tration of an employee's grievance, usu. relating to
an alleged violation of the employee's rights under
a collective-bargaining agreement. -The arbitra
tion procedure is set out in the collective-bargaining
agreement. Grievance arbitration is the final step in
grievance procedure. -Also termed rights arbitra
tion. See GRIEVANCE PROCEDURE. [Cases: Labor and
Employment
"The great majority of today's collective bargaining agree
ments provide for an impartial arbitrator to hear and
decide grievances under the bargaining agreement. The
details of grievance arbitration vary considerably among
agreements." Douglas L. leslie, Labor Law in a Nutshell
264 (3d ed. 1 992).
interest arbitration. Arbitration that involves settling
the terms of a contract being negotiated between the
parties; esp., in labor law, arbitration of a dispute
concerning what provisions will be included in a
new collective-bargaining agreement. -When the
parties cannot agree on contractual terms, an arbitra
tor decides. This type ofarbitration is most common
in public-sector collective bargaining. [Cases: Labor
and Employment
judicial arbitration. Court-referred arbitration that
is final unless a party objects to the award. Also
termed court-ordered arbitration.
rights arbitration. See grievance arbitration.
voluntary arbitration. (18c) Arbitration by the agree
ment of the parties.
arbitration act. (1807) A federal or state statute provid
ing for the submission of disputes to arbitration. [Cases:
Labor and Employment c:=> 1520.]
arbitration and award. An affirmative defense assert
ing that the subject matter of the action has already been settled in arbitration. [Cases: Alternative Dispute
Resolution
arbitration hoard. A panel of arbitrators appointed to
hear and decide a dispute according to the rules of
arbitration. [Cases: Alternative Dispute Resolution
C:=>220.]
arbitration bond. A performance bond executed by the
parties in an arbitration. See PERFORMANCE BOND (1).
[Cases: Alternative Dispute Resolution
arbitration clause. (1828) A contractual provision man
dating arbitration and thereby avoiding litigation
ofdisputes about the contracting parties' rights, duties,
and liabilities. [Cases: Arbitration C= 1.1.]
arbitration ofexchange. The simultaneous buying and
selling of bills of exchange in different international
markets, with the hope of profiting from the price dif
ference of the currencies in those markets. See ARBI
TRAGE; DRAFT (1).
arbitrator, n. (ISc) A neutral person who resolves
disputes between parties, esp. by means of formal
arbitration. Also termed impartial chair; (in Latin)
compromissarius. Cf. MEDIATOR; ARBITER. [Cases:
Alternative Dispute Resolution C:=>220.] arbitra
torship, n.
arbitrement. Archaic. See ARBITRAMENT.
arbitrium (ahr-bi-tree-<lm). [Law Latin] An award; a
decision of an arbitrator.
arbor civilis (ahr-b<lr siv-<l-lis). [Latin "civil tree"] A
genealogical tree. Also termed arbor consanguini
taUs.
arbor consanguinitatis. See ARBOR CIVILIS.
arbor finalis (ahr-b<lr fi-oay-lis). [Latin] Hist. A boundary
tree; a tree used for marking a boundary line.
arborum furtim caesarum (ahr-bor-<lm f3r-tim
si-sair-<lm or si-zair-). [Latin] Roman law. A civil action
in tort for secretly cutting down trees on another's
land.
arcana imperii (ahr-kay-n<l im-peer-ee-I). [Latin] State
secrets.
arcarius (ahr-kair-ee-<ls). [Latin] Hist. A treasurer; a
keeper ofpublic money.
Archaionomia (ahr-kee-<l-noh-mee-<l). A Latin trans
lation of Saxon laws, published in 1568 by William
Lambarde.
archbishop. Eccles. law. A church officer who has author
ity over all ecclesiastical matters within a province.
Within the Church of England, the Archbishop of Can
terbury is superior in rank to but does not control the
Archbishop ofYork, who has supreme authority in the
province of York. Both are appointed for life by
land's monarch (as head of the Church ofEngland), on
the advice of the Prime Minister, and are members of
the House of Lords.
archbishopric. Eccles. law. An archbishop's jurisdiction
or province.

121
archdeaconry. Eccles. law. 1. An archdeacon's jurisdic
tion. 2. The office or rank of an archdeacon.
Archdeacon's Court. See COURT OF ARCHDEACON.
Archdiaconal Court. See COURT OF ARCHDEACON.
Arches Court ofCanterbury. See COURT OF ARCHES.
archicapellanus (ahr-kee-kap-d-Iay-nds). [Law Latin]
Hist. A chief or high chancellor.
Architect of the Capitol. The officer in the legislative
branch ofthe federal government responsible for main
taining the buildings and grounds of the U.S. Capitol,
the Supreme Court, and the Library ofCongress. -The
Architect also plans and supervises new building con
struction. The office was established in 1876. 2 USC A
 1801, 181 L
architect's lien. See LIE1\.
architectural review. See DESIGN REVIEW.
architectural work. See WORK (2).
archival copy. Copyright. A copy of an original piece
of software, made by the consumer for backup. -An
owner may make archival copies of software without
infringing its copyright. But ifthe owner transfers the
original software, all archival copies must also be trans
ferred or else destroyed. 17 USCA  117. [Cases: Copy
rights and Intellectual Property (~67.3.)
archive, n. (usu. pl.) 1. A place where public, historical,
or institutional records are systematically preserved.
[Cases: Records 13.] 2. Collected and preserved
public, historical, or institutional papers and records. 3.
Any systematic compilation of materials, esp. writings,
in physical or electronic form. -archive, vb.
Archivist of the United States. The federal officer in
charge of the National Archives and Records Admin
istration.
arcifinious (ahr-sd-fin-ee-ds), adj. [fr. Latin arcijin
ius "having irregular boundaries"] Civil law. 1. (Of
. a landed estate) having natural boundaries such as
woods, mountains, or rivers. 2. (Of a country) having
a frontier that forms a natural defense.
arcta et salva custodia (ahrk-td et sal-vd kd-stoh-dee-a).
[Law Latin] Hist. In close and safe custody . A defen
dant arrested under the writ of capias ad satisfacien
dum was said to be kept arcta et salva custodia.
ardour. [Law French] Hist. An arsonist.
area bargaining. Negotiation of collective-bargaining
agreements by a union with several employers in a par
ticular geographic area.
area-rate clause. Oil & gas. A price-escalation provi
sion in a long-term gas contract permitting an auto
matic increase in the contract price if any regulatory
agency prescribes or allows a higher price on gas sold
in the area. Also termed FPC clause. [Cases: Gas
14.1(3).]
area-standards picketing. Labor law. The practice that a
union undertakes to protect its members in a particular
region by picketing employers that may undercut the argumentative
market through the potentially lower labor costs of a
nonunion workforce.
area variance. See VARIANCE (2).
Areeda-Turner test. Antitrust. An economic test for
predatory pricing whereby a price below average
variable cost is presumed to be predatory and there
fore illegal. -This test is widely accepted by federal
courts. Its name derives from the coauthors ofan influ
entiallaw-reviewarticle: Phillip Areeda & Donald F.
Turner, Predatory Pricing and Practices Under Section
2 ofthe Sherman Act, 88 Harv. L. Rev. 692 (1975). They
reformulated their test in 3 Phillip Areeda & Donald
F. Turner, Antitrust Law ~~ 7l0-722 (1978). See PREDA
TORY PRICING.
Ii rendre (ah rawn-drd or -ddr). [Law French] To render;
to yield.
arentare (ar-an-tair-ee). [Law Latin] To rent out; to let
out at a certain rent.
A reorganization. See REORGANIZATION (2).
arere (a-reer), adj. [Law French] Behind in payment (as
ofrent); in arrears. See ARREAR (1).
a responsis (ay ri-spon-sis), 11. [Law Latin] See APOCRI
SARIUS.
argo abbr. ARGUENDO (2).
argentarius (ahr-j;m-tair-ee-as), n. [Latin] Roman law.
A moneylender; a banker.
argentarius miles (ahr-jdn-tair-ee-as ml-leez), n. [Law
Latin] His!. A money porter who carries money from
the lower to the upper Exchequer to be examined and
tested.
argentum (ahr-jen-t<lm), n. [Latin] Silver; esp., silver
coinage.
argentum dei (ahr-jen-tam dee-I), n. [Law Latin) See
DENARIUS DEI.
arguendo (ahr-gyoo-en-doh). [Latin "in arguing"] (1817)
1. For the sake ofargument <assuming arguendo that
discovery procedures were correctly followed, the court
still cannot grant the defendant's motion to dismiss>.
2. During the course ofargument <counsel mentioned
arguendo that the case has been followed in three other
decisions>. -Abbr. argo
arguer. One who makes an oral argument; esp., an
attorney, often one ofseveral attorneys representing the
same client, who presents an oral argument in court.
argument. (14c) 1. A statement that attempts to persuade;
esp., the remarks ofcounsel in analyzing and pointing
out or repudiating a desired inference, for the assis
tance of a decision-maker. 2. The act or process of
attempting to persuade. See ORAL ARGUMENT; CLOSING
ARGUMENT.
"[W]e may define ... an argument as a course of reasoning
which firmly establishes a matter about which there is some
doubt." Cicero, De Inventione; De Optimo Genere Oratorum;
Topica 387 (H.M. Hubbell trans. 1949) (repr. 2006).
argumentative, adj. (lSc) 1. Ofor relating to argument
or persuasion <an argumentative tone of voice>. 2.

122 argumentative instruction
Expressing not only facts, but also inferences and
conclusions drawn from facts <the judge sustained
the prosecutor's objection to the argumentative
question>.
argumentative instruction. See JURY INSTRUCTION.
argumentative pleading. See PLEADING (1).
argumentative question. A question in which the
examiner interposes a viewpoint under the guise of
asking a question. This is considered an abuse of
interrogation. [Cases: Witnesses ~236.]
argumentum (ahr-gyoo-men-t<lm), n. [Latin] An
argument. PI. argumenta.
argumentum ab auctoritate (ahr-gyoo-men-t<lmab
awk-tor-<l-tay-tee). [Latin] An argument from author
ity (of a statute or case).
argumentum ab impossibili (ahr-gyoo-men-t<lmab
im-pah-sib-<:>-lr). [Latin] An argument from impos
sibility.
argumentum ab inconvenienti (ahr-gyoo-men-t<:>m
ab in-bn-vee-nee-en-tr). (Latin] An argument from
inconvenience; an argument that emphasizes the
harmful consequences offailing to follow the position
advocated.
argumentum a contrario (ahr-gyoo-men-t<:>m ay bn
trair-ee-oh). [Latin] An argument for contrary treat
ment.
argumentum ad baculum (ahr-gyoo-men-t<:>m ad bak
y<:>-l<:>m). [Latin] An argument depending on physical
force to back it up.
argumentum ad captandum (ahr-gyoo-men-t<:>m ad
kap-tan-d<lm). [Latin] An argument appealing to the
emotions ofa crowd.
argumentum ad crumenam (ahr-gyoo-men-t<lm ad
kroo-mee-n<:>m). [fro Latin crumena "purse"] An
argument appealing to the purse (or one's desire to
save money).
argumentum ad hominem (ahr-gyoo-men-t<:>m ad
hom-<:>-n<:>m or -nem). [Latin "argument to the man"]
An argument based on disparagement or praise of
another in a way that obscures the real issue.
argumentum ad ignorantiam (ahr-gyoo-men-t<:>mad
ig-m-ran-shee-<:>m). [Latin] An argument based on an
adversary's ignorance of the matter in dispute.
argumentum ad invidiam (ahr-gyoo-men-tam ad
in-vid-ee-<:>m). [Latin] An argument appealing to
one's hatreds or prejudices.
argumentum ad judicium (ahr-gyoo-men-t<lm ad joo
dish-ee-dm). [Latin] An argument addressed to the
judgment; a proofbased on knowledge or probabil
ity.
argumentum ad misericordiam (ahr-gyoo-men
t<:>m ad miz-<l-ri-kor-dee-<:>m). [Latin] An argument
appealing to pity. argumentum ad populum (ahr-gyoo-men


e-<:>m). [Latin] An argument
appealing to pity. argumentum ad populum (ahr-gyoo-men-t<:>mad
pop-y<l-l<lm). [Latin] An argument appealing to the
crowd.
argumentum ad rem (ahr-gyoo-men-t<lm ad rem).
[Latin] An argument on the point at issue.
argumentum ad verecundiam (ahr-gyoo-men-t<:>m ad
ver-<:>-k;m-dee-<:>m). [Latin] An argument appealing
to the listener's modesty; an argument based on the
opinions ofpeople who are considered authorities.
argumentum a simili (ahr-gyoo-men-t<lm ay sim-d-b).
[Latin "argument from a like case"] An argument by
analogy or similarity.
argumentum baculinum (ahr-gyoo-men-tdm bak
p-h-n<:>m). [fro Latin baculus "a rod or scepter"] An
argument appealing to force.
argumentum ex concesso (ahr-gyoo-men-t<:>m eks
k<:>n-ses-oh). [Latin] An argument based on an earlier
admission by the adversary.
argumentum ex silentio (ahr-gyoo-men-tam eks si
len-shee-oh). [Latin] An argument from silence
i.e., based on the absence of express evidence to the
contrary.
arimanni (ar-d-man-r), n. [Law Latin] Hist. A fine for
not joining the army when summoned.
arise, vb. (bef. 12c) 1. To originate; to stem (from) <a
federal claim arising under the U.S. Constitution>. 2.
To result (from) <litigation routinely arises from such
accidents>. 3. To emerge in one's consciousness; to
come to one's attention <the question of appealabil
ity then arose>. 4. (Of a court) to adjourn; to suspend
sitting.
arising-in jurisdiction. See JURISDICTION.
aristocracy. 1. A privileged class of persons, esp. the
hereditary nobility. 2. A government ruled by a privi
leged class.
aristodemocracy. A government consisting of both
democratic and aristocratic elements; a government in
which power is divided between the nobility (or more
powerful group) and the rest ofthe people.
Arkansas rule. Secured transactions. 1he principle that
the collateral securing a loan is presumed to be worth at
least as much as the loan's balance, and that the creditor
has the burden to prove that a sale of the collateral
would not satisfy the loan amount. Norton v. National
Bank ofCommerce, 398 S.w.2d 538 (Ark. 1966). [Cases:
Secured Transactions 0::>229, 240.]
ARM. abbr. See adjustable-rate mortgage under
MORTGAGE.
arma (ahr-m<l), n. pl. [Latin] Roman law. 1. Arms;
weapons. 2. Military service.
arma moluta (ahr-md m<l-loo-t<:. [Law Latin] Sharp
weapons that cut, as contrasted with blunt instru
ments that bruise or break.
arma reversata (ahr-m<:> ree-v<:>r-say-t<:. [Law Latin]
Reversed arms. This was a punishment for a felon
or traitor.

123
armaria. See ALMARIA.
armata vis (ahr-may-ta vis). See VIS ARMATA.
armed, ad). 1. Equipped with a weapon <an armed
robber>. 2. Involving the use of a weapon <armed
robbery>.
armed conflict. Int'llaw. 1. A state of open hostil
ity between two nations, or between a nation and an
aggressive force . A state of armed contlict may exist
without a formal declaration of war by either side. 2.
A military action taken under Article 42 of the United
Nations Charter. -Also termed police action.
armed neutrality. See NEUTRALITY.
armed peace. See PEACE.
armed robbery. See ROBBERY.
Armed Services Board of Contract Appeals. A quasi
judicial board that reviews appeals from final decisions
of contracting officers involving disputes relating to
contracts made by elements of the Department of
Defense and designated civilian agencies . Its deci
sions are subject to judicial review. -Abbr. ASBCA.
[Cases: United States C='73(15).]
armiger (ahr-ma-jar), n. [Latin fro arma "arms" +gerere
"to bear"] Rist. 1. One who bears arms; an armor
bearer; an esquire. 2. A servant who carried the armor
of a knight. 3. A tenant by scutage; a valet.
arm-in-arm, adj. (2000) Of, relating to, or involving a
transaction between parties whose personal interests
are involved. Cf. ARM'S-LENGTH.
armiscara (ahr-ma-skair-a), n. [Law Latin] Hist. 1. A
punishment consisting of carrying a saddle on one's
back as a sign ofsubjection. 2. A fine.
armistice. See TRUCE.
arm ofthe court. An officer of the court who performs
tasks or duties related to the court's functions. [Cases:
. Courts C=~55.1
arm ofthe sea. The portion of a river or bay in which
the tide ebbs and flows. It may extend as far into the
interior as the water of the river is propelled backward
by the tide. [Cases: Navigable Waters C':'1(4).]
arm ofthe state. (1953) An entity created by a state and
operating as an alter ego or instrumentality of the
state, such as a state university or a state department
of transportation . The lIth Amendment of the U.S.
Constitution generally bars suits in federal court by
individuals against states. The Amendment has been
interpreted as protecting arms of the state as well as
the state itself. Cities and local school districts have
been held not to be arms of the state. [Cases: Federal
Courts (::::c269, 270.1
arms, law of. 1. Rules concerning conditions of war, such
as the treatment of prisoners. 2. The law relating to the
right to bear arms. [Cases: Weapons (;C:,1.] 3. The law
relating to armorial bearings, i.e., coats of arms granted
by the College ofHeralds in England, Lord Lyon King
of Arms in Scotland, and corresponding officers in
some other countries. array
arms, right to bear. See RIGHT TO BEAR ARMS.
arms control. Int'llaw. A policy of minimizing insta
bilities in the military field by lessening the possibil
ity of the outbreak of war while redUcing in number a
country's weapons of mass destruction. Cf. DISARMA
MENT.
arm's-length, adj. Ofor relating to dealings between two
parties who are not related or not on close terms and
who are presumed to have roughly equal bargaining
power; not involving a confidential relationship <an
arm's-length transaction does not create fidUciary
duties between the parties>. Cf. ARM-IN-ARM. [Cases:
Contracts 1; Fraud
arm's-length price. See PRICE.
arm's-length transaction. See TRANSACTION.
army. 1. A military force, esp. of ground troops. [Cases:
Armed Services C':'4.] 2. Any substantial group of
individuals armed for combat. 3. A vast, organized
group.
regular army. The permanent military establishment,
maintained during both war and peacetime.
arra (ar-d), n. [Latin "earnest, deposit"] Roman & civil
law. Earnest money; money given as evidence of a com
pleted bargain. See DE:;rARIUS DEL Cf. GOD'S PENNY.
Also spelled arrha. PI. arrae.
arraignment, n. (16c) The initial step in a criminal pros
ecution whereby the defendant is brought before the
court to hear the charges and to enter a plea. Fed. R.
Crim. P. 10. Cf. PRELIMINARY HEARING; initial appear
ance under APPEARANCE. [Cases: Criminal Law G~
261-264.] arraign, vb.
arrangement in order of breadth. Patents. The place
ment of claims in a patent application in order ofscope
so that the first claim in the application or patent is the
broadest and later claims are progressively narrower.
[Cases: Patents <:;:::>98.]
arrangements committee. See COMMITTEE.
arrangement with creditors. Bankruptcy. A debtor's
agreement with creditors for the settlement, satisfac
tion, or extension of time for payment of debts. See
BANKRUPTCY PLAN. [Cases: BankruptcyG-'-::>3661.100
3661.115.]
arranger for disposal. Envirollmentallaw. An entity that
owns or possesses hazardous substances, and either
disposes ofthem or has an obligation to control them.
 An arranger for disposal can be held liable for envi
ronmental cleanup costs under CERCLA. [Cases: Envi
ronmental Law C':'445(l).]
array, n. (14c) 1. A panel of potential jurors; VENIRE (1)
<the array of mostly wealthy professionals seemed
to favor the corporate defendant>. [Cases: Jury
66, 114.] 2. The jurors actually empaneled <the array
hearing the case consisted of seven women and five
men>. 3. A list or roster of empaneled jurors <the
plaintiff obtained a copy of the array to help prepare
for voir dire>. [Cases: Jury (;::>69.] 4. Order; arrange
ment <the array of jurors from oldest to youngest>. 5.

124 array
A militia <the array organized antigovernment rallies>.
6. A series of statistics or a group ofelements <a math
ematical array>.
array, vb. (16c) 1. To empanel a jury for trial. 2. To call
out the names ofjurors, one by one, as they are empan
eled.
arrear, n. (usu. pl.) (l7c) 1. The state ofbeing behind in
the payment ofa debt or the discharge ofan obligation
<the creditor filed alawsuit against the debtor who was
in arrears>. Also termed arrearage. 2. An unpaid or
overdue debt <the creditor reached an agreement with
the debtor on settling the arrears>. 3. An unfinished
duty <the arrears of work have accumulated>. See IN
ARREARS.
arrearage. 1. See ARREAR (l). 2. An unpaid dividend
from a past period that is due to a holder of preferred
stock. See cumulative dividend under DIVIDEND.
arrent (il-rent), vb. Hist. To let at a fixed rent; specif., to
give royal permission to enclose (a portion of public
land) in exchange for annual rent.
arrest, n. (14c) 1. A seizure or forcible restraint. 2. 1he
taking or keeping of a person in custody by legal author
ity, esp. in response to a criminal charge; specif., the
apprehension of someone for the purpose of securing
the administration of the law, esp. of bringing that
person before a court.] arrest, vb. [Cases: Arrest
C=>68(3).]
"The question of what constitutes an arrest is a difficult
one. On one end of the spectrum, it seems apparent that
detention accompanied by handcuffing, drawn guns, or
words to the effect that one is under arrest qualifies as an
'arrest' and thus requires probable cause. At the other end,
a simple questioning on the street will often not rise to the
level of an arrest. Somewhere in between lie investigative
detentions at the stationhouse ...." Charles H. Whitebread,
Criminal Procedure  3.02, at 61 (1980).
arrest by warrant. See lawful arrest under ARREST.
arrest in execution. See arrest on final process.
arrest in quarters. Military law. A nonjudicial punish
ment that can be given to officers and warrant officers
only by a general, a flag officer in command, or an
officer exercising general court-martial jurisdiction.
See BREACH OF ARREST. [Cases: Military Justice
arrest on final process. Hist. Arrest in a civil case after
the conclusion of a trial. -Also termed arrest in
execution.
arrest on mesne process (meen). Hist. Arrest in a civil
case before trial takes place.
citizen's arrest. (1941) An arrest ofa private person by
another private person on grounds that (1) a public
offense was committed in the arrester's presence, or
(2) the arrester has reasonable cause to believe that
the arrestee has committed a felony. [Cases: Arrest
{"'>64.]
civil arrest. Hist. An arrest and detention ofa civil-suit
defendant until bail is posted or a judgment is paid .
Civil arrest is prohibited in most states. dragnet arrest. A sweeping arrest of people suspected
ofpossible involvement in criminal activity or a civil
disturbance . This type of arrest is illegal because it
is based not on probable cause but on unsupported
suspicion or belief. Also termed round-up; whole
sale arrest. [Cases; Arrest C=>63.4(17).]
false arrest. (lSc) An arrest made without proper legal
authority. Cf. FALSE IMPRISONMENT.
house arrest. See HOUSE ARREST.
lawful arrest. (ISc) The taking of a person into legal
custody either under a valid warrant or on probable
cause that the person has committed a crime. -Also
termed arrest by warrant; warrant arrest. Cf. unlawful
arrest.
malicious arrest. (18c) An arrest made without
probable cause and for an improper purpose; esp.,
an abuse of process by which a person procures the
arrest (and often the imprisonment) of another by
means of judicial process, without any reasonable
cause. Malicious arrest can be grounds for an action
for abuse of


means of judicial process, without any reasonable
cause. Malicious arrest can be grounds for an action
for abuse ofprocess, false imprisonment, or malicious
prosecution.
material-witness arrest. An arrest of a witness to a
crime for the purpose ofindUcing the witness to talk
to police . lbis type of arrest requires a warrant
based on probable cause. [Cases: Witnesses
parol arrest (pa-rohl or par-ill). (1904) An arrest
ordered by a judge or magistrate from the bench,
without written complaint, and executed immedi
ately, such as an arrest of a person who breaches the
peace in open court. See CONTEMPT.
pretextual arrest. (1968) An arrest of a person for a
minor offense to create an opportunity to investigate
the person's involvement in a more serious offense for
which there is no lawful ground to make an arrest.
Also termed pretext arrest.
rearrest. A warrantless arrest of a person who has
escaped from custody, violated parole or probation,
or failed to appear in court as ordered.
subterfuge arrest. An arrest of a suspect for the
stated purpose of obtaining evidence of one crime
but with the underlying intent to search the suspect
for evidence of a different crime. [Cases: Arrest C=>
63.4(1).]
unlawful arrest. The taking of a person into custody
either without a valid warrant or without probable
cause to believe that the person has committed a
crime. Cf. lawful arrest. [Cases: Arrest C=>63.4(0.5),
65.]
warranted arrest. (1950) An arrest made under author
ity of a warrant. [Cases: Arrest (;::::)65.]
warrantless arrest. (l958) A legal arrest, without a
warrant, based on probable cause of a felony, or
for a misdemeanor committed in a police officer's
presence. -Also termed arrest without a warrant.
See WARRANT. [Cases: ArrestC=>62.]
wholesale arrest. See dragnet arrest.

125
3. lvIaritime law. The taking of a ship and sometimes
its cargo into custody by virtue of a court's warrant.
[Cases: Admiralty <::;:=>48.)
arrestable offense. See OFFENSE (1).
arrestandis bonis ne dissipentur. See DE ARREST ANDIS
BONIS NE DISSIPENTUR.
arrestando ipsum qui pecuniam recepit. See DE ARRE
STANDO IPSUM QUI PECUNIAM RECEPIT.
arrestatio (ar-a-stay-shee-oh), n. [Law Latin) Hist. An
arrest.
arrest by warrant. See lawful arrest under ARREST.
arrestee. (1844) 1. A person who has been taken into
custody by legal authority; a person who has been
arrested. 2. Scots law. One who holds property attached
by arrestment.
arrester. One who arrests. -Also spelled arrestor.
arrest in execution. See arrest on final process under
ARREST.
arrest in quarters. See ARREST.
arrestment. 1. 'The arrest of a person or of personal
effects. 2. Scots law. The taking or attachment of
property belonging to another person but in the pos
session of a third party, either to obtain security or
to found jurisdiction. -'The process of attachment is
similar to garnishment: the property holder is ordered
to withhold the property from the debtor. The court
may order that the property be transferred to the
creditor.
arrestment in execution. Post judgment arrestment to
preserve property on which to collect the judgment.
arrestment in security. See arrestment on the depen
dence.
arrestment on the dependence. Prejudgment arrest
ment to secure payment of a judgment against a
debtor who is likely to leave the country to escape
the creditor. -The arrestment may be ordered even
though the creditor has not begun an action on the
debt or an action is still pending. -Also termed
arrestment in security.
arrestment to found jurisdiction. Arrestment for the
purpose of conferring legitimate legal authority on a
court, esp. when the debtor is a foreigner who is not
present in and does not own land in a given place.
3. The action of checking or stopping something.
arresto facto super bonis mercatorum alienigenorum
(<I-res-toh fak-toh s[y]oo-par boh-nis mClr-ka-tor-Clm
ay-Iee-ee-m-ja-nor-am or al-ee-). [Latin "seizure of the
goods of foreign merchants"] Hist. A writ to seize the
goods of an alien, taken in recompense ofgoods taken
from an English subject living abroad.
arrest of inquest. A plea that a matter proposed for
inquiry has already been investigated and should there
fore not be reexamined.
arrest ofjudgment. (17c) The staying ofa judgment after
its entry; esp., a court's refusal to render or enforce a arriere vassal
judgment because of a defect apparent from the record.
 At common law, courts have the power to arrest
judgment for intrinsic causes appearing on the record,
as when the verdict differs materially from the plead
ings or when the case alleged in the pleadings is legally
insufficient. Today, this type of defect must typically be
objected to before trial or before judgment is entered, so
that the motion in arrest ofjudgment has been largely
superseded. -Also termed allocutus. [Cases: Criminal
Law <::;:=>966-976; Federal Civil Procedure <::;:=>2571;
Judgment <::;:=>259-269.]
"An arrest ofjudgment [under common lawl was the techni
cal term describing the act of a trial judge refusing to enter
judgment on the verdict because of an error appearing on
the face of the record that rendered the judgment invalid."
United States V. Sisson, 399 U.S. 267, 280-81,90 S.Ct. 2117,
2125 (1970).
arrest on final process. See ARREST.
arrest on mesne process. See ARREST.
arrest record. (1930) 1. A form completed by a police
officer when a person is arrested. 2. A cumulative list
of the instances when a person has been arrested.
Also termed police blotter; (in sense 2) bench blotter;
blotter; log.
arrestum jurisdictionis fundandae causa (a-res-tam
juur-is-dik-shee-oh-nis fun-dan-dee kaw-za). [Law
Latin "an arrestment for the purpose offounding juris
diction"] Scots law. An arrestment to bring a foreigner
under the jurisdiction of Scottish courts . This type
of arrestment originated in Dutch law. See JURISDIC
TIONIS FUNDANDAE.
arrest warrant. See WARRANT (1).
arrest without a warrant. See warralltless arrest under
ARREST.
arret (ah-ret or -ray). [French] Civil law. 1. A judgment,
sentence, or decree of a court with competent jurisdic
tion. 2. A sovereign's decree. PI. arrets.
arret de reglement (a-re da re-glCl-mahn), n. [French]
Hist. Civil law. A decision issued by Parliament to
establish a rule ofprocedure, civil law, or custom.
arretted (Cl-ret-id), adj. [Law French) (Of an accused)
brought before a judge and charged with a crime.
arrha (ar-a). See ARRA.
arrha sponsalitia (ar-ee spon-sa-lish-ee-a). [Latin]
Roman law. A payment made to guarantee fulfillment
of a promise to marry.
arriage and carriage (ar-ij). Hist. Indefinite services
formerly demandable from tenants, but prohibited by
statute in the 18th century.
arriere-ban (ah-ree-air-bahn or ar-ee-air-ban), n.
[French] Hist. 1. A king's proclamation summoning
vassals to military service. 2. The group of vassals so
summoned.
arriere fee. See arriere fee under FEE (2).
arriere fief. See arriere fee under FEE.
arriere vassal. See VASSAL.

126 arrogatio
arrogatio. See ADROGATION.
arrogation (ar-<l-gay-sh;m), n. (16c) 1. TI1e act ofclaiming
or taking something without the right to do so <some
commentators argue that limited military actions uni
laterally ordered by the President are an arrogation of
Congress's power to declare war>. 2. Roman & civil
law. The adoption of an adult; specif., the adoption
of a person sui juris, as a result of which the adoptee
loses independence and comes within the paternal
power (patria potestas) of the adopting father. [Cases:
Adoption (;::'5.]- arrogate, vb.
ARS. abbr. AGRICULTURAL RESEARCH SERVICE.
arser in ie main (ahr-say an IJ man or an l<l man), n.
[French "burning in the hand"] Hist. A punishment
ofburning or branding the left thumb ofa lay offender
who falsely claimed and was allowed the benefit of
clergy, so that the offender would be distinguished ifhe
tried to claim the benefit again. Also termed arsure
en Ie main (ahr-soor awn IJ man or awn l<l man).
arson, n. (17c) 1. At common law, the malicious burning
of someone else's dwelling house or outhouse that is
either appurtenant to the dwelling house or within the
curtilage. [Cases: Arson <:;:=) L]
"The thing that is burnt must be a 'house', but this word
has a large meaning; already in 1220 we find the burning of
a barn that was full of corn treated as a felony." 2 Frederick
Pollock & Frederic William Maitland, History ofEnglish Law
Before the Time of Edward 1492 (2d ed. 1899).
"The burning of one's own dwelling to collect insurance
did not constitute common-law arson. It was generally
assumed in early England that one had the legal right to
destroy his own property in any manner he chose." Denis
Binder, "Arson: Legal Aspects," in 1 Encyclopedia ofCrime
and Justice 80, 80 (Sanford H. Kadish ed., 1983).
"At common law, arson is the wilful and malicious burning
of the dwelling house of another. It may occur during the
nighttime or the daytime, and it is an offense against the
security of habitation or occupancy, rather than against
ownership or property." 3 Charles E. Torcia, Wharton'S
Criminal Law  334. at 324-25 (15th ed. 1995).
2. L;nder modern statutes, the intentional and wrongful
burning of someone else's property (as to destroy a
building) or one's own property (as to fraudulently
collect insurance). See Model Penal Code  220.1(1).
Also termed (in Latin) crimen incendii; (in sense 2) stat
utory arson. Cf. HOUSEBURNING; CRIMINAL DAMAGE
TO PROPERTY.
"The term 'statutory arson' is employed to designate
the entire area of statutory proscription which is analo
gous to. but does not constitute, common-law arson. It
is important to have mutually exclusive labels here not
only for the reasons mentioned in the preceding section,
but because some of the state statutes provide a penalty
for arson without defining the word and hence adopt the
common-law definition." Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 287 (3d ed. 1982).
"(1) Arson. A person is guilty of arson, a felony of the second
degree, if he starts a fire or causes an explosion with the
purpose of: (a) destroying a building or occupied structure
of another; or (b) destroying or damaging any property,
whether his own or another's, to collect insurance for such
loss. It shall be an affirmative defense to prosecution under
this paragraph that the actor's conduct did not recklessly
endanger any building or occupied structure of another or place any other person in danger of death or bodily injury."
Model Penal Code  220.1 (1997).
aggravated arson. Arson accompanied by some aggra
vating factor, as when the offender foresees or antici
pates that one or more persons will be in or near the
property being burned. [Cases: Arson 12.]
arsonable, adj. (1902) (Of property) ofsuch a nature as
to give rise to a charge of arson if maliciously burned
<only real property, and not personal property, is
arson able>. [Cases: Arson (;::'5.]
arson clause. Insurance. An insurance-policy provi
sion that excludes coverage of a loss due to fire if the
insured intentionally started the fire. [Cases: Insurance
(;::'2166(3).]
arsonist. (1864) One who commits arson; INCENDIARY
(1).
arsonous, adj. Of, relating to, or involving arson <an
arsonous purpose>.
arsura (ahr-s[y]oor-a), n. [Law Latin] Hist. 1. The trial
of money by heating it after it is coined. 2. The loss in
weight from this process.
arsure en la main (ahr-soor awn lah man), n. [Law
French] See ARSER IN LE MAIN.
ART. abbr: ASSISTED REPRODUCTIVE TECHNOLOGY.
art. (Be) 1. Creative expression, or the product ofcreative
expression. 2. An occupation or business that requires
skill; a craft. 3. Patents. A field of useful endeavor; the
methodical application ofknowledge or skill in creating
something new. [Cases: Patents (;::':5.1
analogous art. Patents. A technique, product, applica
tion, machine, or method that is reasonably related
to the problem addressed by the invention, and with
which the inventor is assumed to be familiar. Also
termed pertinent


to the problem addressed by the invention, and with
which the inventor is assumed to be familiar. Also
termed pertinent art. See NONOBVIOUSNESS. [Cases:
Patents (;=,16(3).]
nuisance prior art. Patents. Information that appears
to anticipate or obviate an invention, but does not
actually do so because the earlier described invention
was neither reduced to practice nor adequately dis
closed in any documents . Nuisance prior art does
not bar a patent's issuance, but it may prolong the
prosecution. The term does not apply to efforts that
are not prior art at all, such as descriptions of unsuc
cessful attempts to reduce an invention to practice,
or to writings that do not disclose real inventions or
technology, such as science-fiction. [Cases: Patents
16(2).]
pertinent art. 1. See analogous art. 2.See relevant art.
prior art. Patents. Knowledge that is publicly known,
used by others, or available on the date of invention
to a person of ordinary skill in an art, including what
would be obvious from that knowledge. Prior art
includes (1) information in applications for previously
patented inventions; (2) information that was pub
lished more than one year before a patent application
is filed; and (3) information in other patent applica
tions and inventor's certificates filed more than a year

127
before the application is filed. The u.s. Patent and
Trademark Office and courts analyze prior art before
deciding the patentability ofa comparable invention.
35 USCA  102. [Cases: Patents ~16(2).]
relevant art. Patents. Art to which one can reasonably
be expected to look for a solution to the problem that
a patented device tries to solve. -The term includes
not only knowledge about a problem in a particular
industry, but also knowledge accumulated in scien
tific fields whose techniques have been commonly
employed to solve similar problems. Also termed
pertinent art.
4. Hist. In a seduction case, the skillful and systematic
coaxing of another to engage in sexual activity.
art and part, adj. & adv. English & Scots law. Aiding in or
contributing to the commission ofa crime <the lookout
was involved in the burglary on an art-and-part basis>
<the baker acted art and part in the prisoner's escape by
producing a cake with a file in it>. See ACCESSORY (2).
art and part, n. Scots law. Participation in or encourage
ment of a crime; criminal guilt by assisting, adviSing, or
participating in the crime. Cf. OPE ET CO:-lSILIO.
"Scots law never distinguished between degrees of partici
pation in a crime, between what English law distinguished
as accession before the fact, concomitant accession, and
accession after the fact. In treason all participants were
treated as principal offenders and indictments in other
cases charged the accused as 'actor or art and part'. The
Criminal Procedure (Scotland) Act 1887 made this an unnec
essary but implied charge in all indictments." 6 David M.
Walker, A Legal History ofScotland 397 (2001).
artful pleading. See PLEADING (2).
art group. Patents. A collection of art units in the U.S.
Patent and Trademark Office, led by a group director.
article, n. (13c) L Generally, a particular item or thing
<article ofclothing>.
proprietary article. (often pl.) A product manufactured
under an exclusive right to sell it
2. A separate and distinct part (as a clause or stipula
tion) of a writing, esp. in a contract, statute, or consti
tution <Article III>. 3. (pl.) An instrument containing
a set ofrules or stipulations <articles ofwar> <articles
of incorporation>. 4. A nonfictional literary composi
tion forming an independent part ofa publication, such
as a law review or journal <a well-researched, timely
article>. 5. Patents. A workpiece, product, or thing that
is operated on, modified, or changed by a machine or
process. 6. Patents. An article of manufacture. See
MA:-IUFACTURE. 7. Eccles. law. In an ecclesiastical court,
one of a plaintiff's complaints or charges against the
defendant. The complaint or charge may be presented
by oral declaration or by a written document.
article, vb. 1. To bring charges against by an exhibition
ofarticles. 2. To be an articled clerk.
article of manufacture. See MA:-IUFACTURE.
article of merchandise. 1. See MERCHANDISE (1). L See
MERCHANDISE (2). articles of amendment
Article I court. (1955) 1. See legislative court under
COURT. 2. A type of federal legislative court that is not
bound by the requirements of or protected under U.S.
Const. art. III,  2, and that performs functions similar
to those of an administrative agency, such as issuing
advisory opinions. U.S. Const. art. I,  8. Cf. ARTICLE
III COURT. [Cases: Federal Courts
"Congress also has the power, within certain limits, to
create what are called ... Article I tribunals .... These
Article I tribunals are really akin to administrative agencies;
that is, the 'judges' do not have any constitutionally guar
anteed lifetime tenure and protection from salary diminu
tion; they are not governed by the case or controversy
limitation of Article Ill. .. At the present time, Article
I courts include territorial courts, certain courts in the
District of Columbia, courts martial, and legislative courts
and administrative agencies that adjudicate 'public rights.'"
John E. Nowak & Ronald D. Rotunda, Constitutional Law
22-23 (4th ed. 1991).
Article I judge. (1958) A U.S. bankruptcy judge, magis
trate judge, or administrative-law judge appointed for
a term of years as authorized by Congress under Article
I of the U.S. Constitution. 28 USCA  151 et seq., 631
et seq. [Cases: Bankruptcy ~2123; U.S. Magistrates
ILl 2. A federal judge temporarily appointed by
the President without prior Senate approval.  The
appointment power derives from the recess-appoint
ment clause, which allows the President to appoint tem
porary government officers while Congress is not in
session. U.S. Const. art. II,  2, cl. 3. See recess appoint
ment under APPOINTMENT (I).
Article III court. (1949) A federal court that, deriving its
jurisdiction from U.S. Const. art. III,  2, hears cases
arising under the Constitution and the laws and treaties
of the United States, cases in which the United States
is a party, and cases between the states and between
citizens of different states. -Also termed consti
tutional court. Cf. ARTICLE I COURT. [Cases: Federal
Courts
Article III judge. (1937) A U.S. Supreme Court, Court
of Appeals, or District Court judge appointed for life
under Article III of the U.S. Constitution. [Cases:
Judges~l.J
Article 15. See nonjudicial punishment under PUNISH
MENT.
articled clerk. English law. A clerk who works for a
solicitor in exchange for learning the profession; a clerk
bound by articles of apprenticeship.
article of manufacture. See MANUFACTURE.
articles of agreement. A writing that records matters
that the parties agreed on when forming a partnership
or business or transferring real property. -Unlike
a contract, articles of agreement usu. contain only
agreements and not express promises ofperformance,
e.g., "the parties agree that it isn't possible to guar
antee delivery within 10 days." Articles of agreement
often supplement a contract. They may be informal or
detailed. [Cases: Partnership ~22.1
articles of amendment. (1891) A document filed to
effectuate an amendment or change to a corporation's

128 articles of apprenticeship
articles of incorporation. [Cases: Corporations
40.]
articles ofapprenticeship. Hist. A contract under which
a minor agrees to work for a master for a specified time
in exchange for learning a trade.
articles ofassociation. (17c) 1. ARTICLES OF INCORPORA
TION. 2. A governing document similar to articles of
incorporation that legally creates a non stock or non
profit organization. -Often shortened (informally) to
articles. Also termed articles oforganization. See gov
erning document under DOCT:MENT (1). [Cases: Associa
tions C:=>5; Corporations (;::::0 18.]
Articles ofConfederation. The instrument that governed
the association ofthe 13 original states from March 1,
1781 until the adoption of the U.S. Constitution (Sep
tember 17, 1787). They were prepared by the Conti
nental Congress, submitted to the states in 1777, and
later ratified by representatives ofthe states empowered
by their respective legislatures for that purpose.
articles of dissolution. (1802) A document that a dis
solving corporation must file with the appropriate gov
ernmental agency, usu. the secretary ofstate, after the
corporation has settled all its debts and distributed all
its assets. [Cases: Corporations <610(1).]
articles of impeachment. (17c) A formal document
alleging the specific charges against a public official
and the reasons for removing that official from office .
It is similar to an indictment in a criminal proceeding.
See IMPEACHMENT (1). [Cases: United States (;::::035.]
articles ofincorporation. (18c) A governing document
that sets forth the basic terms ofa corporation's exis
tence, including the number and classes ofshares and
the purposes and duration of the corporation . In
most states, the articles of incorporation are filed with
the secretary of state as part of the process of forming
the corporation. In some states, the articles serve as a
certificate ofincorporation and are the official recogni
tion of the corporation's existence. In other states, the
government issues a certificate of incorporation after
approving the articles and other required documents.
Often shortened (informally) to articles. Also termed
articles ofassociation; articles oforganization; certificate
ofincorporation. Cf. BYLAW (1); CHARTER. See govern
ing document under DOCUMENT (1). [Cases: Corpora
tions 18.]
articles of organization. 1. See ARTICLES OF INCORPO
RATION. 2. See ARTICLES OF ASSOCIATION (2).
articles of partnership. See PARTNERSHIP AGREEMENT.
Articles ofthe Clergy. Hist. A statute enacted in 1315 to
settle the jurisdictions ofthe ecclesiastical and temporal
courts. Also termed Articuli CIeri.
articles ofthe eyre (air). Hist. A series of questions put to
the members ofa community by the justices in eyre to
discover what breaches ofthe law had occurred during
the court's absence . The inquiry enabled the justices
to fine criminal behavior and to raise revenue for the Crown through the levying ofpenalties. See EYRE. Cf.
CHAPITER. -Also termed capitula itineris.
articles of the peace. English law. A sworn complaint
in which a person alleges that a named person poses
a threat to the complainant's person, family, or
property.
Articles of Union. Hist. The 25 articles agreed to by the
English and Scottish parliaments in 1707 for the union
of the two kingdoms.
articles ofwar. 1. The rules and regulations that govern
the activities of an army and navy. 2. (cap.) The body
oflaws and procedures that governed the U.S. military
until replaced in 1951 by the Uniform Code ofMilitary
Justice.
articulated pleading. See PLEADING (1).
articuli (ahr-tik-Yci-h), n. [Latin] Articles; items .  'Ihis
term was applied to several English statutes and trea
tises.
Articuli Cieri (ahr-tik-p-h kleer-I). [Law Latin] See
ARTICLES OF THE CLERGY.
articuli magnae chartae (ahr-tik-Yci-h mag-nee kahr
tee), n. [Latin] Hist. The 49 preliminary articles on
which Magna Carta was founded.
Articuli super Cartas (ahr-tik-p-ll s[y]OO-pcif kahr-tcis).
[Law Latin "articles upon the charters"] Hist. A statute
passed in 1300 to confirm and enlarge many particulars
ofMagna Carta and the Forest Charter.
articulo mortis. See IN ARTICULO MORTIS.
artifice (ahr-tci-fis). A clever plan or idea, esp. one
intended to deceive.
artificer. 1. A skilled worker, such as a mechanic or
craftsman; an artisan. 2. One who builds or contrives;
an inventor.
artificial, adj. 1. Existing only by virtue ofor in can sid
eration ofthe law <artificial presumption > . This term
is often used in reference to a company or a corpora
tion. See artificial person under PERSON (3). 2. Made Of
produced by a human or human intervention rather
than by nature <artificial condition>. 3. Ofor relating
to artifice <an artificial demeanor>.
artificial condition. See CONDITION (5).
artificial day. See DAY.
artificial force. Patents. A natural force that is so trans
formed in character or energies by human power as to
become something new.
artificial insemination. Family law. A process for
achieving conception, whereby semen is inserted into
a woman's vagina by some means other than inter
course. If the woman is married when the artificial
insemination and the birth occur, and her husband has
consented to the insemination, and the insemination is
performed by a licensed phYSician, the husband is con
sidered the father of the child. Ifthe woman is unmar
ried at the time of the insemination, several factors,
varying from jurisdiction to jurisdiction, determine
whether the donor is considered the father of


insemination, several factors,
varying from jurisdiction to jurisdiction, determine
whether the donor is considered the father ofthe child.

129
Cf. IN VITRO FERTILIZATION; GAMETE INTRAFALLO
PIAN TRANSFER; ZYGOTE INTRAFALLOPIAN TRANSFER.
[Cases: Child CustodyC=>274.5; Children Out-of-Wed
lock C=> 15; Parent and Child (:=:;20.]
artificial insemination by donor. Artificial insemi
nation in which the semen donor is someone other
than the recipient's husband. -Abbr. AID. -Also
termed heterologous artificial insemination; exoga
mous insemination. [Cases: Child CustodyC='274.5;
Parent and Child C=>20.]
artificial insemination by husband. Artificial insemi
nation in which the semen donor is the recipient's
husband. ~Abbr. AIH. -Also termed homologous
insemination; endogenous insemination. [Cases: Child
Custody C=>274.5; Parent and Child C:=>20.]
endogenous insemination. See artificial insemination
by husband.
exogamous insemination. See artificial insemination
by donor.
heterologous artificial insemination. See artificial
insemination by donor.
homologous artificial insemination. See artificial
insemination by husband.
artificial person. See PERSON (3).
artificial presumption. See presumption oflaw under
PRESUMPTION.
artificial succession. See SUCCESSION (4).
artificial watercourse. See WATERCOURSE.
artisan. 1. An artist; esp., a skilled crafter. 2. Patents. A
person ofordinary skill in an art, for purposes ofdeter
mining whether a patent application meets the enable
ment requirement of 35 USCA  112. In patent-law
terms, the disclosure in the application must teach the
artisan how to practice the invention. -Also termed
skilled artisan.
artisan's lien. See mechanic's lien under LIEN.
artistic license. See LICENSE.
artistic work. See WORK (2).
art unit. Patents. A group ofpatent examiners in the U.S.
Patent and Trademark Office specializing in a particu
lar field oftechnology . Each art unit is led by a senior
patent examiner.
a rubro ad nigrum (ay roo-broh ad DI-grdm). [Latin]
From the red to the black i.e., from the title of a
statute (formerly often printed in red letters) to its body
(often printed in black letters).
as (as), n. [Latin]l. Roman law. A pound weight or a coin
weighing a pound, divisible into 12 parts, called unciae.
 As and the multiples ofits unciae were used to denote
interest rates. See UNCIA. 2. Roman & civil law. A whole
inheritance; the whole ofan asset. PI. asses.
as-applied challenge. See CHALLENGE (1).
ASBCA. abbr. See ARMED SERVICES BOARD OF CONTRACT
APPEALS. asis
ASCAP. abbr. AMERICAN SOCIETY OF COMPOSERS,
AUTHORS AND PUBLISHERS.
ascendant (d-sen-ddnt), n. (l7c) One who precedes in
lineage, such as a parent or grandparent. -Also termed
ancestor. Cf. DESCENDANT. ascendant, adj.
collateral ascendant. (1832) Loosely, an aunt, uncle, or
other relative who is not strictly an ancestor. -Also
termed collateral ancestor.
lineal ascendant. A blood relative in the direct line of
ascent; ancestor . Parents, grandparents, and great
grandparents are lineal ascendants.
ascent. (l7c) The passing ofan estate upwards to an heir
in the ascending line. Cf. DESCENT.
ascripticius. See ADSCRIPTITIUS.
ascriptitius (as-krip-tish-ee-ds), n. See ADSCRIPTITIUS.
ascriptus. See ADSCRIPTUS.
ASE. abbr. AMERICAN STOCK EXCHANGE.
as eft'eirs. See EFFEIRS, AS.
as-extracted collateral. See COLLATERAL.
asexualization. See STERILIZATION.
asexually reproducing plant. Patents. A plant that repro
duces other than by seeds. Examples ofasexual repro
duction include cutting, grafting, and budding. Only
new, distinctive, and nonobvious species of asexually
reproducing plants may be protected under the Plant
Patent Act. 35 USCA  161. [Cases: Patents (:=) 14.]
ASFA. abbr. ADOPTION AND SAFE FAMILIES ACT.
Ashwander rules. (1953) A set ofprinciples outlining the
U.S. Supreme Court's policy ofdeciding constitutional
questions only when necessary, and ofaVOiding a con
stitutional question if the case can be decided on the
basis of another issue . These rules were outlined in
Justice Brandeis's concurring opinion in Ashwander v.
Tennessee Valley Authority, 297 U.S. 288, 56 S.Ct. 466
(1936). They include the policy that the court should
not decide a constitutional question in a friendly suit,
should not anticipate a question of constitutional law,
should not create a rule of constitutional law that is
broader than that called for by the facts of the case,
should not decide a constitutional issue if the case
can be decided on another ground, should not rule on
the constitutionality ofa statute unless the plaintiff is
harmed by the statute or if the plaintiff has accepted
the benefits of the statute, and should not rule on the
constitutionality of an act of Congress without first
analyzing whether the act can be fairly construed in
a way that would avoid the constitutional question.
Also termed Brandeis rules. [Cases: Constitutional Law
C:=>975, 976, 994.]
as is, adv. & adj. In the existing condition without modi
fication <the customer bought the car as is>. L'nder
UCC  2-316(3)(a), a seller can disclaim all implied war
ranties by stating that the goods are being sold "as is"
or "with all faults." Generally, a sale ofproperty "as is"
means that the property is sold in its existing condi
tion, and use ofthe phrase as is relieves the seller from

liability for defects in that condition. Also termed
with allfaults. [Cases: Contracts C=205.30; Sales
267.]
as-is warranty. See WARRANTY (2).
asked price. See PRICE.
asking price. See PRICE.
as of right. By virtue of a legal entitlement <the case is
not one triable to a jury as of right>.
ASP. abbr. APPLICATION SERVICE PROVIDER.
as per. (I8c) In accordance with; PER (3). This phrase
has traditionally been considered a barbarism, per
being the preferred form in commercialese <per your
request>. But even per can be improved on <as you
requested>.
aspirin wars. Slang. A series offalse-advertising lawsuits
between makers of over-the-counter pain relievers in
the 19805, all centering on the boundaries ofcompara
tive advertiSing.
asportation (as-p;lr-tay-sh;ln), n. (lSc) The act of carrying
away or removing (property or a person) . Asporta
tion is a necessary element oflarceny. Also termed
carrying away. See LARCENY. [Cases: Kidnapping
17; Larceny C= 17; Robbery C::; 10.] asport, vb.
asportative, adj.
''There is no larceny unless the personal goods of another
which have been taken by trespass are 'carried away,' but
this technical requirement may be satisfied by a very slight
movement. There must be 'asportation,' to use the word
commonly found in the early cases, but the slightest start
of the carryingaway movement constitutes asportation."
Rollin M. Perkins & Ronald N. Boyce, Criminal Law 323 (3d
ed.1982).
'To constitute larceny, there must be a taking or caption and
carrying away or asportation of the property of another.
There is a caption when the defendant takes possession.
He takes possession when he exercises dominion and
control over the property. There is an asportation when he
carries away the property; any carrying away movement,
however slight, is sufficient. An asportation presupposes a
prior caption; therefore, there can be no asportation unless
there has first been a caption." 3 Charles E. Torcia, Whar
ton's Criminal Law 357, at 412-13 (15th ed. 1995).
asportavit (as-por-tay-vit). [Law Latin] He carried
away.
ASR. abbr. ACCOUNTING SERIES RELEASE.
assailant. (16c) 1. One who physically attacks another;
one who commits an assault. [Cases: Assault and
Battery C=-48.] 2. One who attacks another using
nonphysical means; esp., one who attacks another's
position or feelings, as by criticism, argument, or
abusive language.
assart. Rist. 1. The act ofpulling up trees and bushes in
a forest to make the land arable . 'This was a crime if
done without a license. 2. A piece ofland made arable
by dearing a forest.
assassination, n. (17c) The act of deliberately killing
someone, esp. a public figure, usu. for hire or for politi
cal reasons. -assassinate, vb. assassin, n, assault, n. (14c) 1. Criminal & tort law. The threat or use
offorce on another that causes that person to have a rea
sonable apprehension of imminent harmful or offensive
contact; the act of putting another person in reason
able fear or apprehension of an immediate battery by
means of an act amounting to an attempt or threat to
commit a battery. [Cases: Assault and Battery
48.] 2. Criminal law. An attempt to commit battery,
requiring the specific intent to cause physical injury.
Also termed (in senses 1 and 2) simple assault; common
assault. 3. Loosely, a battery. 4. Popularly, any attack.
Cf. BATTERY. assault, vb. assaultive, adj.
"Ordinary usage creates a certain difficulty in pinning down
the meaning of 'assault.' Etymologically, the word is com
pounded of the Latin ad + saltare, to jump at. In popular
language, it has always connoted a physical attack. When
we say that D assaults V, we have a mental picture of D
attacking V, by striking or pushing or stabbing him. In the
middle ages, however, the terms 'assault' and 'battery'
were given technical meanings which they have retained
ever since. It became settled that though an assault could
be committed by physical contact, it did not require this,
since a show of force raising an apprehension in the mind
of the victim was sufficient. Also, a 'battery' did not require
an actual beating; the use of any degree of force against
the body would suffice. The acts of spitting on a person
and kissing Without consent are both batteries." Glanville
Williams, Textbook ofCriminal Law 135-36 (1978).
"In addition to the classic definitions of assault, some juris
dictions have used assault as a generic term to describe
either assault or battery. Thus, a defendant who intention
ally injures somebody may be convicted of assault rather
than battery." Arnold H. Loewy, Criminal Law in a Nutshell
57 (2d ed. 1987).
aggravated assault. (l8c) Criminal assault accompa
nied by circumstances that make it more severe, such
as the intent to commit another crime or the intent
to cause serious bodily injury, esp. by using a deadly
weapon. See Model Penal Code  211.1(2). [Cases:
Assault and Battery
"The common law did not include any offense known as
'aggravated assault: However, it did make provision for
certain situations in this field, under other names. If, for
example, the intended application of force to the person
would have resulted In murder, mayhem, rape or robbery,
if successful, and the scheme proceeded far enough to
constitute an attempt the prosecution was for an attempt
to commit the intended felony." Rollin M. Perkins &Ronald
N. Boyce, Criminal Law 180 (3d ed. 1982).
assault by contact. The offense of knowingly or inten
tionally touching another person when the actor
knows or believes that the touch will offend or
provoke the other person.
assault purpense (;l-sawlt poor-pawn-say). [French]
Hist. Premeditated assault. -Also termed assultus
premeditatus (J-Sal-t;ls pree-med-J-tay-tis).
"Even before the conquest, ... deliberately planned assas
sinations came to be distinguished and put into the list of
Crown pleas as forsteal. The original sense of this word
was lying in wait to am bush the victi m. After the conquest
this is expressed in various terms in French and Latin, but
frequently takes the form of assault purpense, or assultus
premeditatus. In time this yields before malitia excogi
tata, and so introduces us to the very troublesome word
'malice'." Theodore F.T. Plucknett, A Concise History of the
Common Law444 (5th ed. 1956).

131
assault to rape. See assault with intent to commit
rape.
assault with a dangerous weapon. See assault with a
deadly weapon.
assault with a deadly weapon. (1803) An aggra
vated assault in which the defendant, using a deadly
weapon, threatens the victim with death or serious
bodily injury. Also termed assault with a dangerous
weapon. [Cases: Assault and Battery C:=> 56.]
assault with intent. (17c) Any of several assaults that
are carried out with


y C:=> 56.]
assault with intent. (17c) Any of several assaults that
are carried out with an additional criminal purpose
in mind, such as assault with intent to murder, assault
with intent to rob, assault with intent to rape, and
assault with intent to inflict great bodily injury.
These are modern statutory inventions that are often
found in state criminal codes. [Cases: Homicide
725; Rape 16; Robbery C:=> 13.]
assault with intent to commit rape. An assault carried
out with the additional criminal purpose of raping
the victim. -Also termed assault to rape. [Cases:
Rape C:=> 16.]
atrocious assault. An assault that causes severe
wounding or maiming. [Cases: Assault and Battery
attempted assault. (1870) An attempt to commit an
assault; an attempted battery that has not progressed
far enough to be an assault, as when a person intends
to harm someone physically but is captured while or
after trying to locate the intended victim in his or her
place ofemployment. -Traditionally, most commen
tators held that an attempted assault could not exist
because assault was in itself an attempt to commit a
crime. Many modern authorities, however, assert that
an attempted assault can occur, and that it should be
punishable. Also termed attempt to assault. See
ATTEMPT TO ATTEMPT. [Cases: Assault and Battery
<>:::>61.)
"[I]t is apparent that reference may be made to an 'attempt
to assault' without logical absurdity. There is nothing
absurd in referring to an attempt to frighten, which would
constitute, if successful, a criminal assault in most juris
dictions.... It is not surprising, therefore, that there is a
tendency to break away from the ancient view that there is
no such offense known to the law as an attempt to commit
an assault." Rollin M. Perkins & Ronald N. Boyce, Criminal
Law 168 (3d ed. 1982).
"By far the most interesting cases in this area are the
attempted assault cases. Where assault is defined as
intentionally putting another in fear of a battery, there is
ofcourse no basis for denying the possibility ofan attempt.
Where, however, assault is defined as an attempted battery,
attempted assault looks very much like the forbidden
'attempt to attempt' a battery. For this reason some courts
have held that there is no such crime as attempted assault.
Other courts, however, have held that an attempted assault
can exist, defining it as an attempted battery which has not
progressed far enough to be an assault." Arnold H. Loewy,
Criminal Law in a Nutshell 223-24 (2d ed. 1987).
civil assault. (1892) An assault considered as a tort
and not as a crime. _ Although the same assaultive
conduct can be both a tort and a crime, this term assault and battery
isolates the legal elements that give rise to civilliabil
ity. [Cases: Assault and Battery C:=>2.]
conditional assault. (1971) An assault expressing a
threat on condition, such as "your money or your
life."
criminal assault. (1835) An assault considered as
a crime and not as a tort. _ This term isolates the
legal elements that give rise to criminal liability even
though the act might also have been tortious. [Cases:
Assault and Battery C:=>48.]
excusable assault. An assault committed by accident
or while doing a lawful act by lawful means, with
ordinary caution and without any unlawful intent.
felonious assault. An assault that is ofsufficient severity
to be classified and punished as a felony. See aggra
vated assault; assault with a deadly weapon. [Cases:
Assault and Battery C:=>60.]
indecent assault. See sexual assault (2).
indecent assault by contact. See sexual assault (2)
indecent assault by exposure. See INDECENT
EXPOSURE.
intoxication assault. An assault that occurs when an
inebriated person causes bodily injury to another
person. [Cases: Automobiles C:=> 347.J
malicious assault with a deadly weapon. An aggra
vated assault in which the victim is threatened with
death or serious bodily harm from the defendant's use
of a deadly weapon. -Malice is inferred from both
the nature of the assault and the weapon used. [Cases:
Assault and Battery C:=>56.]
sexual assault. (1880) 1. Sexual intercourse with
another person who does not consent. -Several state
statutes have abolished the crime ofrape and replaced
itwith the offense ofsexual assault. [Cases: Rape
1.] 2. Offensive sexual contact with another person,
exclusive ofrape. -The Model Penal Code lists eight
circumstances under which sexual contact results in
an assault, as when the offender knows that the victim
is mentally incapable ofappreciating the nature of the
conduct, either because ofa mental disease or defect
or because the offender has drugged the victim to
prevent resistance. Model Penal Code  213.4. -Also
termed (in sense 2) indecent assault; sexual assault by
contact; indecent assault by contact. Cf. RAPE. [Cases:
Assault and BatteryC~59.]
sexual assault by contact. See sexual assault (2).
simple assault. I. See ASSAULT (1). 2. See ASSAULT (2).
"(1) Simple Assault. A person is guilty of assault if he:
(a) attempts to cause or purposely, knowingly or reck
lessly causes bodily injury to another; or (b) negligently
causes bodily injury to another with a deadly weapon; or
(c) attempts by physical menace to put another in fear of
imminent serious bodily injury." Model Penal Code  211.1
(1997).
assault and battery. (16c) Loosely, a criminal battery.
See BATTERY.
"Although the term assault and battery is frequently used
when a battery has been committed, one who commits a

battery cannot also be punished for committing an assault,
since the lesser offense of assault blends into the actual
battery." Paul Marcus, "Assault and Battery," in I Encyclo
pedia ofCrime and Justice 88, 88 (Sanford H. Kadish ed..
1983).
assault by contact. See ASSAULT.
assaultee. A person who is assaulted.
assaulter. A person who assaults another.
assault with a dangerous weapon. See assault with a
deadly weapon under ASSAULT.
assault with a deadly weapon. See ASSAULT.
assay, n. 1. A proofor tria\, by chemical experiments, of
the purity of metals, esp. gold and silver. 2. An exami
nation ofweights and measures.
assayator regis. See ASSAYER OF THE KING.
as sayer. One who makes assays of precious metals.
assayer of the king. Hist. An officer of the royal mint,
appointed by St. 2 Hen. 6, ch. 12, who receives and tests
bullion taken in for coining. -Also termed assayator
regis.
assecurare (a-sek-ya-rair-ee), vb. [Law Latin] Hist. To
make secure, as by pledges.
assecuration (a-sek-ya-ray-shan). Marine insurance.
Insurance.
assecurator (a-sek-ya-ray-tar), Marine insurance. An
insurer.
assembly. (14c) 1. A group ofpersons organized and
united for some common purpose.
delegate assembly. See CONVENTION (4).
deliberative assembly. Parliamentary law. A body that
transacts business according to parliamentary law.
A deliberative assembly typically has several distin
gUishing characteristics: (1) it is a group ofpeople who
meet to propose, discuss, and possibly vote on courses
of action to be undertaken in the group's name; (2)
participants are free to use their own judgment; (3)
enough people participate so that a certain degree
offormality in the proceedings is desirable; (4) each
participant has one vote and may dissent without fear
of expulsion; and (5) when some members are absent,
the members actually present have the authority to
act for the entire group (subject to quorum and other
requirements). See Henry M. Robert, Robert's Rules of
Order Newly Revised  1, at 2 (lOth ed. 2000).
ordinary assembly. Parliamentary law. A deliberative
assembly other than a legislative body.
riotous assembly. Hist. An unlawful assemblage of 12
or more persons causing a disturbance of the peace.
See RIOT. [Cases: Riot C=c 1.]
unlawful assembly. (16c) A meeting of three or more
persons who intend either to commit a violent crime
or to carry out some act, lawful or unlawful, that will
constitute a breach of the peace. Cf. RIOT. [Cases:
Unlawful Assembly
"In order that the assembly may be 'unlawful,' it is not
necessary that the object of the meeting should itself be illegal. The test is, not the illegality of the purpose for
which the persons are met, but the danger to the peace
which their meeting involves. The mere fact, therefore, that
the purpose is unlawful is not enough; it must be shown
that it involves reasonable apprehension of a breach of the
peace. Thus, if a number of persons meet to plan a fraud,
they may be guilty of a conspiracy, but their meeting is
not an unlawful assembly." 4 Stephen's Commentaries on
the Laws of England 135-36 (L. Crispin Warmington ed.,
21sted.1950).
"An unlawful assembly differs from a riot in that if the
parties assemble in a tumultuous manner, and actually
execute their purpose with violence, it is a riot; but if they
merely meet on a purpose, which, if executed, would make
them rioters, and, having done nothing, they separate
without carrying their purpose into effect, It is an unlawful
assembly." 77 c.JS. Riot; Insurrection  2, at 565 (1994).
2. In many states, the lower house of a legislature. 3.
Parliamentary law. CONVENTION (4). 4. Patents. In a
patent claim, a collection ofparts used to form a struc
ture.
assembly, right of. See RIGHT OF ASSEMBLY.
assensio mentium (a-sen-see-oh men-shee-am). [Latin
"assent of minds"] See MEETING OF THE MINDS.
assent, n. (14c) Agreement, approval, or permission; esp.,
verbal or nonverbal conduct reasonably interpreted as
willingness. See CONSENT. assent, vb.
"The requirement of 'assent,' which is fundamental to the
formation of a binding contract, implies in a general way
that both parties to an exchange shall have a reasonably
clear conception of what they are getting and what they
are giving up." Marvin A. Chirelstein, Concepts and Case
Analysis in the Law ofContracts 66 (l 990).
actual assent. Assent given by words or conduct
intended to express willingness.
apparent assent. Assent given by language or conduct
that, while not necessarily intended to express will
ingness, would be understood by a reasonable person
to be so intended and is actually so understood.
constructive assent. (1811) Assent imputed to someone
based on conduct.
express assent. (16c) Assent dearly and unmistakably
communicated.
implied assent. (18c) Assent inferred from one's
conduct rather than from direct expression.
mutual assent. (17c) Agreement by both parties to a
contract, llSU. in the form of offer and acceptance.
In modern contract law, mutual assent is determined
by an objective standard -that is, by the apparent
intention ofthe parties as manifested by their actions.
Cf. MEETING OF THE MINDS. lCases: Contracts C=c
IS.]
assented stock. See STOCK.
assenting-silence doctrine. (1976) The principle that
an accusation will be taken as true, despite silence by
the accused, if the accusation was made under cir
cumstances in which silence can be fairly said to be an
agreement. _ This doctrine is usu. held to be invalid
as a measure of a criminal defendant's guilt. [Cases:
Criminal Law C=c407.]

133
assert, vb. 1. To state positively. 2. To invoke or enforce a
legal right. -assertory, assertive, adj. -assertor, n.
assertion, n. (I5c) 1. A declaration or allegation. 2. A
person's speaking, writing, acting, or failing to act with
the intent of expressing a fact or opinion; the act or
an instance of engaging in communicative behavior.
See assertive conduct under CONDUCT. -assert, vb.
assertor, n.
assertive conduct. See CONDUCT.
assertive question. Civil law. A question asked of
a witness at a criminal trial, by which inadmis
sible evidence is sought, to provide the jury with
details regarding another crime. Cf. INTERROGATIVE
QUESTION.
assertory covenant. See COVENANT (1).
assertory oath. See OATH.
assessable insurance. 1. See INSURANCE. 2. See assess
able policy (1) under INSURANCE POLlCY.
assessable policy. 1. See INSURANCE POLlCY. 2. See
assessable insurance (1) under INSURANCE.
assessable security. See SECURITY.
assessable stock. See STOCK.
assessed valuation. See VALUATIOK.
assessed value. See VALUE (2).
assessee (as-;l-see), n. A person against whom a payment
is assessed.
assessment, n. (16c) 1. Determination of the rate or
amount of something, such as a tax or damages
<assessment of the losses covered by insurance>.
[Cases: Damages C='95-126; Internal Revenue <>::>
4520; Taxation (>:>2428, 2512-2527.] 2. Imposition
of something, such as a tax or fine, according to an
established rate; the tax or fine so imposed <assess
ment of a luxury tax>. [Cases: Internal Revenue
.4520; Taxation (


imposed <assess
ment of a luxury tax>. [Cases: Internal Revenue
.4520; Taxation (>::>2428, 2512-2527.]
"There is a distinction between public improvements,
which benefit the entire community, and local improve
ments, which benefit particular real estate or limited areas
of land. The latter improvements are usually financed by
means of special, or local, assessments. These assessments
are, in a certain sense, taxes. But an assessment differs
from a general tax in that an assessment is levied only on
property in the immediate vicinity of some local municipal
improvement and is valid only where the property assessed
receives some special benefit differing from the benefit
that the general public enjoys." Robert Kratovil, Real Estate
Law465 (6th ed. 1974).
assessment for benefits. See special assessment.
deficiency assessment. An assessment by the IRS
after administrative review and tax-court adjudi
cation of additional tax owed by a taxpayer who
underpaid. See DEFICIENCY (2). [Cases: Internal
Revenue <8=)4520.]
double assessment. The act of requiring that tax be
paid twice for the same property. See double taxation
under TAXATION. [Cases: Taxation C=2150-2156,
3435.] assessment for benefits
erroneous assessment. An assessment that deviates
from the law and creates a jurisdictional defect, and
that is therefore invalid.
excessive assessment. A tax assessment that is grossly
disproportionate as compared with other assess
ments. [Cases: Taxation (;::=)2127.]
frontage assessment. (1877) A municipal tax charged
to a property owner for local improvements that abut
a street or highway, such as sidewalks, pavements, or
sewage lines. [Cases: Municipal Corporations (>::>
469.]
jeopardy assessment. An assessment by the IRS
without the usual review procedures ofadditional
tax owed by a taxpayer who underpaid, based on the
IRS's belief that collection ofthe deficiency would be
jeopardized by delay. IRC (26 USCA)  6811 et seq.
[Cases: Internal Revenue C-'='4548.]
local assessment. A tax to pay for improvements
(such as sewers and sidewalks) in a deSignated area,
levied on property owners who will benefit from the
improvements. Also termed local-improvement
assessment. [Cases: Municipal Corporations
405.]
"Since there is [an] important and fundamental distinc
tion between the tax in the more limited sense and the
local assessment, the question often arises whether provi
sions in constitutions and statutes which refer by name to
taxes, include also local assessments. This is primarily a
question of legislative intention. In the absence of anything
to show the specific intention of the legislature, the general
rule is that the local assessment possesses such marked
peculiarities differentiating it from the tax in the more
limited sense of the term, that the use of the term 'tax'
does not prima facie show an intention to include local
assessments." 1 William H. Page & Paul Jones, A Treatise
on the Law of Taxation by Local and Special Assessments
 39, at 67 (1909).
maintenance assessment. See MAINTENANCE FEE (2).
political assessment. Hist. A charge levied on office
holders and political candidates by a political party
to defray the expenses for a political canvass.
special assessment. The assessment of a tax on property
that benefits in some important way from a public
improvement. Also termed assessment for benefits.
[Cases: Municipal Corporations (>::>405.]
3. Official valuation ofproperty for purposes of taxation
<assessment of the beach house>. -Also termed tax
assessment. Cf. APPRAISAL. [Cases: Taxation (>::>2431.]
4. An audit or review <internal financial assessment>
<environmental site assessment>. -assess, vb.
assessment bond. See BOND (3).
assessment company. An association that offers its
members life insurance, and then pays for death losses
by levying an assessment on the surviving members
of the association.
assessment contract. See CONTRACT.
assessment district. See DISTRICT.
assessment for benefits. See special assessment under
ASSESSMENT.

134 assessment fund
assessment fnnd. The balance of the assessments of
a mutual benefit association, minus expenses, from
which beneficiaries are paid. [Cases: Beneficial Asso
ciations 17.]
assessment insurance. See INSURANCE.
assessment list. See ASSESSMENT ROLL.
assessment period. A taxable period.
assessment ratio. For property tax purposes, the ratio
of assessed value to fair market value.
assessment roll. A record of taxable persons and
property, prepared by a tax assessor. Also termed
assessrn,ent list; (in some New England states) grand
list. [Cases: Taxation <.r'-::::>2576.]
assessment work. Mining law. The annual labor (such
as improvements) that must be performed on an
unpatented mining claim to continue to hold the claim.
[Cases: Mines and Minerals 0='23.]
assessor. (14c) 1. An official who evaluates or makes
assessments, esp. for purposes of taxation. Also
termed (specif.) tax assessor. [Cases: Taxation
2431, 2434.J 2. A person who advises a judge or magis
trate about scientific or technical matters during a trial.
See MASTER (2). 3. ADSESSOR. assessorial (as-;:l-sor
ee-;:ll), adj. assessorship, n.
asset. (16c) 1. An item that is owned and has value. 2.
(pl.) The entries on a balance sheet showing the items
ofproperty owned, including cash, inventory, equip
ment, real estate, accounts receivable, and goodwilL
3. (pl.) All the property of a person (esp. a bankrupt
or deceased person) available for paying debts or for
distribution.
accrued asset. An asset arising from revenues earned
but not yet due.
admitted asset. An asset that by law may be included
in evaluating the financial condition of an insurance
company. Cf. nonadmitted asset. [Cases: Insurance
C=:>1363.J
appointive asset. An asset distributed under a power
of appointment.
assets by descent. The portion of an estate that passes
to an heir and is sufficient to charge the heir with the
decedent's speCialty debts. -Also termed assets per
descent.
assets in hand. The portion of an estate held by an
executor or administrator for the payment of debts
chargeable to the executor or administrator. -Also
termed assets entre main; assets entre mains.
assets per descent. See assets by descent.
asset under management. A securities portfolio for
which an investment adviser provides ongoing,
regular supervisory or management services.
capital asset. 1. A long-term asset used in the operation
of a business or used to produce goods or services,
such as equipment, land, or an industrial plant.
Also termed jixed asset. 2. For income-tax purposes, assets specifically excluded by the Internal Revenue
Code. Excluded from the definition are, among
other things, stock in trade, inventory, and property
held by the taxpayer primarily for sale to customers
in the ordinary course of trade or business. [Cases:
Internal Revenue 0='3230.1-3261.)
commercial assets. The aggregate of available property,
stock in trade, cash, and other assets belonging to a
merchant.
current asset. An asset that is readily convertible into
cash, such as a marketable security, a note, or an
account receivable. Also termed liqUid asset; quick
asset; near money;jinancial asset.
"Current assets are assets expected to be converted to
cash. sold. or consumed during the next twelve months, or
within the business's normal operating cycle if the cycle is
longer than a year. The operating cycle is the period from
the time that cash is used to acquire goods and services,
these goods and services are sold to customers, and the
accounts receivable from these customers are collected in
cash. For a small retail store, the operating cycle may be
only a few weeks or months. For a shipbuilding company,
however, the normal operating cycle could run several
years." Jay Alix & Elmer E. Heupel, FinanCial Handbook foy
Bankruptcy Professionals  9.2, at 354 (1991).
dead asset. A worthless asset; an asset that has no real
izable value, such as an uncollectible account receiv
able.
earning asset. (usu. pI.) An asset (esp. of a bank) on
which interest is received . Banks consider loans to
be earning assets.
equitable asset. An asset that is subject to payment only
in a court of equity.
financial asset. See current asset.
fixed asset. See capital asset (1).
frozen asset. An asset that is difficult to convert into
cash because of court order or other legal process.
hard asset. See real asset.
hidden asset. An asset carried on the books at a sub
stantially reduced or understated value that is con
siderably less than market value.
illiquid asset. An asset that is not readily convertible
into cash, usu. because of (1) the lack of demand, (2)
the absence of an established market, or (3) the sub
stantial cost or time required for liquidation (such as
for real property, even when it is desirable).
individual asset. (usu. pl.) Property belonging to
a member of a partnership as personal property,
separate from the partnership's property. [Cases:
Partnership (;:::)67.]
intangible asset. Any nonphysical asset or resource
than can be amortized or converted to cash, such as
patents, goodwill, and computer programs, or a right
to something, such as services paid for in advance.
junk asset. See troubled asset.
legal asset. A decedent's asset that by law is subject to
any of most assets held by a taxpayer except those i the claims of creditors or legacies. -Also termed

135
probate asset. [Cases: Executors and Administrators
C--:>38.]
liquid asset. See current asset.
mass asset. An intangible asset, such as a dominant
market position, that is made up ofseveral compo
nents but that is considered a single entity for purposes
of depreciation, because the loss of any component
ofthe asset is replaced by new components, so that
the whole asset has little or no fluctuation in value.
 An entity with a dominant market position might
lose a vendor but, because of its dominant market
position, still be able to replace the loss with a new
vendor. The market position is therefore considered
a mass asset.
net assets. See net worth under WORTH.
net quick assets. The excess of quick assets less current
liabilities. See QUICK-ASSET RATIO.
new asset. Wills & estates. In the administration of
a decedent's estate, property that the administrator
or executor receives after the time has expired to file
claims against the estate.
nominal asset. An asset whose value is difficult to
assess, such as a judgment or claim.
nonadmitted asset. An asset that by law may not be
included in evaluating the financial condition of an
insurance company because it cannot be converted
quickly into cash without a finandalloss. Cf. admitted
asset. [Cases: Insurance (;=-1363.]
nonprobate asset. Property that passes to a named
beneficiary upon the owner's death according to the
terms of some contract or arrangement other than
a will.  Such an asset is not a part of the probate
estate and is not ordinarily subject to the probate
court's jurisdiction (and fees), though it is part of
the taxable estate. Examples include life-insurance
contracts, joint property arrangements with right of
survivorship, pay-an-death bank accounts, and inter
vivos trusts. Also termed nonprobate property. Cf.
WILL SUBSTITUTE. [Cases: Wills ~4.]
personal asset. An asset in the form of money or
chattels.
premarital asset. Property that a spouse owned before
marrying. In most jurisdictions, this is part of the
spouse's separate property. See SEPARATE PROPERTY.
Cf. COMMUNITY PROPERTY. [Cases: Divorce
252.3(3); Husband and Wife ~248.5.]
probate asset. See legal asset.
quick asset. 1. Cash and other current assets other than
inventory. 2. See current asset.
real asset. 1. An asset in the form ofland. 2. Loosely,
any tangible asset. -Also termed hard asset.
tangible asset. An asset that has a physical existence
and is capable ofbeing assigned a value.
toxic asset. See troubled asset.
troubled asset. A debt-related asset, such as a mortgage
loan, for which the debt has become or is likely to assignable
become un collectable, resulting in a sudden, sharp
decrease in the asset's value. -Also termed toxic
asset; junk asset.
wasting asset. An asset exhausted through use or the
loss ofvalue, such as an oil well or a coal deposit.
asset acquisition. Acquisition of a corporation by pur
chasing all its assets directly from the corporation itself,
rather than by purchasing shares from its sharehold
ers. Also termed asset purchase. Cf. SHARE ACQUI
sITIoN.
asset allocation. The spreading offunds between differ
ent types of investments with the intention ofdecreas
ing risk and increasing return.
asset-backed security. See SECURITY.
asset-based financing. See FINANCING.
asset-coverage test. Accounting. A bond-indenture
restriction that permits additional borrowing only if
the ratio ofassets (typically net tangible assets) to debt
(typically long-term debt) does not fall below a speci
fied minimum.
asset-depreciation range. (1971) Tax. The IRS's range
of depreciation lifetimes allowed fOf assets placed in
service between 1970 and 1980 and for assets depreci
ated under the Modified Accelerated Cost Recovery
System under the Tax Reform Act of 1986. -Abbr.


ated under the Modified Accelerated Cost Recovery
System under the Tax Reform Act of 1986. -Abbr.
ADR. See ACCELERATED COST RECOVERY SYSTEM.
[Cases: Internal Revenue ~3476.]
asset dividend. See DIVIDEND.
asset-protection trust. See TRUST (3).
asset purchase. See ASSET ACQUISITION.
asset sale and liquidation. Mergers & acquisitions. A
merger in which a corporation's board and a majority
of the stockholders approve a sale of most or all of the
corporation's assets to another corporation in exchange
for cash or debt.
assets by descent. See ASSET.
assets entre main. See assets in hand under ASSET.
assets in hand. See ASSET.
assets per descent. See assets by descent under ASSET.
asset under management. See ASSET.
asset value. See NET ASSET VALUE.
asseverate (;>-sev-;>-rayt), vb. (1744) To state solemnly
or positively; to aver. See AVERMENT. -asseveration
(;>-sev-;>-ray-sh;>n), n.
assign, n. (usu. pl.) See ASSIGNEE.
assign, vb. 1. To convey; to transfer rights or property
<the bank assigned the note to a thrift institution>.
[Cases: Assignments 1.] 2. To assert; to pOint out
<the appellant aSSigned as errors two of the trial court's
rulings>. See ASSIGNMENT OF ERROR.
assignable, adj. (1809) Able to be assigned; transferable
from one person to another, so that the transferee has
the same rights as the transferor had <assignable right>.
Cf. NEGOTIABLE. [Cases: Assignments ~1.]

136 assignable lease
assignable lease. See LEASE.
assignation (as-ig-nay-shcm), n. 1. Archaic. An appoint
ment of a time and place to meet, esp. for engaging
in illicit sex. 2. Eccles. law. A specific allegation in a
detendant's counterpleading. 3. French law. A plaintiff's
complaint; a writ of summons.
assignation house. See DISORDERLY HOUSE.
assign dower. To set out the legal description of a
widow's share of her deceased husband's estate. See
DOWER.
assigned account. See ACCOUNT.
assigned wunsel. See COUNSEL.
assigned error. See ERROR.
assigned risk. See RISK.
assignee (;:I-sl-nee or as-;:I-nee). (l4c) One to whom
property rights or powers are transferred by another.
 Use of the term is so widespread that it is difficult
to ascribe positive meaning to it with any specificity.
Courts recognize the protean nature of the term and
are therefore often forced to look to the intent of the
assignor and assignee in making the assignment
rather than to the formality of the use of the term
assignee -in defining rights and responsibilities.
Also termed assign. [Cases: Assignments C-~90.]
absolute assignee. A person who is assigned an unqual
ified interest in property in a transfer of some or all
of the incidents of ownership.
assignee ad interim. An assignee appointed between
the time of bankruptcy and the appointment of a
regular assignee.
assignee for value. An assignee who has paid for or
otherwise given consideration for the assignment.
collateral assignee. A lender who is assigned an
interest in property (usu. real property) as security
for a loan.
gratuitous assignee. An assignee under an assignment
not given for value.
subassignee. A person to whom a right is aSSigned by
one who is a previous assignee of the right.
assignee clause. (1925) A provision ofthe Judiciary Act
of 1789 that prevented a litigant without diversity of
citizenship from assigning a claim to another who
did have the required diversity . In 1948 the assignee
clause was replaced by 28 USCA  1359, which denies
federal jurisdiction when a party is improperly or col
lUSively jOined, by assignment or otherwise, merely to
invoke jurisdiction.
assignee estoppel. See ESTOPPEL.
assigner. See ASSIGNOR.
assignment. (14c) 1. The transfer of rights or property
<assignment of stock options>. [Cases: Assignments
(;:='31.] 2. The rights or property so transferred <the
aunt aSSigned those funds to her niece, who promptly
invested the assignment in mutual funds>. "An assignment is a transfer or setting over of property,
or of some right or interest therein, from one person to
another; the term denoting not only the act of transfer, but
also the instrument by which it is effected. In these senses
the word is variously applied in law." Alexander M. Burrill, A
Treatise on the Law and Practice of Voluntary Assignments
for the Benefit of Creditors  1, at I (James Avery Webb
ed., 6th ed. 1894).
"Negotiability differs from assignment, with which it has
obvious affinities, in at least two respects. In the first place
no notice need be given of the transfer of a negotiable
instrument, and in the second place the transfer of such
an instrument is not subject to equities. Thus whereas an
assignor only transfers his rights subject to any defences
which could be pleaded against him, a transfer of a nego
tiable instrument to someone in good faith passes a good
title, free from any such defences. For instance a person
who receives a cheque in good faith obtains a good title,
even though the cheque may have been stolen. It is not, of
course, any document which has the attributes of nego
tiability. Only those documents recognized by the custom
of trade to be transferable by delivery (or endorsement)
are negotiable. Other documents can only be transferred
by assignment." P.S. Atiyah. An Introduction to the Law of
Contract 278-79 (3d ed. 1981).
absolute assignment. An aSSignment that leaves the
assignor no interest in the aSSigned property or right.
[Cases: Assignments C:::>71.]
assignment by operation oflaw. A transfer of a right or
obligation as a necessary consequence ofa change in
legal status, regardless of the affected party's intent.
 For example, a right and a corresponding obliga
tion may disappear ifthey vest in the same person, as
might happen in a merger or acquisition.
assignmentfor value. An assignment given in exchange
for consideration. [Cases: Assignments (;:='53.]
assignment in gross. A transfer of a company's trade
mark separately from the goodwill of the business.
 Courts often hold that such an assignment passes
nothing of value to the transferee. -Also termed
naked assignment. See ANTl-ASSIGNMENT-IN-GROSS
RULE. [Cases: Trademarks Cd 1201.]
assignment ofaccount. An assignment that gives the
assignee the right to funds in an account, usu. to
satisfy a debt. [Cases: Assignments C:::> 10.]
assignment ofapplication. 1. Patents. The U.S. Patent
and Trademark Office's formal routing of a patent
or trademark application to the examining group to
which it appears to belong based on subject matter.
[Cases: Patents C:::> 104; Trademarks ~-,1287.]2. The
transfer of the right to prosecute a patent or register
a trademark . The assignee must show ownership
in the property to be patented or registered and, if
less than absolute, the extent of ownership. See 37
CFR  3.73. [Cases: Patents C:::> 183; Trademarks
1197.]
assignment ofdower (dow-;:Ir). The act ofsetting apart a
widow's share of her deceased husband's real property.
[Cases: Dower and Curtesy 0:::::'65-112.]
assignment ofincome. See assignment ofwages.
assignment oflease. An assignment in which a lessee
transfers the entire unexpired remainder ofthe lease

137
term, as distinguished from a sublease transfer
ring only a portion of the remaining term. [Cases:
Landlord and Tenant (;::::::>74-79.]
assignment of realty. A transfer of a real-property
interest that is less than a freehold . The term
includes debt-security interests in land.
assignment ofwages. A transfer of the right to collect
wages from the wage earner to a creditor. -Also
termed assignment ofincome. [Cases: Assignments
assignment pro tanto. An assignment that results when
an order is drawn on a third party and made payable
from a particular fund that belongs to the drawer.
The drawee becomes an assignee with respect to the
drawer's interest in that fund. [Cases: Assignments
(;::;:J49.]
collateral assignment. An assignment of property as
collateral security for a loan. [Cases: Secured Trans
actions C:::::> 181.]
common-law assignment. An assignment for the
benefit of creditors made under the common law,
rather than by statute. [Cases: Debtor and Creditor
1.]
conditional assignment. An assignment of income
(such as rent payments or accounts receivable) to a
lender, made to secure a loan . The lender receives
the assigned income only if the assignor defaults on
the underlying loan. [Cases: Mortgages 199(2);
Secured Transactions (;::;:J 181.]
effective assignment. An assignment that terminates
the assignor's interest in the property and transfers
it to the assignee.
equitable assignment. An assignment that, although
not legally valid, will be recognized and enforced in
equity for example, an assignment of a chose in
action or of future acquisitions of the assignor . To
accomplish an "equitable assignment," there must be
an absolute appropriation by the assignor ofthe debt
or fund sought to be assigned. [Cases: Assignments
C-~48.1
fly-power assignment. A blank written assignment
that, when attached to a stock certificate, renders the
stock transferable. [Cases: Corporations C~125.]
foreign assignment. An assignment made in a foreign
country or in another jurisdiction.
general assignment. Assignment ofa debtor's property
for the benefit ofall the assignor's creditors, instead of
only a few. -Also termed voluntary assignment. See
ASSIGNMENT FOR THE BENEFIT OF CREDITORS. [Cases:
Debtor and Creditor 1.]
gratuitous assignment. An assignment not given for
value; esp., an assignment given or taken as security
for -or in total or partial satisfaction of - a preex
isting obligation. [Cases: Assignments C:::::>54.]
mesne assignment (meen). A middle or intermediate
assignment; any assignment before the last one. assignment for the benefit of creditors
naked assignment. See assignment-in-gross.
partial assignment. The immediate transfer ofpart but
not all of the assignor's right. [Cases: Assignments
C:::::> 30.]
preferential assignment. See PREFERENTIAL TRANS
FER.
total assignment. An assignment empowering the
assignee to enforce the entire right for the benefit of
the assignor or others. Examples are assignment to
secure an obligation and assignment to a trustee.
voluntary assignment. See general assignment.
wage assignment. An aSSignment by an employee of
a portion ofthe employee's pay to another (such as a
creditor). [Cases: Assignments (;::;:J 11.1.]
3. The instrument of transfer <the assignment was
appended to the contract>. [Cases: Assignments (;:::>31.]
4. A welfare recipient's surrender ofhis or her rights to
child support (both current and past due) in favor ofthe
state as a condition ofreceiving governmental financial
assistance <the assignment made economic sense to her
because her child support amounted to $200 a month,
while she received $400 a month in welfare>. 5. A task,
job, or appointment <the student's math assignment>
<assignment as ambassador to a foreign country>. 6.
The act of assigning a task, job, or appointment <the
assignment ofvarious duties>.
assignment ofthe floor. Parliamentary law. The process
by which the chair recognizes who is entitled to
speak.
7. In litigation practice, a point that a litigant advances
<the third assignment oferror>.
new assignment. Hist. A plaintiff's restatement of a
claim because the first complaint did not contain suf
ficient details . The purpose was to allow a plain
tiff to reply to a defendant's responsive plea that did
not address the plaintiff's specific claim because the
complaint was too general. New aSSignment has been
replaced by amended pleadings. -Also termed novel
assignment.
"A new assignment is a restatement in the replication of
the plaintiff's cause of action. Where the declaration in
an action is ambiguous and the defendant pleads facts
which are literally an answer to it, but not to the real claim
set up by the plaintiff, the plaintiff's course is to reply by
way of new assignment; that is, to allege that he brought
his action, not for the cause supposed by the defendant,
but for some other cause, to which the plea has no appli
cation." Benjamin j. Shipman, Handbook of Common Law
Pleading  214, at 370 (Henry Winthrop Ballantine ed., 3d
ed.1923).
assignment clause. Oil &gas. See CHANGE-OF-OWNER
SHIP CLAUSE.
Assignment Division. 'The section of the U.S. Patent
and Trademark Office that is responsible for record
ing assignments and other documents affecting title
to patent and trademark applications, patents, and reg
istrations.
assignment for the benefit ofcreditors. (18c) Assign
ment of a debtor's property to another person in trust

138 assignment of dower
so as to consolidate and liquidate the debtor's assets for
payment to creditors, any surplus being returned to the
debtor. _This procedure serves as a state-law substitute
for federal bankruptcy proceedings. The debtor is not
discharged from unpaid debts by this procedure since
creditors