri-zij-oo-er-ee). (18c) A person des
ignated to receive the residue of a decedent's estate.
See residuary estate under ESTATE (3). [Cases: Wills
<8=,586.]
specific legatee. (18c) The recipient, under a will, ofdes
ignated property that is transferred by the owner's
death. [Cases: Wills 754.]
universal legatee. A residuary legatee that receives the
entire residuary estate.
legatine (leg-J-teen or -tm), adj. Of or relating to a
legate. Also termed (erroneously) legantine.
legatine constitution. Hist. Eccles. law. A code ofecdesi
asticallaws issued with the authority ofa papal legate,
such as those enacted in English national synods in
1220 and 1268.
legatine court. See COURT.
legation (l<l-gay-sh;m). (14c) Int'llaw. 1. The act or
practice of sending a diplomat to another country; a
diplomatic mission. 2. A body of diplomats sent to a
foreign country and headed by an envoy extraordi
nary or a minister plenipotentiary. 3. The official resi
dence of a diplomatic minister in a foreign country.
Cf. EMBASSY.
legator (l<l-gay-tJr or leg-d-tor), n. Rare. One who
bequeaths a legacy; TESTATOR.
legatory (leg-J-tor-ee), n. Hist. The one-third portion of
a freeman's estate in land that he could dispose of by
will. -The other two portions of the estate were subject
to claims ofthe wife and children. legatum (lJ-gay-tdm), n. [Latin fr.legare "to bequeath"]
1. Roman law. A special bequest; a gift left by a deceased
person to be paid from the estate by the heir. -Unlike an
heir, a legatee acquired a benefit and no duties attached.
2.l:list. A legacy or bequest to the church, esp. for tithes
not paid while the donor lived. See MORTUARY.
legatum debiti (l<l-gay-t<lm deb-<l-tI). [Latin "legacy of
debt"] Roman law. A legacy to the decedent's creditor
of what the decedent owes. _ This type oflegacy was
void unless it bettered the creditor's position in some
way, as by removing a valid defense that the debtor
had to the creditor's claim.
legatum dotis (I<1-gay-t<lm doh-tis). [Latin] Roman
law. A legacy ofdowry. - A husband might bequeath
a dowry back to his wife, the result being that the
husband's heirs were not entitled to retain the usual
deductions for children, and the widow could receive
her dowry immediately.
legatum generis (IJ-gay-t<lm jen-<l-ris). [Latin "legacy of
a genus") Roman law. A legacy ofa subject ofa general
class; a legacy ofa kind ofthing, rather than a specifi
cally named item. For example, the testator might
make a gift of a horse without specifically naming
which one often horses in the estate.
"Legatum generis .... Normally the testator set in his tes
tament who had to make the choice from among the things
of the same kind (slaves, horses) belonging to the estate:
the heir, the legatee or a third person. The jurists did not
agree about the solution [when] ... the testator did not
entitle any person to make the selection. Apparently the
rules varied according to the form in which such a legacy
(/egatum) was left. The Justinian law favored the choice
by the legatee." Adolf Berger, Encyclopedic Dictionary of
Roman Law 540 (1953).
legatum liberationis (IJ-gay-tJm lib-J-ray-shee-oh
nis). [Latin "legacy of a discharge"] Roman law.
A legacy by which a testator released the indebted
legatee from a debt. -Also termed liberatio legata
(lib-<l-ray-shee-oh l;)-gay-td).
legatum nominis (ld-gay-tdm nahm-J-nis). [Latin
"legacy of a name"] Roman law. A legacy by which
a testator willed to the legatee a debt owed to the
testator from a third party. -The heir was obliged to
hand over the relevant documents and cede any rights
ofaction on them.
legatum optionis (lJ-gay-tJm op-shee-oh-nis). [Latin
"legacy ofan option"] Roman law. A legacy ofone of
several items that the deSignated beneficiary chooses
from the testator's estate . Originally, if the legatee
died after the testator but before making the selection,
the legacy failed. Justinian later changed the law to
make selection by the legatee's representative under
these circumstances valid.
legatum peculii (lJ-gay-t<lm pi-kyoo-lee-I). [Latin]
Roman law. A legacy of a peculium to a free person
or to a manumitted slave; a legacy ofa slave's peculium
with or without the slave. See PECULIUM.
legatum quantitatis (lJ-gay-t<lm kwon-ti-tay-tis).
[Latin "a legacy of quantity"] Roman law. A general

legacy of a certain amount, such as a legacy of two
horses.
legatum rei alienae (l,,-gay-tiJm ree-I


a legacy of two
horses.
legatum rei alienae (l,,-gay-tiJm ree-I ay-lee-ee-nee or
al-ee-). [Latin "a legacy of something belonging to
another"] Roman law. A legacy ofan item that belongs
to a third party. The heir was obliged to purchase
the item from the third party, if that was possible,
and give it to the legatee or otherwise pay its value
to the legatee.
legatum universitatis (l,,-gay-tiJm yoo-ni-vdr-sd-tay
tis). [Latin "a universal legacy"] Hist. A legacy of the
testator's entire estate.
legatus (\iJ-gay-tds), n. A legate. PI. 'egati (liJ-gay-tr) See
LEGATE.
legatus a latere (ay lat-d-ree). [Latin "legate from
the (Pope's) side"] A papal legate (esp. a cardinal)
appointed for a special diplomatic mission and not as
a permanent representative . This is a type oflegatus
missus. Also termed legate a latere. Cf. NUNCIO.
legatus datus (day-tds). See legatus missus.
legatus missus (mis-iJs). [Latin "legate sent"] A legate
sent on a special mission. -Also termed legate
missus; legatus datus (day-tds).
legatus natus (nay-tds). [Latin "legate born"] A bishop
or archbishop who claims to be a legate by virtue of
office in an important see, such as Canterbury.
Also termed legate natus.
legem amittere (Iee-jdm d-mit-d-ree), vb. [Latin "to lose
one's law"] Hist. To lose the privilege oftaking an oath,
usu. because of a criminal conviction.
legem Jacere (lee-jam fay-siJ-ree), vb. [Law Latin] Hist.
To make an oath; to wage law.
legem Jerre (Iee-j"m fer-ee), vb. [Latin "to carry the
proposal"] Roman law. 1. To propose a law to the
popular assembly. 2. To enact a law.
legem habere (lee-j"m h<l-beer-ee), vb. [Latin] Hist. To
be able to testify under oath. In England, witnesses
with criminal convictions were unable to testify until
the 19th century, by the Evidence Act of 1843 (6 & 7
Vict., ch. 85).
legem jubere (lee-jam jd-beer-ee), vb. [Latin] Roman law.
To pass a proposed law.
legem ponere (lee-jdm poh-n,,-ree), vb. [Latin] Hist. 1.
To propound a law. 2. To pay in cash.
legem sciscere (lee-jdm sis-d-ree), vb. [Latin] Roman law.
(Of the people) to consent to a proposed law.
legem vadiare (lee-jam vad-ee-air-ee), vb. [Latin] Hist.
To wage law; to offer to make a sworn defense to an
action for debt, accompanied by 11 neighbors as char
acter witnesses. See COMPURGATION.
legenita. See LAIRWITE.
leger, n. Archaic. See LEDGER (2).
legerwite. See LAIRWITE.
leges (lee-jeez), n. pI. [Latin] 1. See LEX. 2. See LEGES
PUBLICAE. leges Angliae (lee-jeez aug-glee-ee). [Latin] Hist. The
laws of England, as distinguished from the civil law
and other legal systems.
leges barbarorum (Iee-jeez bahr-ba-ror-<lm). [Latin
"laws of the barbarians"] Hist. The customary laws
of medieval European law; esp., the customary laws
of Germanic tribes during the Middle Ages . These
include the lex ramana Visigotharum, the lex Burgun
diallum, and the lex Saliea. -Also termedfolk Laws.
See SALIC LAW.
"Many of the conquering Germanic tribes sought to state
their own tribal customs in writing. Several of these so
called codes or leges barbarorum were published from
time to time shortly after the fall of the Western Empire
in the middle of the fifth century until about the time of
Charlemagne, 800. The most famous is a Frankish one, the
Lex Salica, which probably dates from the second half of
the fifth century," W.j.V. Windeyer, Lectures on Legal History
1 (2d ed. 1949).
leges centuriatae. See LEX CENTURrATA.
leges curiatae. See LEX CURIATA.
leges de imperio. See LEGES IMPERII.
leges Edwardi ConJessoris (lee-jeez ed-wahr-dr kon
fd-sor-is), n. [Latin "Laws of Edward the Confessor"]
Hist. A legal treatise written between 1130 and 1135, of
dubious authority, compiling English law as it stood at
the end of the reign of Henry I.
"[Wje have a book [leges Edwardi Confessoris] written
in Latin which expressly purports to give us the law of
Edward as it was stated to the Conqueror in the fourth
year of his reign by juries representing the various parts of
England .... It is a private work of a bad and untrustworthy
kind. It has about it something of the political pamphlet
and is adorned with pious legends. The author, perhaps
a secular clerk of French parentage, writes in the interest
of the churches, and, it is to be feared, tells lies for them."
1 Frederick Pollock & FrederiC W. Maitland, The History
of English Law Before the Time of Edward I 103 (2d ed.
1898).
leges et consuetudines regni (lee-jeez et kon-swa-t[y]
oo-di'/-neez reg-nI), n. [Latin "laws and customs of
the kingdom"] Hist. The common law. This was the
accepted term for the common law since at least the
late 12th century.
leges Henrici (lee-jeez hen-rI-sI), n. [Latin] Hist. A book
anonymously written between 1114 and 1118 contain
ing Anglo-Saxon and Norman law. The book lends
insight to the period before the full development of
Norman law in England. -Also termed leges Henrici
Primi.
"Closely connected with the Quadripartitus is a far more
important book, the so-called Leges Henrici. It seems to
have been compiled shortly before the year 1118. After a
brief preface, it gives us Henry's coronation charter (this
accounts for the name which has unfortunately been given
in modern days to the whole book), and then the author
makes a gallant, if forlorn, attempt to state the law of
England. At first sight the outcome seems to be a mere
jumble of fragments .... Sut the more closely we examine
the book, the more thoroughly convinced we shall be that
its author has undertaken a serious task in a serious spirit;
he means to state the existing law of the land ...." 1 Fred
erick Pollock & Frederic W. Maitland, The History of English
Law Before the Time of Edward 199 (2d ed. 1898).

leges imperii 982
leges imperii (lee-jeez im-peer-ee-I). [Latin] Roman law.
Laws conferring lawmaking and other powers on the
emperor. -Also termed leges de imperio.
leges Juliae (lee-jeez joo-Iee-ee). See lex Julia judiciorum
publicorum under LEX JULIA.
leges non scriptae (lee-jeez non skrip-tee). [Latin] Hist.
Unwritten or customary laws, including ancient acts of
Parliament. Cf. LEGES SCRIPTAE.
leges publicae (lee-jeez p;)b-ld-see). [Latin] Roman
law. Statutes passed by the vote of the Roman people
in popular assemblies . Most leges publicae were of
temporary political interest but some, such as the lex
Aquilia or the lex Falcidia, had a long life. -Often
shortened to leges.
Leges regiae (lee-jeez ree-ji-ee). [Latin] Roman law. Frag
ments of customary law relating mostly to religious
rites and traditionally attributed to Roman kings.
leges sacratae (lee-jeez sd-kray-tee). [Latin] Roman law.
Laws whose violation was punished by devoting the
offender to the infernal gods.
leges scriptae (lee-jeez skrip-tee), n. [Latin] Hist. Written
laws; esp., statutory laws or acts of Parliament that are
reduced to writing before becoming binding. Cf. LEGES
NON SCRIPTAE.
leges sub graviori lege (lee-jeez sdb grav-ee-or-I lee-jee).
[Latin] Laws under a weightier law.
leges tabellariae (lee-jeez tab-d-Iair-ee-ee). [Latin]
Roman law. Laws that regulated voting by ballot.
leges tributae (lee-jeez tri-byoo-tee). [Latin] Roman law.
Laws passed in the comitia tributa. See comitia tributa
under COMITIA.
legibus solutus (lee-jd-bds sd-Ioo-tds), adj. [Latin
"released from the laws"] Roman law. (Of the emperor
or other designated person) not bound by the law.
legiosus (lee-jee-oh-sds), adj. [Law Latin] Hist. liti
gious.
legis actio (lee-jis ak-shee-oh). Roman law. A legal or
lawful action; an action at law requiring the use of a
fixed form of words . These actions were abolished
by the leges Juliae. -Also termed actio legis. PI. legis
actiones (lee-jis ak-shee-oh-neez).
legis actio sacramento. See SACRAMENTO.
legislate, vb. (180) 1. To make or enact laws <the role of
our lawmakers is to legislate, not to adjudicate>. 2. To
bring (something) into or out of existence by making
laws; to attempt to control (something) by legisla
tion <virtually every attempt to legislate morality has
failed>.
legislation. (17c) 1. The process ofmaking or enacting a
positive law in written form, according to some type of
formal procedure, by a branch of government consti
tuted to perform this process. -Also termed lawmak
ing; statute-making. 2. The law so enacted. 3. The whole
body of enacted laws.
ancillary legislation. (1860) Legislation that is auxil
iary to principal legislation. antideficiency legislation. 1. Legislation enacted to
provide revenue to cover a budget deficiency. 2. Leg
islation enacted to limit the rights of secured creditors
to recover in excess ofthe security. -Also termed (in
sense 2) antideficiency statute.
bare-bones legislation. See skeletal legislation.
class legislation. See local and special legislation.
general legislation. (18c) Legislation that applies to the
community at large. [Cases: Statutes C=>68.]
judicial legislation. (18c) The making ofnew legal rules
by judges; JUDGE-MADE LAW (2).
"It has been said to be 'merely misleading' to speak of
judicial legislation, and it must be admitted that to do
so is to use highly metaphorical language. There is no
equivalent to the authoritative text of a statute, and, even
when they are not bound by a statute or indistinguish
able precedent, the judges' power to innovate is limited
by what they cannot consider as well as by what they must
consider. They cannot conduct those extensive examina
tions of empirical data and considerations of social policy
which precede, or should precede, much legislation."
Rupert Cross & JW. Harris, Precedent in English Law 34
(4th ed. 1 991).
local and special legislation. (1853) Legislation that
affects only a specific geographic area or a particular
class ofpersons . Such legislation is unconstitutional
ifit arbitrarily or capriciously distinguishes between
members of the same class. -Also termed class leg
islation. [Cases: Statutes C=>76-104.]
pork-barrel legislation. (1961) Legislation that favors
a particular local district by allocating funds or
resources to projects (such as constructing a highway
or a post office) ofeconomic value to the district and
of political advantage to the district's legislator.
skeletal legislation. Basic legislation that broadly states
objectives and standards rather than prescribing
precise and definite rules, usu. with the expectation
that it will be amplified by a body other than the leg
islature . Administrative and regulatory agencies are
usu. authorized to interpret the legislation and create
rules and regulations for its application and enforce
ment. But the executive branch may also be called
upon to flesh out the law. -Also termed skeleton
legislation; bare-bones legislation.
subordinate legislation. (18c) 1. Legislation that derives
from any authority other than the sovereign power in
a state and that therefore depends for its continued
existence and validity on some superior or supreme
authority. 2. REGULATION (3).
supreme legislation. (17c) Legislation that derives
directly from the supreme or sovereign power in a
state and is therefore incapable of being repealed,
annulled, or controlled by any other legislative
authority.
4. A proposed law being considered by a legislature
<gun-control legislation was debated in the House>.
5. The field ofstudy concentrating on statutes.
legislative, adj. Of or relating to lawmaking or to the
power to enact laws.

legislative apportionment. See APPORTIONMENT (3).
legislative assembly. See LEGISLATURE.
legislative branch. (I8c) Ihe branch of government
responsible for enacting laws; LEGISLATURE. Cf. EXECU
TIVE BRANCH; JUDICIAL BRANCH.
legislative committee. See COMMITTEE.
legislative