. See PROTEST (3).
Undersecretary ofCommerce for Intellectual Property.
See DIRECTOR OF THE UNITED STATES PATENT AND
TRADEMARK OFFICE.
undersheriff. See deputy sheriff under SHERIFF.
undersigned, n. (17c) A person whose name is signed at
the end of a document <the underSigned agrees to the
terms and conditions set forth above>.
under-65 trust. See TRUST.
understand, vb. To apprehend the meaning of; to
know <the testator did not understand what he was
signing>.
understanding, n. (bef. 12c) 1. lhe process of compre
. hending; the act of a person who understands some
thing. 2. One's personal interpretation of an event or
occurrence. 3. An agreement, esp. ofan implied or tacit
nature.
under submission. (ISc) Being considered by the court;
under advisement <the case was under submission in
the court of appeals for more than two years>.
undertake, vb. (13c) l. To take on an obligation or task
<he has undertaken to chair the committee on legal aid
for the homeless>. 2. To give a formal promise; guar
antee <the merchant undertook that the goods were
waterproof>. 3. To act as surety for (another); to make
oneself responsible for (a person, fact, or the like) <her
husband undertook her appearance in court>. [Cases:
Undertakings
undertaking, n. (l4c) 1. A promise, pledge, or engage
ment. [Cases: Undertakings (::::0 1.] 2. A bail bond.
[Cases: Bail
undertenant. See SUBLESSEE.
under the influence. (1879) (Of a driver, pilot, etc.)
deprived of clearness of mind and self-control because underwriting spread
of drugs or alcohol. See DRIVING UNDER THE INFLU
ENCE. lCases: Automobiles (::::0332.]
Undertreasurer ofEngland. Hist. An officer immedi
ately subordinate to the Lord High Treasurer.
undertutor. See TUTOR.
underwriter. 1. INSURER. 2. One who buys stock from the
issuer with an intent to resell it to the public; a person or
entity, esp. an investment banker, who guarantees the
sale of newly issued securities by purchasing all or part
ofthe shares for resale to the public. [Cases: Securities
Regulation 1.18,60.31.]
"The term 'underwriter' derives its meaning from former
British insurance practices. When insuring their cargo
shippers would seek out investors to insure their property.
The insurers would add their signatures and would write
their names under those of the shipper; hence the term
'underwriters.' Both in terms of the insurance industry and
the securities markets, the concept of underwriting has
expanded significantly since its inception." Thomas Lee
Hazen. The Law of Securities Regulation  2.1. at 57 (2d
ed. 1994).
chartered life underwriter. An underwriter who has
satisfied the requirements set forth by The American
College (formerly The American College of Life
Underwriters) to be designated a life insurance under
writer. Abbr. CLU.
insurance underwriter. l. INSURER. Also termed
writer. 2. An insurance-company employee who is
responsible for determining whether to issue a policy
and the amount to charge for the coverage prOVided.
[Cases: Insurance~) 1515.]
underwriting, II. 1. lhe act ofassuming a risk by insuring
it; the insurance of life or property. See INSURANCE.
[Cases: Insurance 1515.] 2. The act of agreeing to
buy all or part ofa new issue ofsecurities to be offered
for public sale. [Cases: Securities Regulation C':::> 11.18,
60.31.] -underwrite, vb.
best-efforts underwriting. Underwriting in which an
investment banker agrees to direct, but not guaran
tee, the public sale of the issuer's securities . 'The
underwriter, or underwriting group, sells the securi
ties as agent for the issuer, and unsold securities are
never issued.
firm-commitment underwriting. Underwriting in
which the underwriter agrees to buy and sell all the
shares to be issued and assumes full financial respon
sibility for any unsold securities . The underwriter,
or underwriting group, buys the securities from the
issuer and resells them as principal. In this type of
underwriting, securities that are not sold to the public
are owned by the underwriter, and the issuer is paid
for those securities as well as the others.
standby underwriting. Underwriting in which
the underwriter agrees, for a fee, to buy from the
issuer any unsold shares remaining after the public
offering. Also termed strict underwriting.
underwriting agreement. See AGREEMENT.
underwriting spread. See SPREAD (4).

1666 undesirable discharge
undesirable discharge. See DISCHARGE (8).
unde vi (an-dee VI). [Latin] Roman law. A praetorian
interdict allowing one who was violently dispossessed
of a thing to recover it.
undigested offering. See OFFERING.
undisclosed agency. See AGENCY (1).
undisclosed principal. See PRINCIPAL (1).
undisputed, adj. Not questioned or challenged; uncon
tested.
undisputed fact. See FACT.
undistributed-earnings tax. See accumulated-earnings
tax under TAX.
undistributed profit. See retained earnings under
EARNINGS.
undivided interest. See INTEREST (2).
undivided profit. See accumulated profit under PROFIT
( 1).
undivided right. See undivided interest under INTEREST
(2).
undivided title. See undivided interest under INTEREST
(2).
undocumented alien. See illegal alien under ALIEN.
undue, adj. (14c) 1. Archaic. Not yet owed; not currently
payable <an undue debt>. 2. Excessive or unwarranted
<undue burden> <undue influence>. unduly, adv.
undue-breadth rejection. See REJECTION.
undue burden, n. See BURDEN.
undue-burden test. (1992) Constitutional law. The
Supreme Court test stating that a law regulating
abortion will be struck down if it places a substantial
obstacle in the path of a woman's right to obtain an
abortion. This test replaced the "trimester analysis"
set forth in Roe v. Wade, in which the state's ability
to restrict abortion increased after each trimester of
pregnancy. Planned Parenthood of Southeastern Pa.
v. Casey, 505 U.S. 833, 112 S.Ct. 2791 (1992). [Cases:
Abortion and Birth Control C='104.]
undue experimentation. Patents. An unreason
able amount of research and testing that would be
required for a person skilled in the appropriate art to
make and work an invention from the specification
in the patent application . If undue experimentation
would be required, the application fails the embodi
ment requirement 01'35 USCA  112. See WANDS TEST.
[Cases: Patents (::::::>99.]
undue hardship. See HARDSHIP.
undue influence. (18c) 1. The improper use of power or
trust in a way that deprives a person of free will and
substitutes another's objective . Consent to a contract,
transaction, or relationship or to conduct is voidable if
the consent is obtained through undue influence.
Also termed implied coercion; moral coercion. [Cases:
Contracts (;:::::-96.]
"Undue influence is unfair persuasion of a party who
is under the domination of the person exercising the persuasion or who by virtue of the relation between
them is justified in assuming that the person will not act
in a manner inconsistent with his welfare." Restatement
(Second) of Contracts  177(1) (1979).
"When at the turn of the twentieth century, the common
law doctrine of duress was expanded to provide relief for
coercion irrespective of the means of coercion, much of the
work of undue influence became unnecessary, The doctrine
has a much more specialized role today, although often
enough the precedents decided when the more general
doctrine prevailed are cited and quoted to the general
confusion of the profession. Today the gist of the doctrine
is unfair persuasion rather than coercion. Euphoria rather
than fear is often, but certainly not always, the state of
mind of the party unduly influenced." John D. Calamari &
Joseph M. Perillo. The Law of Contracts  9-9, at 351-52
(3d ed. 1987).
2. Wills & estates. Coercion that destroys a testator's
free will and substitutes another's objectives in its place .
 When a beneficiary actively procures the execution of
a will, a presumption of undue influence may be raised,
based on the confidential relationship between the
influencer and the person influenced. -Also termed
improper influence; (formerly, in both senses) sugges
tion. See COERCION; DURESS. [Cases: Wills (~154.]
undue multiplicity of claims. See AGGREGATION OF
CLAIMS.
undue-multiplicity-of-claims rejection. See REJEC
TION.
undue prejudice. See PREJUDICE.
unduly dangerous conduct. See unreasonably dangerous
conduct under CONDUCT.
undutiful will. See unnatural will under WILL.
unearned income. See INCOME.
unearned increment. See INCREMENT.
unearned interest. See INTEREST (3).
unearned premium. See PREMIUM (1).
unearned-premium reserve. See RESERVE.
unearned surplus. See SURPLVS.
unemployment. The state or condition of not haVing a
job even though available for work and perhaps seeking
it.
structural unemployment. Unemployment resulting
from a shift in the demand for a particular product
or service.
unemployment compensation. See unemployment
insurance under INSURANCE; COMPENSATION.
unemployment insurance. See INSURANCE.
unemployment tax. See TAX.
unenacted law. See LAW.
unencumbered (an-in-k;lm-bard), adj. Without any
burdens or impediments <unencumbered title to
property>.
unenforceable, ad). (1804) (Of a contract) valid but inca
pable of being enforced. Cf. VOID; VOIDABLE. [Cases:
Contracts (;:::::-138(1).]
unenforceable contract. See CONTRACT.

1667
UNEP. abbr. UNITED NATIONS ENVIRONMENT PRO
GRAMME.
unequal, adj. (16c) Not equal in some respect; uneven
<unequal treatment under the law>.
unequivocal (an-i-kwiv-a-kal), adj. (18c) Unambiguous;
clear; free from uncertainty.
unerring (;m-ar-ing also an-er-ing), adj. Incapable of
error; infallible.
UNESCO. abbr. UNITED NATIONS EDUCATIONAL, SCIEN
TIFIC, AND CULTURAL ORGANIZATION.
unessential mistake. See MISTAKE.
unethical, adj. (1871) Not in conformity with moral
norms or standards of professional conduct. See LEGAL
ETHICS.
unexpected, adj. Happening without warning; not
expected.
unexpired term. See TERM (4).
unfair competition. (1876) 1. Dishonest or fraudulent
rivalry in trade and commerce; esp., the practice of
endeavoring to pass off one's own goods or products in
the market for those of another by means of imitating
or counterfeiting the name, brand, size, shape, or other
disti nctive characteristic of the article or its packaging.
[Cases: Antitrust and Trade Regulation C=:40.] 2. The
body oflaw encompassing various business and privacy
torts, all generally based on deceitful trade practices,
including passing off, false advertiSing, commercial
disparagement, and misappropriation.
"The legal doctrine of unfair competition is a development
of the fundamental idea that dealings based on deceit are
legally wrong." Harry D. Nims, The Law ofUnfair Competi
tion and Trade-Marks 6 (1929).
unfair hearing. See HEARING.
unfair labor practice. Any conduct prohibited by state
. or federal law governing the relations among employ
ers, employees, and labor organizations. -Examples
of unfair labor practices by an employer include (1)
interfering with protected employee rights, such as the
right to self-organization, (2) discriminating against
employees for union-related activities, (3) retaliat
ing against employees who have invoked their rights,
and (4) refUSing to engage in collective bargaining.
Examples of unfair labor practices by a labor organi
zation include causing an employer to discriminate
against an employee, engaging in an illegal strike or
boycott, causing an employer to pay for work not to be
performed (Le., featherbedding), and refusing to engage
in collective bargaining. 29 USCA  151-169. [Cases:
Labor and Employment C=-.-O 1427-1504.]
unfair persuasion. (1931) Contracts. A type of undue
influence in which a stronger party achieves a result by
means that seriously impair the weaker party's free and
competent exercise of judgment. -Unfair persuasion is
a lesser form of undue influence than duress and mis
representation. The two primary factors to be consid
ered are the unavailability of independent advice and unico contextu
the susceptibility of the person persuaded. See UNDUE
INFLUENCE (1). [Cases: Contracts e=-~96.]
unfair surprise. (1815) A situation in which


1). [Cases: Contracts e=-~96.]
unfair surprise. (1815) A situation in which a party,
having had no notice of some action or proffered
evidence, is unprepared to answer or refute it.
unfair trade. An inequitable business practice; esp., the
act or an instance of a competitor's repeating ofwords
in a way that conveys a misrepresentation that mate
rially injures the person who first used the words, by
appropriating credit of some kind earned by the first
user. [Cases: Antitrust and Trade Regulation C=:25.]
Unfair Trade Practices and Consumer Protection
Law. A model statute patterned on the Federal Trade
Commission Act and proposed by the FTC in 1967
for adoption by the states; a state law providing con
sumer-protection remedies, including private causes of
action, for deceptive trade practices and false advertis
ing. _ The Act gives the state attorney general power
to regulate unfair and deceptive trade practices. It also
gives consumers a right to sue offenders directly.
Abbr. UTPCPL. -Also termed Little FTC Acts. [Cases:
Antitrust and Trade Regulation C:::> 126.]
unfinished business. See BUSINESS.
unfinished business and general orders. See BUSINESS.
unfit, adj. (16c) 1. Unsuitable; not adapted or qualified
for a particular use or service <the buyer returned the
unfit goods to the seller and asked for a refund>. [Cases:
Contracts C=:312(5); Sales C=>284(1).] 2. Family law.
Morally unqualified; incompetent <the judge found the
mother unfit and so found that awarding custody of
the child to the father was in the child's best interests>.
[Cases: Child Custody C=-.~32; Infants C=:154.1-159.]
unfitness of a parent. Family law. A parent's failure to
exhibit a reasonable concern for, interest in, or respon
sibility for a child's welfare. _ Regardless of the specific
ground for an allegation ofunfitness, a court considers
the parent's actions and the circumstances surround
ing the conduct in deciding whether unfitness has been
demonstrated. [Cases: Child Custody Infants
C=:154.1-159.]
unforeseen, adj. Not foreseen; not expected <unforeseen
circumstances>.
unfriendly suitor. See CORPORATE RAIDER.
unfriendly takeover. See hostile takeover under
TAKEOVER.
unfunded deferred -compensation plan. See EM PLOYEE
BENEFIT PLAN.
unhandsome dealing. Archaic. See SHARP PRACTICE.
unharmed, adj. Not injured or damaged.
unica taxatio (yoo-na-k<l tak-say-shee-oh). [Law Latin
"a single taxation"] Rist. The practice ofhaving the jury
assess damages against a defaulting defendant as well
as a defendant who contests the case.
unico contextu (yoo-ni-koh k<ln-teks-t[yJoo). [Law Latin]
Rist. In one connection. _ The phrase appeared in ref

1668 unifactoral obligation
erence to that which was accomplished by the same act
or by different acts performed at the same time.
"When there are more parties than one to a deed, it is not
essential to the validity of its execution that they should
subscribe unico contextu i.e., it is not necessary for them
to subscribe at the same time and place. But where (as was
formerly required) two notaries subscribed for a person
who could not write, it was necessary that they should
subscribe unico contextu at the same time and place, and
before the same witnesses." John Trayner, Trayner's Latin
Maxims 611 (4th ed. 1894).
unifactoral obligation. See OBLIGATION.
unified bar. See integrated bar under BAR.
unified credit. See unified estate-and-gift tax credit
under TAX CREDIT.
unified estate-and-gift tax. See unified transfer tax
under TAX.
unified estate-and-gift tax credit. See TAX CREDIT.
unified family court. See COURT.
unified transfer tax. See TAX.
uniform, adj. Characterized by a lack ofvariation; iden
tical or consistent.
uniform act. 1. A law drafted with the intention that
it will be adopted by all or most of the states; esp., a
uniform law. See UNIFORM LAW. Cf. MODEL ACT. 2. See
uniform statute under STATUTE. [Cases; Statutes
226.J
Uniform Adoption Act. A 1994 model statute aimed at
achieving uniformity in adoption laws . The current
version of the Act was promulgated in 1994 by the
National Conference of Commissioners on Uniform
State Laws. State adoption has been largely unsuccess
ful. Earlier versions, in 1953 and 1971, were amended
many times but were enacted in only a few states. -
Abbr. UAA. [Cases: Adoption (::::)1-25.]
Uniform Anatomical Gift Act. A 1968 model statute
that created protocols that govern the giving and receiv
ing of anatomical gifts . Under the Act, persons may
donate their body or parts of their body for purposes
oftransplantation, therapy, research, or education. The
original Act has been adopted in some form in all 50
states and the District of Columbia. It was revised in
1987, and the revised version has been adopted in some
form in at least 22 states. Abbr. UAGA. [Cases: Dead
Bodies
Uniform Child Custody Jurisdiction Act. A 1968 model
statute that sets out a standard (based on the child's
residence in and connections with the state) by which a
state court determines whether it has jurisdiction over
a particular child-custody matter or whether it must
recognize a custody decree issued by another state's
court. _ The Uniform Child Custody Jurisdiction Act
was replaced in 1997 by the Uniform Child Custody
Jurisdiction and Enforcement Act. -Abbr. UCCJA.
See HOME STATE. Cf. PARENTAL KIDNAPPING PREVEN
TION ACT; UNIFORM CHILD CUSTODY JURISDICTION
AND ENFORCEMENT ACT. [Cases: Child Custody (;::;;,
730-753.J Uniform Child Custody Jurisdiction and Enforce
ment Act. A 1997 model statute that provides uniform
methods ofexpedited interstate custody and visitation
orders. This Act was promulgated as a successor to the
Uniform Child Custody Jurisdiction Act. The UCCJEA
brings the Uniform Child Custody Jurisdiction Act
into conformity with the Parental Kidnapping Preven
tion Act and the Violence Against Women Act. The
Act revises child-custody jurisdiction, giving clearer
standards for original jurisdiction and a standard
for continuing jurisdiction. The Act also provides a
remedial process for enforcing interstate child custody
and visitation. -Abbr. UCCJEA. Cf. UNIFORM CHILD
CUSTODY JURISDICTION ACT. [Cases: Child CustodyC::::c
730-753.]
Uniform Code ofMilitary Justice. 1. CODE OF MILITARY
JUSTICE. 2. A model code promulgated by the National
Conference ofCommissioners on Uniform State Laws
to govern state military forces when not in federal
service. 11 D.L.A. 335 et seq. (1974). -Abbr. UCMJ.
[Cases: Military Justice (;:::502.]
Uniform Commercial Code. A uniform law that governs
commercial transactions, including sales of goods,
secured transactions, and negotiable instruments .
The Code has been adopted in some form by every state
and the District of Columbia. Abbe, VCe. [Cases:
Bills and Notes \.>2; Sales Secured Transac
tions
Uniform Computer Information Transactions Act.
A model law that regulates software licenSing and
computer-information transactions . The act draws
upon contract law and the Uniform Commercial
Code to create a regulatory scheme for licensing,
rather than sales or lease, transactions. Among other
things, UCITA applies to contracts for the licensing or
purchase of software, contracts for software develop
ment, and contracts for access to databases through the
Internet. It does not cover goods or services contracts
within the scope of the UCe. -Abbr. UCIT A.
Uniform Consumer Credit Code. A uniform law
designed to simplify and modernize the consumer
credit and usury laws, to improve consumer under
standing ofthe terms ofcredit transactions, to protect
consumers against unfair practices, and the like.
This Code has been adopted by only a few states. -
Abbr. UCCC; U3e. -Also termed Consumer Credit
Code. See CONSUMER CREDIT PROTECTION ACT. [Cases:
Consumer Credit (;::;;, 1.]
Uniform Controlled Substances Act. A uniform act,
adopted by many states and the federal government,
governing the sale, use, and distribution of drugs. 21
USCA  801 et seq. [Cases: Controlled Substances
4,20.J
Uniform Crime Reports. A series of annual crimino
logieal studies (each entitled Crime in the United States)
prepared by the FBI.  The reports include data on eight
index offenses, statistics on arrests, and information on
offenders, crime rates, and the like. -Abbr. UCR.

1669
Uniform Customs and Practice for Commercial Docu
meutary Credits. A publication of the International
Chamber of Commerce that codifies widespread
customs of bankers and merchants relating to the
mechanics and operation ofletters ofcredit.  Courts
use this publication to supplement and help interpret
primary sources of credit law, such as UCC Article 5. -
Abbr. UCP. [Cases: Banks and Banking C='191.]
Uniform Deceptive Trade Practices Act. A 1964 model
state statute that codified many common-law intellec
tual-property torts, such as trademark infringement,
passing off, trade disparagement, and false advertis
ing, and that provided additional consumer protec
tion against other forms of commercial deception .
The Act provides a laundry list ofprohibited practices,
all involving misrepresentation. -Abbr. UDTPA. See
BABY FTC ACT. [Cases: Consumer Protection G-..c6.]
[Cases: Antitrust and Trade Regulation (>,;;, 126.]
Uniform Determination of Death Act. A 1978 model
statute that provides a comprehensive basis for deter
mining death. This is a technical act that merely
defines death clinically and does not deal with suicide,
assisted suicide, or the right to die. lhe Act was revised
in 1980. It has been adopted in almost all states. [Cases:
Death l.]
Uniform Disposition of Community Property at
Death Act. A 197] model statute designed for non
community-property states to preserve the rights of
each spouse in property that was community property
before the spouses moved to non-community-property
states, unless they have severed or altered their com
munity-property rights.
Uniform Division of Income for Tax Purposes Act.
A unitorm law, adopted by some states, that provides
criteria to assist in assigning the total taxable income
ofa multistate corporation among the various states.
Abbr. UDITPA. [Cases: Taxation C::::'3477.]
Uniform Divorce Recognition Act. A 1947 model code
adopted by some states regarding full-faith-and-credit
issues that arise in divorces. -Abbr. UDRA. [Cases:
Divorce C::::'351.]
Uniform Durable Power of Attorney Act. A 1979
model statute that provides a simple way for a person
to deal with his or her property by proViding a power
ofattorney that will survive after the incompetence of
the principal.  The Act was revised in 1987 and has
been adopted in almost every state. [Cases: Principal
and Agent ~42.]
Uniformed Services Former Spouses' Protection Act. A
federal statute that governs the disposition of military
pension benefits to former spouses of persons in the
armed services. 10 USCA  1401 et seq. The Act
permits state courts to treat military-retirement pay
as marital property and to order payment ofup to 50%
of the retirement pay directly to the tormer spouse if
the spouses were married for at least ten years while
the employee served in the military. Abbr. USFSPA.
[Cases: Divorce (:::::)252.3(4).] Uniform Interstate Juvenile Compact
Uniform Electronic Transactions Act. A 1999 model
law designed to support electronic commerce by pro
viding means for legally recognizing and retaining
electronic records, establishing how parties can bind
themselves in an electronic transaction, and provid
ing for the use of electronic records by governmental
agencies. VETA covers electronic records and digital
signatures but applies only if all parties agree to do
business electronically. -Abbr. UETA.
Uniform Enforcement of Foreign Judgments Act.
A uniform state law giving the holder of a foreign
judgment the right to levy and execute as if it were a
domestic judgment. [Cases: Judgment C=814-830.]
Uniform Fraudulent Conveyances Act. A model
act adopted in 1918 to deal with issues arising from
fraudulent conveyances by insolvent persons . This
act differentiated between conduct that was presumed
fraudulent and conduct that required an actual intent
to commit fraud. -Abbr. UFCA. [Cases: Fraudulent
Conveyances ~2.1
Uniform Fraudulent Transfer Act. A model act deSigned
to bring unitormity among the states regarding the
definition of, and penalties for, fraudulent transfers.
 This act was adopted in 1984 to replace the Uniform
Fraudulent Conveyances Act. -Abbr. UFTA. [Cases:
Fraudulent Conveyances C::::'2.]


Act. -Abbr. UFTA. [Cases:
Fraudulent Conveyances C::::'2.]
Uniform Gifts to Minors Act. See UNIFORM TRANSFERS
TO MINORS ACT. -Abbr. UGMA.
Uniform Health-Care Decisions Act. A 1993 model
statute that facilitates and encourages adults to make
advance directives. Abbr. UHCDA. See ADVANCE
DIRECTIVE; LIVING WILL. [Cases: Health (>~912.1
Uniform Interstate Family Support Act. A 1992 model
statute establishing a one-order system by which an
alimony or child-support decree issued by one state
can be enforced against a former spouse who resides in
another state . This statute has been adopted in every
state and is the basis ofjurisdiction in child -support
suits. The purpose of the Act is to make the pursuit of
interstate child support and paternity more effective,
consistent, and efficient by requiring all states to recog
nize and enforce consistently support orders issued in
other states. Before its enactment, there was consider
able disparity among the states in the way they handled
interstate child-support proceedings, since each state
had differing versions of the earlier uniform law, the
Uniform Reciprocal Enforcement of Support Act. The
Act was revised in 1996 and again in 2001. Abbr.
UIFSA. [Cases: Child Support (>;'500-510.J
Uniform Interstate Juvenile Compact. An agreement
that regulates the treatment ofjuveniles who are not
under proper supervision or control, or who have
run away or escaped, and who are likely to endanger
their own or others' health, morals, or welfare. The
Compact is relied on by the state to transport juvenile
runaways back to their home states. It has now been
universally adopted in the United States, but not always
in its entirety. Abbr. UIJC.

1670 Uniformity Clause
Uniformity Clause. (1881) lhe clause of the U.S. Consti
tution requiring the uniform collection offederal taxes.
U.S. Const. art. I,  8, d. 1. [Cases: Internal Revenue
(:::J3022.]
Uniform Juvenile Court Act. A 1968 model statute
designed to (1) provide for the care, protection, and
moral, mental, and physical development of the
children who come under its provisions, (2) provide
juvenile delinquents with treatment, training, and
rehabilitation rather than criminal punishment, (3)
attempt to keep families together unless separation
of parents and children is necessary for the children's
welfare or is in the public interest, (4) provide a judicial
procedure for a fair hearing and protection ofjuvenile
delinquents' constitutional and other legal rights, and
(5) provide simple interstate procedures to carry out
cooperative measures among the juvenile courts of
different states. -Abbr. U]CA. [Cases: Infants (:::J
131-254.]
uniform law. An unofficial law proposed as legislation
for all the states to adopt exactly as written, the purpose
being to promote greater consistency among the states.
-All the uniform laws are promulgated by the National
Conference of Commissioners on Uniform State Laws.
For a complete collection, see Uniform Laws Annotated.
See uniform statute under STATUTE. Cf. MODEL ACT.
[Cases: Statutes (:::J226.]
Uniform Law Commissioners. See NATIONAL CONFER
ENCE OF COMMISSIONERS ON UNIFORM STATE LAWS.
Uniform Limited Partnership Act. A model law promul
gated in 1916 for adoption by state legislatures to govern
the relationship between the partners of a limited part
nership. _ At one time it was adopted in all states except
Louisiana. The National Conference of Commission
ers on Uniform State Laws promulgated the Revised
Uniform Limited Partnership Act (RULPA) in 1976,
and made substantial amendments to it in 1985. The
amended RULPA has been adopted by most states.
Abbe. ULPA. [Cases; Partnership (:::J351.]
Uniform Mandatory Disposition of Detainers Act. A
1958 model statute requiring a state to timely dispose
of any untried charges against a prisoner in that state,
on the prisoner's written request.  The Act has been
adopted by several states. See INTERSTATE AGREEMENT
ON DETAINERS ACT. [Cases: Extradition and Detainers
C='51.]
Uniform Marriage and Divorce Act. A 1970 model
statute that defines marriage and divorce . Exten
sively amended in 1973, the Act was an attempt by the
National Conference of Commissioners on Uniform
State Laws to make marriage and divorce laws more
uniform. The Act's greatest significance is that it intro
duced, as the sole ground for divorce, irreconcilable
differences. Although the UMDA has been enacted in
part in only a handful ofstates, it has had an enormous
impact on marriage and divorce laws in all states.
Abbr. UMDA. Also termed Model Marriage and
Divorce Act. See IRRECONCILABLE DIFFERENCES. Uniform Parentage Act. A 1973 model statute that
provides a means for determining parenthood for the
general welfare of the child and for assigning child
support.  The Act abolishes distinctions between
legitimate and illegitimate status for children. Instead,
it directs courts to determine rights and responsibilities
based on the existence of a parent-child relationship.
The Act has been adopted in all states. The Act was
revised in 2000 and amended in 2002. Among other
changes, the revisions provided frameworks for estab
lishing the parentage (esp. paternity) of children born
to married or unmarried couples, and set standards
and rules tor genetic testing. A minority ofstates have
enacted a version of the revised Act. [Cases: Children
Out-of-Wedlock C=> 31.]
Uniform Partnership Act. A 1914 model statute
intended to bring uniformity to state laws govern
ing general and limited partnerships . The Act was
adopted by almost all the states, but has been super
seded in several ofthem by the Revised Uniform Part
nership Act (1994). Abbr. UPA. [Cases: Partnership
C-=351.]lCases: Partnership C=1,351.]
Uniform Premarital Agreement Act. A 1983 model
statute that governs the drafting of prenuptial contracts
and provides a more certain framework for drafting
complete and enforceable agreements . Under the
UPAA, a premarital agreement must be in writing
and Signed by the parties. It becomes effective only
upon marriage. The agreement may govern the parties'
assets, support, and obligations during the marriage, at
death, and upon divorce. 'lbe UPAA has been adopted
in some form in about one-third of the states. Abbr.
UPAA. [Cases: Husband and Wife C=29.}
Uniform Principal and Income Act. A uniform code
adopted by some states governing allocation of prin
cipal and income in trusts and estates. [Cases; Execu
tors and Administrators C=502; Trusts (:::J272; Wills
(:::J684.]
Uniform Probate Code. A 1969 model statute that mod
ernizes the rules and doctrines governing intestate suc
cession, probate, and the administration of estates. -It
has been extensively amended many times since 1969
and has been enacted in a majority of states. -Abbr.
UPC. [Cases; Wills 204.]
Uniform Prudent Investor Act. A 1994 model statute
that sets a standard for the acts of a trustee, adopts
a prudent-investor standard, and prefers a modern
portfolio approach to investing . Under the Uniform
Prudent Investor Act, the trustee is given Significant
power to delegate the selection of investments. The
prudent-investor standard replaces the prudent-person
standard ofinvesting. The portfolio approach provides
that no investment will be viewed in isolation; rather,
it will be viewed as part of the entire portfolio. Under
this theory, even though an investor loses trust assets
on an investment, ifthere is an overall positive return,
the investor will not be liable to the beneficiaries.
Abbr. UPIA. See PRUDENT-INVESTOR RULE.

1671
Uniform Putative and Unknown Fathers Act. A 1988
model statute aimed at codifying Supreme Court deci
sions on the rights of an unwed father in relation to
his child . The Act deals primarily with an unwed
father's right to notice of a termination and adoption
proceeding, to adjudication of paternity, to visitation,
and to custody. -Abbr. UPUFA. -Also termed Model
Putative Fathers Act; Putative Fathers Act.
Uniform Reciprocal Enforcement of Support Act. A
1950 model statute (now superseded) that sought to
unify the way in which interstate support matters were
processed and the way in which one jurisdiction's orders
were given full faith and credit in another jurisdiction.
 This Act, which was amended in 1958 and 1960, was
replaced in 1997 with the Uniform Interstate Family
Support Act. Abbr. URESA. See U:-IIFORM INTER
STATE FAMILY SUPPORT ACT. [Cases: Child Support
500-510.]
Uniform Simultaneous Death Act. A 1940 model statute
creating a rule that a person must survive a decedent
by at least 120 hours in order to avoid disputes caused
by simultaneous deaths (as in a common disaster) or
by quickly successive deaths ofpersons between whom
property or death benefits pass on the death of one
survived by the other.  In the absence of the l20-hour
period of survival, each person is presumed to have
survived the other for purposes of distributing their
respective estates. The Act was revised in 1993 and has
been adopted in some form by almost every state. See
COMMORIENTES. [Cases: Death 6.]
Uniform Status of Children ofAssisted Conception
Act. A 1988 model statute aimed at ensuring certainty
of legal parentage when assisted conception has been
used. The adopting state has the option ofregulating
or prohibiting contracts with surrogate mothers.
uniform statute. See STATUTE.
Uniform Trade Secrets Act. A 1979 model statute,
. enacted by most states, defining trade secret differ
ently from the common law by being at once broader
(because there is no continuous-use requirement) and
narrower (because information "readily ascertainable
by proper means" cannot qualify) . The Act has three
elements: (1) the information must qualify as a trade
secret; (2) it must be misappropriated, either through
wrongful means or by breaching a duty of confiden
tiality; and (3) the owner must have taken reasonable
precautions to keep the information secret. -Abbr.
UTSA. -Also termed Uniform Trade Secrets Protec
tion Act. [Cases: Antitrust and Trade Regulation
411.]
Uniform Transfers to Minors Act. A 1983 model statute
providing for the transfer of property to a minor and
permitting a custodian who acts in a fiduciary capacity
to manage investments and apply the income from the
property to the minor's support.  The Act has been
adopted in most states. It was revised in 1986. Abbr.
UTMA. Also termed Transfers to Minors Act.
Formerly also termed Uniform Gifts to Minors Act; Gifts
to ldinors Act. [Cases: Infants C:-::~28.J union
unify, vb. To cause to become one; to form into a Single
unit.
unigeniture (yoo-nCl-jen-<1-chClr). Archaic. The fact of
being an only child.
unilateral (yoo-nCl-lat-<1r-ClI), adj. (1802) One-sided;
relating to only one of two or more persons or things
<unilateral mistake>.
unilateral act. See ACT (2).
unilateral advance pricing agreement. See ADVANCE
PRICING AGREEMENT.
unilateral contract. See CONTRACT.
unilateral mistake. See MISTAKE
unimproved land. See LAND.
unincorporated association. See ASSOCIATION (3).
unindicted coconspirator. See COCONSPIRATOR.
unindicted conspirator. See unindicted coconspirator
under COCONSPIRATOR.
uninstructed delegate. See DELEGATE.
uninsured-motorist coverage. Insurance that pays for
the insured's injuries and losses negligently caused by
a driver who has no liability insurance. Cf. UNDER IN
SORED-MOTORIST COVERAGE. [Cases: Insurance
2772.]
unintelligible vote. See VOTE (1).
unintentional act. See ACT (2).
unintentional murder. See MURDER.
uninterrupted-adverse-use principle. See CONTINUOUS
ADVERSE-USE PRINCIPLE.
unio (yoo-nee-oh). Eccles. law. A consolidation of two
churches into one.
union, n. An organization formed to negotiate with
employers, on behalf of workers collectively, about
job-related issues such as salary, benefits, hours, and
working conditions . Unions generally represent
skilled workers in trades and crafts. Also termed
labor union; labor organization; organization. See
TRADE COUNCIL. [Cases: Labor and Employment
998.] unionize, vb. unionist, n.
closed union. A union with restrictive membership
requirements, such as high dues and long apprentice
ship periods. Cf. closed shop under SHOP.
company union. 1. A union whose membership is
limited to the employees of a Single company. 2. A
union under company domination.
craft union. A union composed of workers in the
same trade or craft, such as carpentry or plumbing,
regardless ofthe industry in which they work. Also
termed horizontal union.
federal labor union. A


ing,
regardless ofthe industry in which they work. Also
termed horizontal union.
federal labor union. A local union directly chartered by
the AFL-CIO. See AMERICAN FEDERATION OF LABOR
AND CONGRESS OF INDUSTRIAL ORGANIZATIONS.
horizontal union. See craft union.

independent union. A union that is not affiliated with
a national or international union.
industrial union. A union composed ofworkers in the
same industry, such as shipbuilding or automobile
manufacturing, regardless of their particular trade
or craft. Also termed vertical union.
international union. A parent union with affiliates in
two or more countries.
local union. A union that serves as the local bargaining
unit for a national or international union.
multicraft union. A union composed ofworkers in dif
ferent industries.
national union. A parent union with locals in various
parts ofthe United States.
open union. A union with minimal membership
requirements. Cf. open shop under SHOP.
trade union. A union composed of workers of the same
or of several allied trades; a craft union.
vertical union. See industrial union.
union certification. A determination by the National
Labor Relations Board or a state agency that a particu
lar union qualifies as the bargaining representative for a
segment of a company's workers - a bargaining unit
because it has the support of a majority of the workers
in the unit. -Also termed certification ofbargaining
agent; certification oflabor union.
union contract. See COLLECTIVE-BARGAINING AGREE
MENT.
union givebacks. See CONCESSION BARGAINING.
Union Jack. The common name of the national flag of
the United Kingdom, combining the national flags of
England, Scotland, and Ireland . The Union Jack was
originally a small union flag flown from the jack-staff
at the bow of a vessel. It is different from the Royal
Standard, which bears the royal arms and is the Queen's
personal flag.
union-loss clause. See MORTGAGE-LOSS CLAUSE.
union mortgage clause. See standard mortgage clause
under MORTGAGE CLAUSE.
union rate. See RATE.
union-security clause. A provision in a union contract
intended to protect the union against employers,
nonunion employees, and competing unions. [Cases:
Labor and Employment 1264.]
union shop. See SHOP.
union steward. See STEWARD (2).
unique chattel. See CHATTEL.
unissued stock. See STOCK.
unit. The number of shares, often 100, in which a given
stock is normally traded.
unital (yoo-n;H;:JI), adj. (1860) Of or relating to legal
relations that exist between only two persons. Cf.
MULTITAL. 'The relations of the cestui que trust with the trustee are
in personam or 'unital,' and the same is true of a contract
beneficiary and the promisor ... :. William R. Anson, Prin
ciples of the Law ofContract 326 n.1 (Arthur L. Corbin ed.,
3d Am. ed. 1919).
unitary business (yoo-n;:J-ter-ee). Tax. A business that
has subsidiaries in other states or countries and that
calculates its state income tax by determining what
portion of a subsidiary's income is attributable to activ
ities within the state, and paying taxes on that percent
age. [Cases: Taxation ~3477.]
unitary state. See STATE.
unitary tax. See TAX.
unitas actus (yoo-nl-tas ak-t<ls). [Latin] Roman law.
Unity of action, esp. in the execution ofa will, which
must not be interrupted by any intervening act.
unitas juris (yoo-ni-tas joor-is). [Latin) Hist. Unity of
right.
unit cost. See COST (1).
unit depreciation method. See DEPRECIATION
METHOD.
unite, vb. 1. To combine or join to form a whole. 2. To
act in concert or in a common cause.
United Kingdom. A country in Europe comprising
England, Scotland, Wales, and Northern Ireland, but
not the Isle ofMan or the Channel Islands. Abbr.
UK
United Nations. An international organization estab
lished in 1945 to promote and ensure international
peace and security, to promote friendly relations
between nations, and to contribute in resolving inter
national problems related to economic, social, cultural,
and humanitarian conditions. Abbr. U.N. [Cases:
International Law Cr'"J 1O.45.J
United Nations Convention on the Rights ofthe Child.
An international instrument covering children's civil,
political, economic, social, and cultural rights. _ The
Convention was adopted by the United Nations General
Assembly on November 20, 1989. Only a few nations,
including the United States, have not ratified the con
vention. -Abbr. UNCRC. [Cases: Treaties C=>8.]
United Nations Educational, Scientific, and Cultural
Organization. The arm of the United Nations charged
with promoting the exchange ofeducational, scientific,
and cultural enterprises among nations . Its Copy
right Law Division administers the Universal Copy
right Convention. -Abbr. UNESCO.
United Nations Environment Programme. An organi
zation created in 1972 to encourage education in and
employment ofenvironmentally sound practices in all
nations. Abbr. UNEP.
United Nations Treaty on Principles Governing the
Activities of States in the Exploration and Use of
Outer Space. See OUTER SPACE TREATY.
United States. Abbr. U.S. See UNITED STATES OF
AMERICA.

1673
United States Agency for International Develop
ment. The independent federal agency that adminis
ters U.S. foreign-aid programs to give economic and
humanitarian assistance to developing nations . The
agency became independent by the Foreign Affairs and
Restructuring Act of1998, although its administrator is
under the direct authority and foreign-policy guidance
ofthe Secretary ofState. Abbr. AID; USAID.
United States Air Force. The aviation branch of the
United States armed forces, made up of the Regular
Air Force (standing air force), the Air Force Reserve,
and the Air National Guard. The United States Air
Force is under the authority ofthe U.S. Department of
the Air Force. Abbr. USAF. [Cases: Armed Services
~-:::=4.1
United States Air Force Academy. An institution of
higher learning in the United States Department of
the Air Force responsible for educating and training
commissioned officers for service in the United States
Air Force. Founded in 1954, the academy is located
near Colorado Springs, Colorado. -Abbr. USAFA.
Occasionally also termed (informally) the Colorado Air
Force School. [Cases: Armed Services C=:=> 16.]
United States Arbitration Act. See FEDERAL ARBITRA
TION ACT. -Abbr. USAA.
United States Army. Ihe land-combat and land-oper
ations branch of the United States armed forces.
This branch includes supporting air-and water-trans
port services such as the Army Air Corps. The Army
includes the Regular Army (the standing force), the
Army Reserve, and the Army National Guard when
in active federal service, as in time of war or other
national emergency. The United States Army is under
the authority of the U.S. Department of the Army.
Also termed landforces. -Abbr. USA. [Cases: Armed
Services 4.]
United States Attorney. A lawyer appointed by the Presi
dent to represent, under the direction ofthe Attorney
General, the federal government in civil and criminal
cases in a federal judicial district . One U.S. Attorney is
aSSigned to each ofthe federal judicial districts, except
for the Northern Mariana Islands and Guam. Abbr.
USA. Also termed United States District Attorney.
Cf. DISTRICT ATTORNEY. [Cases: District and Prosecut
ing Attorneys
Assistant United States Attorney. A lawyer appointed
by the Attorney General to act under the direction of
the United States Attorney and represent the federal
government in civil and criminal cases filed in federal
courts. -Abbr. AUSA. [Cases: District and Prosecut
ing Attorneys ('::::>6.]
Special Assistant to the United States Attorney. An
attorney appointed by the Attorney General for
a limited period to assist a United States Attorney
in specific cases. 28 USCA  543. -Abbr. SAUSA.
[Cases: District and Prosecuting Attorneys
United States Bankruptcy Court. See BANKRUPTCY
COURT. United States Copyright Office
United States Botanic Garden. An enclosed garden on
the U.S. Capitol grounds where plants are cultivated for
ceremonial use, public display, and research. Many
rare botanical specimens are available for study by
students and scientists at the Garden.
United States Claims Court. See UNITED STATES COI::RT
OF FEDERAL CLAIMS.
United Stales Coast Guard. A military service and
armed-forces branch that enforces the federal laws
applicable to waters subject to U.S. jurisdiction, admin
isters laws and promulgates regulations for the safety
of lives and property on waters under U.S. jurisdic
tion, carries out maritime rescue operations, performs
oceanographic research, and at times serves as a spe
cialized branch of the Navy. The Coast Guard was
established in 1915. 14 USCA  1. It has been part ofthe
U.S. Department ofthe Treasury and the U.S. Depart
ment of Transportation. Today it is part of the U.S.
Department ofHomeland Security during peacetime,
and the U.S. Department ofDefense during wartime. -
Abbr. USCG. [Cases: Armed Services C=:=>4.]
United States Coast Guard Academy. An institution of
higher learning responsible for educating and training
commissioned officers for service in the United States
Coast Guard. The academy began in 1876 as the
School of Instruction of the Revenue Cutter Service
near New Bedford, Massachusetts. In 1915, the academy
acquired its current name and, in 1932, moved to New
London, Connecticut Abbr. USCGA. [Cases: Armed
Services (;~-:> 16.]
United States Code. A multivolume published codifica
tion offederal statutory law. Abbr. U.S.c.; USc.
United States Code Annotated. A multivolume publi
cation ofthe complete text of the United States Code
with historical notes, cross-references, and casenotes
offederal and state decisions construing specific Code
sections. - Abbr. USCA.
United States Commissioner. See COMMISSIONER.
United States Commission on Civil Rights. The agency
that compiles information about discrimination based
on race, color, religion, sex, age, disability, or national
origin, and about the denial ofequal protection ofthe
laws in voting, education, employment, and housing.
 The agency makes findings and recommendations to
Congress but has no enforcement power. It was estab
lished by the Civil Rights Act of 1957. -Abbr. CCR.
United States Copyright Office. A branch ofthe Library
ofCongress that is responsible for implementing federal
copyright laws . In addition to processing applications
for copyrights, the U.S. Copyright Office stores depos
ited copyrighted materials and issues opinions (by
request) on questions ofcopyright protection. Materials
deposited with this agency are not automatically added
to the Library of Congress collection; a separate and
direct submission to the Library may be required. The
Office also administers various licensing provisions of
the statute, including collecting and distributing royal

ties. [Cases: Copyrights and Intellectual PropertyC-~
50.30.]
United States court. See federal court under COURT.
United States Court of Appeals. A federal appel
late court having jurisdiction to hear cases in one of
the 13 judicial circuits of the United States (the First
Circuit through the Eleventh Circuit, plus the District
of Columbia Circuit and the Federal Circuit). -Also
termed circuit court. [Cases: Federal Courts C=>521.]
United States Court ofAppeals for the Armed Forces.
The primary civilian appellate tribunal responsible
for reviewing court-martial convictions from all the
military services. 10 USCA  941-950. Formerly
also termed Court ofMilitary Appeals. [Cases: Military
Justice
United States Court ofAppeals for the Federal Circuit.
An intermediate-level appellate court with jurisdic
tion to hear appeals in patent cases, various actions
against the United States to recover damages, cases
from the US. Court of Federal Claims, the U.S. Court
ofInternational Trade, the U.S. Court of Appeals for
Veterans Claims, the Merit Systems Protection Board,
and some administrative agencies. _ 'The Court origi
nated in the 1982 merger ofthe Court of Customs and
Patent Appeals and the U.S. Court of Claims (although
the trial jurisdiction of the Court of Claims was given
to a new U.S. Claims Court). Among the purposes ofits
creation were ending forum-shopping in patent suits,
settling differences in patent-law doctrines among the
circuits, and allowing a Single forum to develop the
expertise needed to rule on complex technological
questions that arise in patent suits. -Abbr. CAFC,
Fed. Cir. -Often shortened to Federal Circuit. [Cases:
Federal Courts C:--:>521.]
United States Court of Appeals for Veterans Claims.
An Article I federal appellate court that has exclusive
jurisdiction to review decisions of the Board ofVeterans
Appeals. -The Court was created in 1988 as the United
States Court of Veterans Appeals; its name was changed
in 1998. Its seven judges are appointed by the Presi
dent and confirmed by the Senate; they serve IS-year
terms. Appeals from its decisions are to the U.S. Court
ofAppeals for the Federal Circuit. 38 USCA  7251
et seq. Also termed United States Court ofVeterans
Appeals. [Cases: Armed Services C=> IS4.J
United States Court of Federal Claims. A speCialized
federal court created under Article I of the Constitu
tion in 1982 (with the name United States Claims Court)
as the successor to the Court of Claims, and


itu
tion in 1982 (with the name United States Claims Court)
as the successor to the Court of Claims, and renamed
in 1992 as the United States Court of Federal Claims.
-It has original, nationwide jurisdiction to render a
money judgment on any claim against the United States
founded on the Constitution, a federal statute, a federal
regulation, an express or implied-in-fact contract with
the United States, or any other claim for damages not
sounding in tort. -Abbr. Cl. Ct.; (formerly) Ct. Cl.
Also termed Court ofClaims. [Cases: Federal Courts
C=>1071.] United States Court of International Trade. A court
with jurisdiction over any civil action against the
United States arising from federal laws governing
import transactions or the eligibility ofworkers, firms,
and communities for adjustment assistance under
the Trade Act of 1974 (19'USCA  2101-2495). _ Its
exclusive jurisdiction also includes actions to recover
customs duties, to recover on a customs bond, and to
impose certain civil penalties for fraud or negligence.
See 28 USCA  1581-1584. -Abbr. USCIT; CIT.
Also termed International Trade Court; Court ofInter
national Trade; (formerly) U.S. Customs Court.
United States Court ofVeterans Appeals. See UNITED
STATES COURT OF APPEALS FOR VETERANS CLAIMS.
United States currency. See CURRENCY.
United States Customs Court. A court that formerly
heard cases involving customs and duties. -Abolished
in 1980, its responsibilities have been taken over by the
United States Court ofInternational Trade. See UNITED
STATES COURT OF INTERNATIONAL TRADE.
United States Customs Service. An agency in the U.S.
Department of Homeland Security responsible for col
lecting import duties on goods, wares, and merchan
dise, and for enforcing customs and related laws. -The
Customs Service was created in 1863. 12 Stat. 665. It
was transferred from the Department of the Treasury
in 2003. -Also termed Bureau ofCustoms. [Cases:
Customs Duties C=>53-60.]
United States District Attorney. See UNITED STATES
ATTORNEY.
United States District Court. A federal trial court having
jurisdiction to hear civil and criminal cases within
its judicial district. The United States is divided
into nearly 100 federal judicial districts. Each state
has at least one judicial district. Also, the District of
Columbia, Puerto Rico, Guam, the Virgin Islands, and
the Northern Mariana Islands each have one district.
Abbr. U.S.D.C. [Cases: Federal Courts C=>971, 973.]
United States Fish and Wildlife Service. A unit in
the U.S. Department of the Interior responsible for
managing more than 93 million acres ofland and water
consisting of more than 500 national wildlife refuges
and thousands ofsmall wetlands. _ Italso administers
or enforces laws relating to migratory birds, endan
gered species, certain marine mammals, and sports
fisheries. -Abbr. FWS; USFWS. [Cases: Environmen
tal LawC=>525; Fish C=>11; GameC=>3.5.]
United States Foreign Intelligence Surveillance Court.
An ll-judge court that hears requests from the Attorney
General for surveillance warrants under the Foreign
Intelligence Surveillance Act. _ The court's proceed
ings and records are normally closed to the public. Its
rulings may be reviewed by the Foreign Intelligence
Court of Review. -Abbr. FISC. [Cases: War and
National Emergency <:r'='32.]
United States Foreign Intelligence Surveillance Court
of Review. A panel comprising three federal judges
appointed by the Chief Justice to review decisions of

1675
the United States Intelligence Surveillance Court.
The Court was established in 1978 by the Foreign Intel
ligence Surveillance Act. [Cases: War and National
Emergency C=:)32.j
United States Foreign Service. A division of the State
Department responsible for maintaining diplomatic
and consular offices and personnel in foreign coun
tries. -Often shortened to Foreign Service. [Cases:
Ambassadors and Consuls
United States Geological Survey. A unit in the U.S.
Department of the Interior responsible for prepar
ing and publishing maps, technical reports, and fact
sheets, and for compiling information about energy
and mineral resources and the use and quality of the
nation's water resources. Abbr. USGS.
United States Institute ofPeace. An independent federal
institution created to develop and disseminate knowl
edge about international peace and conflict resolution.
 The Institute was established in 1984.
United States International Trade Commission. An
independent federal agency that compiles information
on international trade and tariffs; reports its findings
and recommendations to the President, the U.S. Trade
Representative, and Congressional Committees;
and conducts investigations into international-trade
relief. -Abbr. USITC. [Cases: Customs Duties
21.5,72.]
United States Magistrate Judge. A federal judicial officer
who hears civil and criminal pretrial matters and who
may conduct civil trials or criminal misdemeanor
trials. 28 USCA  631-639. -Magistrate judges are
appointed to renewable eight -year terms under Article I
of the U. S. Constitution. -Also termed federal magis
trate; (before 1990) United States Magistrate;parajudge.
[Cases: United States Magistrates C=11, 12.]
United States Marine Corps. The military service within
, the United States Navy whose forces are trained for
land, sea, and air combat. -The United States Marine
Corps is a separate service within the United States
Navy under the authority of the U.S. Department of the
Navy. -Abbr. USMC. [Cases: Armed Services (;::::::>4.]
United States Marshal. See MARSHAL.
United States Marshals Service. The unit in the U.S.
Department of Justice responsible for protecting
federal courts and ensuring effective operation of the
judicial system . U.S. marshals make arrests, serve
court papers, and enforce court orders. -Abbr. USMS.
[Cases: United States Marshals <"-~28, 29.J
United States Merchant Marine Academy. A military
affiliated institution of higher learning responsible
for educating and training commissioned officers for
service on civilian merchant vessels or in the armed
forces. The academy was founded in 1938, and since
1943 has been located at King's Point, New York.
Abbr. USMMA. [Cases: Armed Services
United States Military Academy. An institution of
higher learning in the U.S. Department of the Army United States Postal Service
responsible for educating and training officers for
service in the U.S. Army. Founded in 1802, the
academy is located on the Hudson River in West Point,
New York. -Abbr. USMA. -Often termed West
Point. [Cases: Armed Services C--=' 16.]
United States Mint. A unit in the U.S. Department ofthe
Treasury responsible for producing coins to be used in
trade and commerce, numismatic coins, gold and silver
coins, and national medals. _ It also operates the gold
storage facility at Fort Knox, Kentucky. Jt was formerly
termed the Bureau of the Mint. [Cases: United States
C='34.]
United States Naval Academy. An institution ofhigher
learning in the United States Department of the Navy
responsible for educating and training commissioned
officers for service in the United States Navy and the
United States Marine Corps . Founded in 1845, the
academy is located in Annapolis, Maryland. -Abbe.
USNA. -Often also termed (informally) Annapolis .
[Cases: Armed Services (;::::::> 16.]
United States Navy. The naval-operations branch ofthe
United States armed forces, including naval aviation
and the United States Marine Corps, and the United
States Coast Guard when operating as a service in the
Navy. -1he United States Navy is under the author
ity of the U.S. Department of the Navy. -Abbr. USN.
[Cases: Armed Services
United States of America. A federal republic formed
after the War of Independence and made up of 48
conterminous states, plus the state of Alaska and the
District of Columbia in North America, plus the state
of Hawaii in the Pacific. -Abbr. USA; U.S. [Cases:
United States 1.]
United States officer. See OFFICER (1).
United States Patent and Trademark Office. The
Department of Commerce agency that examines patent
and trademark applications, issues patents, registers
trademarks, and furnishes patent and trademark
information and services to the public. Abbr. PTO;
USPTO. Often shortened to Patent Office; Trade
mark Office.
United States person. A U.S. resident or national
(except a national living outside the United States who
is employed by someone other than a United States
person), a domestic American concern, and any foreign
subSidiary or affiliate of a domestic concern with opera
tions controlled by the domestic concern . Under anti
boycott regulatory controls, no United States person
may participate in a secondary boycott or discrimina
tion against Jews and others by members of the League
of Arab States. 50 USCA app.  2415(2).
United States Postal Service. An independent establish
ment in the executive branch responsible for operat
ing post offices, safeguarding and delivering mail, and
enforcing the laws affecting the integrity and security
of the mail. -The Postal Reorganization Act of 1970
replaced the cabinet-level Post Office Department

with the United States Postal Service. 39 USCA  101 et
seq. Abbr. USPS. [Cases: Postal Service C~1-5.]
United States Reports. The official printed record ofUS.
Supreme Court cases. In a citation, it is abbreviated as
U.S., as in 388 U.S. 14 (1967). [Cases: Reports
United States Secret Service. A law-enforcement agency
in the US. Department ofHomeland Security respon
sible for providing security for the President, Vice Pres
ident, certain other government officials, and visiting
foreign diplomats, and for protecting US. currency by
enforcing the laws relating to counterfeiting, forgery,
and credit-card fraud. The Service was transferred
from the Department ofthe Treasury in 2003. Often
shortened to Secret Service. [Cases: United States (,.~
34.]
United States Sentencing Commission. An independent
commission in the judicial branch of the federal gov
ernment responsible for setting and regulating gUide
lines for criminal sentencing in federal courts and for
issuing policy statements about their application . The
President appoints its members with the advice and
consent ofthe Senate. It was created under the Sentenc
ing Reform Act 1984. 28 USCA  991.
United States Sentencing Guidelines. A detailed set
of instructions for judges to determine appropriate
sentences for federal crimes. -Abbr. USSG. Also
termedfederal sentencing guidelines. (Cases: Sentencing
and Punishment C=65L]
United States Supreme Court. See SUPREME COURT OF
THE UNITED STATES.
United States Tax Court. See TAX COURT, U.S.
United States Trade and Development Agency. An
independent federal agency in the executive branch
responsible for promoting trade between the United
States and developing countries to create jobs in the
United States and to promote economic progress in
poorer nations. It was established in 1961 as the
Trade and Development Program and was renamed
in 1992. -Abbr. TDA; USTDA.
United States Trade Representative. The top U.S. trade
negotiator and adviser to the President on foreign
trade policy. The Cabinet-level office is responsible
for making annual reports on nations that do not act
diligently to stop piracy of copyrighted material. The
Trade Representative holds the rank ofambassador.
Abbr. USTR. See OFFICE OF THE UNITED STATES TRADE
REPRESENTATIVE; SPECIAL 30l.
United States trustee. A federal official who is appointed
by the Attorney General to perform administrative
tasks in the bankruptcy process, such as appointing
bankruptcy trustees in Chapter 7 and Chapter 11 cases.
See TRUSTEE (2). [Cases: BankruptcyC:::o300l-3011.]
unities doctrine of marriage. See LEGAL-UNITIES
DOCTRINE.
Uniting and Strengthening America by Provid
ing Appropriate Tools Required to Intercept and
Obstrnct Terrorism. See USA PATRIOT ACT. unit-investment trust. See TRUST.
unitization. Oil & gas. 1he collection ofproducing wells
over a reservoir for joint operations such as enhanced
recovery techniques . Unitization is usu. carried out
after primary production has begun to fall off substan
tially, in order to permit efficient secondary-recovery
operations. It is also done to comply with well-spacing
requirements established by state law or regulation.
Pooling, by contrast, is usu. associated with drilling
a single well and operating that well by primary-pro
duction techniques. Cf. POOLING.[Cases: Mines and
Minerals C:::o92.78.] unitize (yoo-n;J-tIz), vb.
compulsory unitization. Unitization done by order ofa
regulatory agency. Also termedforced unitization.
[Cases: Mines and Minerals C:::o92.78.)
forced unitization. See compulsory unitization.
voluntary unitization. Unitization arranged byagree
ment ofthe owners ofmineral interests. [Cases: Mines
and Minerals C:::o78.1(7), 79.1(5).]
unitization clause. Oil & gas. A provision in an oil-and
gas lease granting the lessee the right to unitize the
leased premises, generally for enhanced-recovery oper
ations.[Cases: Mines and Minerals C:::o78.1(7).]
unit-ownership act. A state law governing condominium
ownership. [C


o78.1(7).]
unit-ownership act. A state law governing condominium
ownership. [Cases: Condominium <>~~'2.1
unit price. See PRICE.
unit pricing. A system in which contract items are priced
per unit rather than on the basis ofa flat contract price.
[Cases: Contracts C:::o231(1); Sales C:::o77(l).j
unit rule. 1. Securities. A method ofvaluing securities by
multiplying the total number ofshares held by the sale
price of one share sold on a licensed stock exchange,
ignoring all other facts about value. 2. Parliamentary
law. A convention's rule that lets a delegation's majority
cast the entire delegation's votes. Cf. instructed delegate
under DELEGATE.
unitrust. See TRUST.
units-of-output depreciation method. See DEPRECIA
TION METHOD.
units-of-production method. Tax. An account
ing method in which the depreciation provision is
computed at a fixed rate per product unit, based on an
estimate ofthe total number of units that the property
will produce during its service life. -This method is
used in the oil-and-gas industry when the total number
ofunits ofproduction (Le., barrels in a reserve) can be
accurately estimated.
unity, n. (13c) 1. The fact or condition of being one in
number; oneness. 2. Jointness in interest, possession,
time, or title. At common law, all four ofthese unities
were required for the creation of a joint tenancy. See
joint tenancy under TENANCY. [Cases: Joint Tenancy
<::=1, 3.] -unitary, adj.
unity ofinterest. (18c) The requirement that an joint
tenants' interests must be identical in nature, extent,

1677 universitas juris
and duration. -Also termed interest unity. [Cases:
Joint Tenancy C:)1, 3.]
unity ofpossession. (l8c) The requirement that each
joint tenant must be entitled to possession of the
whole property. Also termed possession unity.
[Cases: Joint Tenancy 1,3.J
unity of time. (I8c) The requirement that all joint
tenants' interests must vest at the same time. Also
termed time unity. [Cases: Joint Tenancy 3.J
unity of title. (18c) The requirement that all joint
tenants must acquire their interests under the same
instrument. -Also termed title unity. [Cases: Joint
Tenancy 3.J
unity of art. Copyright. The inseparable nature of utili
tarian and functional aspects of applied art.  France
uses the unity-of-art approach to applied art and
industrial design, but stops short ofprotecting strictly
utilitarian design under copyright. -Also termed
cumulative approach. Cf. DUALITY OF ART.
unity of seisin (see-zin). (1800) The merging of seisin in
one person, brought about when the person becomes
seised of a tract ofland on which he or she already has
an easement. [Cases: Easements (:::::>27.]
universal agency. See general agency under AGENCY
(1).
universal agent. See AGENT.
Universal Copyright Convention. A 1952 treaty binding
signatories to give citizens of other member nations
the same copyright protection that their own citizens
receive. 25 U.S.T. 1341, T.LA.S. No. 7868. Admin
istered by the United Nations Educational, Scientific,
and Cultural Organization, the Convention does not
apply between nations that are also signatories of the
Berne Convention.lhe United States signed the treaty
in 1955. Abbr. L'CC. [Cases: Copyrights and Intel
lectual Property (:::::> 34.]
Universal Declaration of Human Rights. An interna
tional bill of rights proclaimed by the United Nations
in December 1948, being that body's first general enu
meration ofhuman rights and fundamental freedoms .
 The preamble states that "recognition of the inherent
dignity and of the equal and inalienable rights of all
members of the human family is the foundation of
freedom, justice and peace in the world." The Declara
tion contains a lengthy list of rights and fundamen
tal freedoms. For the full text of the Declaration, see
Appendix C. [Cases: International Law 1O.45(1).J
"The Universal Declaration is the first comprehensive
human rights instrument to be proclaimed by a universal
international organization. Because of its moral status and
the legal and political importance it has acquired over the
years, the Declaration ranks with the Magna Carta, the
French Declaration of the Rights of Man and the American
Declaration of Independence as a milestone in mankind's
struggle for freedom and human dignity. Its debt to all
these great historical documents is unmistakable." Thomas
Buergenthal et aI., International Human Rights in a Nutshell
35-36 (3d ed. 2002).
universal defense. See real defense under DEFENSE (4). universal inheritance. See INHERITANCE.
universal-inheritance rule. Wills & estates. A doctrine
holding that an intestate estate escheats to the state
only if the decedent leaves no surviving relatives, no
matter how distant.  Through the first half ofthe 20th
century, this rule was broadly followed in American
jurisdictions. The Uniform Probate Code abandons
the universal-inheritance rule and proVides that if no
member ofthe third or a nearer parentela survives the
decedent, the intestate estate escheats to the state.
Also termed rule ofuniversal inheritance. See PAREN
TELA. Cf.laughing heir under HEIR; GRADUAL METHOD.
[Cases: Escheat ~';:)3.]
universalist movement. Copyright. A 19th-century
campaign in Europe to recognize a worldwide copy
right law based on an author's moral rights.
"The universalist movement evolved both in and out
of France, starting with an international Congress of
Authors and Artists in Brussels in 1858. attended by del
egates of literary societies and universities, as well as by
authors, artists, journalists, librarians, and lawyers. The
movement gained momentum at an 1878 international
literary congress in Paris presided over by Victor Hugo."
Paul Goldstein, International Copyright: Principles, Law,
and Practice 19 (2001).
! universality. l. Equality of applicability. 2. Copyright. A
nation's policy or practice of protecting artists' rights
in their creations irrespective of the creator's nation
ality or where the work was created . Universality,
the most generous approach to international intellec
tual-property rights, is generally favored in countries
that treat copyright as a moral right. Cf. RECIPROCITY;
NATIONAL TREATMENT. [Cases: Copyrights and Intel
lectual Property (:::::>, 34.]
universal legacy. See LEGACY.
universal legatee. See LEGATEE.
universal life insurance. See LIFE INSURANCE.
universal malice. See MALICE.
universal partnership. See PARTNERSHIP.
universal succession. See SUCCESSION (2).
universal successor. See SUCCESSOR.
universal synod. See general synod under SYNOD.
universal title. See TITLE (2).
universitas (yoo-ni-v;u-sd-tas), n. [Latin] Roman law.
A union of persons or things considered as a whole; a
corporation.
universitas facti (yoo-ni-v;U-S;Has fak-tI). [Law Latin] A
plurality ofcorporeal things ofthe same kind regarded
as a whole, such as a herd of cattle.
universitas juris (yoo-ni-var-sd-tas joor-is). [Latin]
Roman & civil law. The whole of a person's rights and
liabilities; the totality of a person's legal relations.
"A universitas juris is a collection of rights and duties united
by the single circumstance of their having belonged at one
time to some one person." Henry S. Maine, Ancient Law
148 (17th ed. 1901).

1678 universitas personarum
universitas personarum (yoo-ni-v<lr-sa-tas par-s<>-nay
r<>m). [LatinI Roman & civil law. A group ofpeople that
are legally considered an entity, such as a college or
corporation. PI. universitates personarum.
universitas rerum (yoo-ni-v<lr-s<>-tas reer-<>m). [Latin]
Roman & civil law. A whole collection of things; a
variety ofindividual things that are together regarded
by the law as a whole. See JUS RERUM.
"In the time ofJustinian the universitas rerum, or universitas
iuris (both expressions are used) is a somewhat abstract
conception: it means the sum or whole of a man's legal
position so far as it concerns the ius rerum. The conception
is important in law only on the occasions, of which death is
by far the most important, on which the universitas passes
from one to another. ... The expression universitas rerum
is also used in another sense, to denote any collection of
objects considered as a whole." w.w. Buckland, A Manual
of Roman Private Law 172 (2d ed. 1953).
universus (yoo-ni-v<lr-sas). [Latin] The whole; all
together.
unjudicial, adj. (l6c) Not becoming ofor appropriate to
a judge. [Cases; Judges (;::J 11.]
unjust, adj. (14c) Contrary to justice; not just.
unjust enrichment. (1897) 1. The retention ofa benefit
conferred by another, without offering compensation,
in circumstances where compensation is reasonably
expected. [Cases: Implied and Constructive Contracts
Cr-;)3.] 2. A benefit obtained from another, not intended
as a gift and not legally justifiable, for which the benefi
ciary must make restitution or recompense. 3. The area
of law dealing with unjustifiable benefits of this kind.
unlaw, n. 1. A violation oflaw; an illegality. 2. Lawless
ness.
"But lawlessness is often a superficial phenomenon and
whenever the duke was strong enough to keep the peace
then law revived. We hear the same of England: times of
'unlaw' alternate with times of law." 1 Frederick Pollock &
Frederic W. Maitland, The History ofEnglish Law Before the
Time of Edward 168-69 (2d ed. 1898).
3. Scots law. An illegal act. 4. Scots law. A fine; a
penalty.
unlawful, adj. (l4c) 1. Not authorized by law; illegal <in
some cities, jaywalking is unlawful>. 2. Criminally
punishable <unlawful entry>. 3. Involving moral tur
pitude <the preacher spoke to the congregation about
the unlawful activities ofgambling and drinking>.
unlawfully, adv.
unlawful act. (I6c) Conduct that is not authorized by
law; a violation ofa civil or criminal law.
unlawful arrest. See ARREST.
unlawful assembly. See ASSEMBLY.
unlawful condition. See CONDITION (2).
unlawful detainer. See DETAINER.
unlawful-detainer proceeding. (1879) An action to
return a wrongfully held tenancy (as one held by a
tenant after the lease has expired) to its owner. See
unlawful detainer under DETAINER. [Cases: Landlord
and Tenant (;::;:287.1.J unlawful entry. See ENTRY (1).
unlawful force. See FORCE.
unlawful interest. See USURY.
unlawful interference with contractual relations. See
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELA
TIONS.
unlawful picketing. See PICKETING.
unlawful sexual conduct with a minor. See IMPAIRING
THE MORALS OF A MINOR.
unlawful sexual intercourse. See RAPE.
"unless" lease. See LEASE.
unlimited, adj. Without restriction or limitation.
unliquidated, adj. (ISc) Not previously specified or
determined <unliquidated damages>.
unliquidated claim. See CLAIM (3).
unliquidated damages. See DAMAGES.
unliquidated debt. See DEBT.
unlisted security. See SECURITY.
unlisted stock. See unlisted security under SECURITY.
unlivery. Maritime law. The unloading of cargo at its
intended destination.
unmarketable title. See TITLE (2).
unmarried, adj. Not married; single.
unmerchantable title. See unmarketable title under
TITLE (2).
unnatural offense. See SODOMY.
unnatural will. See WILL.
unnavigable, adj. See INNAVIGABLE.
unnecessary, adj. Not required under the circumstances;
not necessary.
unnecessary hardship. See HARDSHIP (4).
uno actu (yoo-noh ak-t[yJoo). [LatinJ In a single act; by
one and the same act.
unoccupied, adj. 1. (Of a building) not occupied; vacant.
2. (Of a person) not busy; esp., unemployed.
unofficious payment. See PAYMENT.
unofficious will. See inofficious testament under TES
TAMENT.
uno flatu (yoo-noh f1ay-t[y] 00). [Latinl In one breath.
unpaid dividend. See DIVIDEND.
unpatentable over art. Patents. (Of an invention) ineli
gible for patent protection because of obviousness or
the lack ofnovelty. [Cases: Patents (;::J 16(2).)
unperfected security interest. See SECURITY INTEREST.
unprecedented (an-pres-;:l-den-tid), adj. Never before
known; without any earlier example.
unpremeditation. The lack of premeditation; the absence
of planning.
unprofessional conduct. See CONDUCT.
unpublished opinion. See OPINION (1).

1679
unqualified indors


CONDUCT.
unpublished opinion. See OPINION (1).

1679
unqualified indorsement. See INDORSEMENT.
unqualified opinion. See OPINION (2).
unqualified ownership. See OWNERSHIP.
unques (an[gJ-kweez), adv. [Law French] Ever; always.
unques prist (an[g]-kweez prist). [Law French] Always
ready.  This is another form of tout temps prist. See
TOUT TEMPS PRIST ET ENCORE PRIST.
unrealized loss. See paper loss under LOSS.
unrealized profit. See paper profit under PROFIT (1).
unrealized receivable. See RECEIVABLE.
unreasonable, adj. (l4c) 1. Not guided by reason; irratio
nal or capricious. 2. Not supported by a valid exception
to the warrant requirement <unreasonable search and
seizure>. [Cases: Searches and Seizures (;:>24.]
unreasonable compensation. See COMPENSATION.
unreasonable decision. See DECISION.
unreasonable deviation. See DEVIATION.
unreasonable refusal to submit to operation. Workers'
compensation. An injured employee's refusal to submit
to a necessary surgical procedure . This refusal is
grounds for terminating the employee's workers'
compensation benefits. [Cases; Workers' Compensa
tion (''::>947,2003.]
unreasonable restraint of trade. See RESTRAINT OF
TRADE.
unreasonable restraint on alienation. See RESTRAINT
ON ALIENATION (1).
unreasonable search. See SEARCH.
unreasonably dangerous conduct. See CONDUCT.
unrebuttable, adj. Not rebuttable <an unrebuttable pre
sumption>.
unrecorded, adj. (l6c) Not recorded; esp., not filed in the
public record <unrecorded deed>.
unregistered security. See restricted security under
SECURITY.
unrelated-business income. See INCOME.
unrelated-business-income tax. See TAX.
unrelated-business taxable income. See unrelated-busi
ness income under INCOME.
unrelated offense. See OFFENSE (1).
unresponsive answer. See ANSWER (2).
unrestricted indorsement. See unrestrictive indorsement
under INDORSEMENT.
unrestrictive indorsement. See INDORSEMENT.
unrestrictive interpretation. See INTERPRETATION.
unreviewable, adj. (1877) Not subject to legal or judicial
review <the claim is unreviewable on appeal>.
unsafe, adj. (Of a verdict or judgment) likely to be over
turned on appeal because of a defect.
unsatisfied-judgment fund. See FUND (1). unwritten will
unseated, adj. (Of land) vacant and neither developed
nor cultivated.
unseaworthy, adj. (Of a vessel) unable to withstand the
perils of an ordinary voyage. Cf. SEAWORTHY. [Cases:
Seamen Shipping (;:>80.]
unsecured bail bond. See BOND (2).
unsecured bond. See DEBENTURE (3).
unsecured claim. See CLAIM (5).
unsecured creditor. See CREDITOR.
unsecured debt. See DEBT.
unsecured note. See NOTE (1).
unskilled work. See WORK (1).
unsolemn war. See WAR (1).
unsolemn will. See WILL.
unsolicited commercial e-mail. See SPAM. -Abbr.
DeE.
unsound, adj. (14c) 1. Not healthy; esp., not mentally
well <unsound mind>. [Cases: Mental Health 2.
Not firmly made; impaired <unsound foundation>. 3.
Not valid or well founded <unsound argument>.
unspeakable crime. See SODOMY.
unsworn, adj. (16c) Not sworn <an unsworn state
ment>.
! unsworn declaration under penalty of perjury. See
DECLARATION (8).
i untenantable (;m-ten-dn-td-bdl), adj. (l7c) Not capable
of being occupied or lived in; not fit for occupancy <the
city closed the untenantable housing project>. [Cases:
Landlord and Tenant (;:> 125(1).]
! unthrift. Archaic. A prodigal; a spendthrift.
untimely, adj. (l3c) Not timely <an untimely answer>; at
an inappropriate time, either too soon or too late.
untrue, adj.!. (Of something said) not correct; inaccu
rate. 2. (Of a person) not faithful or true (to a standard
or belief).
unum quid (yoo-ndm kwid). [Latin] Hist. One thing .
The phrase implied that several items (such as movables)
were, for whatever purpose, considered as one (e.g., a
set of glasses).
unus nullus rule (yoo-nds Dal-ds). [Latin "one is nobody"
+ rule] Civil law. The evidentiary principle that the
testimony of only one witness is given no weight. Cf.
HALF-PROOF (1).
unusual charge. See special charge under CHARGE.
unvalued policy. See INSURANCE POLICY.
I unworthy, adj. Civil law. (Of an heir) not entitled to
inherit from a person because of a failure in a duty to
that person.
i unwritten constitution. See CONSTITUTION.
unwritten evidence. See EVIDENCE.
unwritten law. See LAW.
I unwritten will. See nuncupative will under WILL.

UPA 1680
UPA. abbr. UNIFORM PARTNERSHIP ACT.
UPAA. abbr. UNIFORM PREMARITAL AGREEMENT ACT.
up before. Informal. In the presence of (a particular court
or judge) <for the bail hearing you'll come up before
Judge Franklin>.
UPC. abbr. UNIFORM PROBATE CODE.
up-front performance bond. See PERFORMANCE
BOND.
UPIA. abbr. UNIFORM PRUDENT INVESTOR ACT.
UPL. abbr. Unauthorized practice oflaw <the state bar's
UPL committee>. See unauthorized practice oflaw
under PRACTICE OF LAW. [Cases: Attorney and Client
Upper Bench. See bancus superior under BANCUS.
upper chamber. See CHAMBER.
upper court. See court above under COURT.
upper estate. See dominant estate under ESTATE (4).
upper management. See top management under MAN
AGEMENT.
UPREIT (ap-rrt). See umbrella-partnership real-estate
investment trust under REAL-ESTATE INVESTMENT
TRUST.
upset bid. See BID (1).
upset price. See PRICE.
upside. Securities.!. An upward movement in stock
prices. 2. The potential of an upward movement in
stock prices. Cf. DOWNSIDE.
upstream guaranty. See GUARANTY.
upstreaming. A parent corporation's use of a subsid
iary's cash flow or assets for purposes unrelated to the
subSidiary.
upstream merger. See MERGER.
UPUFA. abbr. UNIFORM PUTATIVE AND UNKNOWN
FATHERS ACT.
upward departure. See DEPARTURE.
u.r. abbr. UTI ROGAS.
urban, adj. Ofor relating to a city or town; not rural.
urban-fear syndrome. See URBAN-SURVIVAL SYN
DROME.
Urban Mass Transit Administration. A unit in the u.s.
Department of Transportation responsible for making
grants to help states, regional and local governmen
tal bodies, and public agencies to acquire or improve
capital equipment and facilities for urban mass-transit
systems; for proViding technical assistance and funds
for demonstration projects; for making educational
grants for urban mass-transit research and training;
and for making training grants to mass-transit systems
for training. The agency also awards grants for transit
operations in nonurban areas. -Abbr. UMTA. [Cases:
United States C=:>82(2).]
urban planning. See LAND-USE PLANNING.
urban prefect, n. Roman law. See PRAEFECTUS URBI. urban-psychosis defense. See URBAN-SURVIVAL
SYNDROME.
urban renewal. (1954) The process ofredeveloping urban
areas by demolishing or repairing existing structures
or by building new facilities on areas that have been
cleared in accordance with an overall plan. lCases:
Municipal Corporations C-::>267.]
urban servitude. See SERVITUDE (2).
urban-survival syndrome. A self-defense theory holding
that a defendant who uses unreasonable force may be
acquitted ifthe defendant lives in a dangerous environ
mentthat heightens the defendant's fears ofinjury to life
or limb so much that the force used seemed reasonable
and necessary to the defendant. -Also termed urban
survival defense; urban-fear syndrome; urban-psychosis
defense; inner-city post-traumatic-stress defense.
urbs (;lrbz), n. [Latin] Roman law. 1. A city or town. 2.
lhe city ofRome.
ure (yoor). [fro Old French oeuvre) Custom; practice;
exercise.
URESA (y;l-ree-s,,). abbr. UNIFORM RECIPROCAL
ENFORCEMENT OF SUPPORT ACT.
urgent deficiency bill. See deficiency bill under BILL
(3).
Urheberrecht (oo-re-bair-rekt), n. [German] AUTHOR'S
RIGHT.
Uruguay Round. The 1994 negotiations of the General
Agreement on Tariffs and Trade. The negotiations
resulted in the TRIPs agreement that established the
World Trade Organization and made member nations'
patent laws more uniform. See TRIPS. [Cases: Customs
Duties 10.]
usage. (l3c) 1. A well-known, customary, and uniform
practice, usu. in a specific profession or business. See
CUSTOM Cf. CONVENTION (6). [Cases: Customs and
Usages
"A 'usage' is merely a customary or habitual practice; a
'convention' is a practice that is established by general
tacit consent. 'Usage' denotes something that people are
accustomed to do; 'convention' indicates that they are
accustomed to do it because of a general agreement that
it is the proper thing to do." Herbert W. Horwill. The Usages
of the American Constitution 22 (1925).
"Although rules of law are often founded on usage, usage
is not in itself a legal rule but merely habit or practice in
fact. A particular usage may be more or less widespread.
It may prevail throughout an area, and the area may be
small or large - a city, a state or a larger region. A usage
may prevail among all people in the area, or only in a

1681
special trade or other group. Usages change over time,
and persons in close association often develop temporary
usages peculiar to themselves." Restatement (Second) of
Contracts  219 cmt. a (1979).
custom and usage. See CUSTOM AND USAGE.
general usage. (16c) A usage that prevails throughout
a country or particular trade or profession; a usage
that is not restricted to a local area. [Cases: Customs
and Usages
immemorial usage. (17c) A usage that has existed for a
very long time; longstanding custom. See TIME IMME-
MoRIAL. [Cases: Customs and Usages 1.]
local usage. (I8c) A practice or method regularly
observed in a particular place, sometimes considered
by a court in interpreting a document. UCC  1-205(2)
(3). See CUSTOM AND USAGE. [Cases: Customs and
Usages
trade usage. (1864) A practice or method of dealing
having such regular observance in a region, vocation,
or trade that it justifies an expectation that it will be
observed in a given transaction; a customary practice
or set of practices relied on by persons conversant
in, or connected with, a trade or business. -While a
course of performance or a course ofdealing can be
established by the parties' testimony, a trade usage
is usu. established by expert testimony. -Also
termed usage oftrade; course oftrade. Cf COURSE OF
DEALI:-IG; COURSE OF PERFORMANCE. [Cases: Customs
and Usages
'The existence and scope of a usage of trade are to be
determined as questions of fact. If a usage is embodied in
a written trade code or similar writing the interpretation of
the writing is to be determined by the court as a question
of law. Unless otherwise agreed, a usage of trade in the
vocation or trade in which the parties are engaged or a
usage of trade of which they know or have reason to know
gives meaning to or supplements or qualifies their agree
ment." Restatement (Second) of Contracts  222 (l979).

usance (yoo-z;mts). The time allowed for the payment
of a foreign bill of exchange, sometimes set by custom
but now usu. by law.
usance credit. See time letter ofcredit under LETTER OP
CREDIT.

use (yoos), n, (bef. 12c) 1. The application or employ
ment of something; esp., a long-continued possession
and employment of a thing for the purpose for which
it is adapted, as distinguished from a possession and
employment that is merely temporary or occasional
<the neighbors complained to the city about the owner's
use of the building as a dance club>.
accessory use. Zoning. A use that is dependent on or
pertains to a main use. [Cases: Zoning and Planning
~301-308.]
adverse use. A use without license or permission. Cf.
ADVERSE POSSESSION.
beneficial use. Property. The right to use property and
all that makes that property desirable or habitable,
such as light, air, and access, even if someone else
owns the legal title to the property.
collateral use. Intellectual property, The legal use of
a trademark by someone other than the trademark
owner, whereby


al use. Intellectual property, The legal use of
a trademark by someone other than the trademark
owner, whereby the other party must clearly identify
itself, the use of the trademark, and the absence of
affiliation with the trademark owner.
commercial use. A use that is connected with or
furthers an ongoing profit-making activity. Cf. non
commercial use.
conditional use. Zoning. A use of property subject to
special controls and conditions. _ A conditional use
is one that is suitable to a zoning district, but not nec
essarily to every location within that district. -Also
termed special exception, See SPECIAL EXCEPTION (2).
[Cases: Zoning and Planning C--=>382.J
conforming use. Zoning. The use of a structure or of the
land in conformity with the uses permitted under the
zoning classifications ofa particular area, such as the

use 1682
building of a single-family dwelling in a residential
zone. [Cases: Zoning and Planning <8=271.]
double use. Patents. An application of a known prin
ciple or process to a new use without leading to a new
result or product. [Cases: Patents
exclusive use. 1. Trademarks. 1he right to use a specific
mark without exception, and to prevent another from
using a confusingly similar mark. [Cases: Trademarks
C::;) 1182.] 2. Property. The right ofan adverse user to
a property, exercised independently of any similar
rights held by others; one of the elements of a pre
scriptive easement. See eSER. [Cases: Adverse Pos
session <r'-='36, 37; Easements <8=8(4).]
experimental use. Patents. I. The use or sale of an
invention by the inventor for experimental purposes.
2. A defense to liability for patent infringement when
the infringement took place only to satisfy curiosity
or to complete an experiment, rather than for profit.
[Cases: Patents <8=260.]
highest and best use. Real estate. In valuing property,
the use that will generate the most profit. -This
standard is used esp. to determine the fair market
value of property subject to eminent domain. -Often
shortened to best use. -Also termed most suitable
use. [Cases: Eminent Domain Taxation
2515.]
incidental use. Zoning. Land use that is dependent
on or affiliated with the land's primary use. [Cases:
Zoning and Planning <8= 301-308.]
most suitable use. See highest and best use.
noncommercial use. A use for private pleasure or
business purposes that non involving the generation
of income or bestowing a reward or other compensa
tion. Cf. commercial use.
nonconforming use. Zoning. Land use that is imper
missible under current zoning restrictions but that
is allowed because the use existed lawfully before the
restrictions took effect. [Cases: Zoning and Planning
C::)321-338.]
pious use. The designation and actual use of property
for recognized religious or charitable purposes. Cf.
superstitious use.
popular use. A person's imperfect right to enjoy public
land. - A popular use is not legally enforceable. It is
dependent on the government's will to allow access
to the land.
public use. 1. Property. The public's beneficial right to
use property or facilities subject to condemnation.
See CONDEMNATION (2). [Cases: Eminent Domain
<8= 12-42.] 2. Patents. Any use of or offer to use a
completed or operative invention in a nonsecret,
natural, and intended manner. - A patent is invalid
ifthe invention was in public use more than one year
before the patent's application date. [Cases: Patents
<8=75.]
'The term 'public use' is misleading, for any use from
which the public is not excluded, even though none comes, is held to be public. Similarly, an actual public use of a
machine, even though the invention feature be effectively
concealed from inspection, is held to be public. It makes
no difference whether the patent or other publication is
that of the inventor or someone else." Roger Sherman Hoar,
Patent Tactics and the Law48 (3d ed. 1950) (citing Gillman
v. Stem, 114 F.2d 28, 31 (2d Or. 1940)).
reasonable use. Use of one's property for an appro
priate purpose that does not unreasonably interfere
with another's use of property. See REASONABLE-USE
THEORY.
regular use. Insurance. A use that is usual, normal,
or customary, as opposed to an occasional, special,
or incidental use. _ This term often appears in
automobile-insurance policies in the definition of
a nonowned automobile -that is, an automobile
not owned by or furnished for the regular use of the
insured. Nonowned automobiles are excluded from
coverage under most liability policies. [Cases: Insur
ance <8= 2657.]
superstitious use. A designation or use ofproperty for
religious purposes not legally recognized or tolerated
(such as gifts either favoring an unrecognized religion
or supporting the saying of prayers for the dead). Cf.
pious use.
2. A habitual or common practice <drug use>. 3. A
purpose or end served <the tool had several uses>. 4.
A benefit or profit; esp., the right to take profits from
land owned and possessed by another; the equitable
ownership ofland to which another person holds the
legal title <cestui que use>. See CESTUI QUE eSE. use
(yooz), vb.
contingent use. (17c) A use that would be a contingent
remainder ifit had not been limited by way of use .
An example is a transfer "to A, to the use ofB for life,
with the remainder to the use of C's heirs." -Also
termedfuture use.
entire use. A use of property solely for the benefit of
a married woman. When used in the habendum
of a trust deed for the benefit of a married woman,
this phrase operates to keep her husband from taking
anything under the deed. -Also termed entire
benefit; sale use; sole and separate use.
executed use. Hist. A use resulting from combining
the equitable title and legal title of an estate, done to
comply with the Statute of Uses' mandate that the
holder ofan estate be vested with legal title to ensure
the holder's liability for feudal dues. See STATUTE OF
USES.
executory use. See springing use.
future use. See contingent use.
official use. Hist. A use imposing a duty on a person
holding legal title to an estate on behalf of another,
such as a requirement that a feoffee to uses sell the
estate and apportion the proceeds among several
beneficiaries. -The Statute of Uses eliminated this
type of use.

1683 USIP
permissive use. Hist. A passive use resorted to before
passage of the Statute of Uses in 1535 to avoid an
oppressive teudallaw (such as mortmain) by naming
one person as the legal owner of property while
allowing another to possess the property and enjoy
the benefits arising from it.
present use. Hist. A use that has an immediate exis
tence and is subject to the Statute ofUses.
resulting use. (18c) A use created by implication and
remaining with the grantor when the conveyance
lacks consideration.
secondary use. See shifting use.
shifting use. (18c) A use arising from the occurrence of
a certain event that terminates the preceding use. -In
the following example, C has a shifting use that arises
when D makes the specified payment: "to A for the
use ofB, but then to C when D pays $1,000 to E." This
is a type of conditional limitation. -Also termed sec
ondary use. See conditional limitation under LIMITA
TION. [Cases: Trusts (,-: 131; Wills <;:::~:::'625.J
sole and separate use. See entire use.
springing use. (17c) A use arising on the occurrence
ofa future event. _ In the following example, B has a
springing use that vests when B marries: "to A for the
use ofB when B marries." Also termed executory
use. [Cases: Trusts Wills <:=625.]
use-based license. See LICENSE.
use/derivative-use immunity. See use immunity under
IMMUNITY (3).
usee. See USE PLAINTIFF.
useful, adj. Patents. (Ofan invention) having a practical
application. [Cases: Patents (;:::46.]
"[M]ere curiosities of invention, which do not have any
intelligent purpose, are not useful in a patentable sense."
Roger Sherman Hoar, Patent Tactics and the Law 37 (3d
ed. 1950).
"When applied to a machine, 'useful' means that the
machine will accomplish its purpose practically when
applied in industry. The word is given a practical and
not a speculative meaning." 60 Am. Jur. 2d Patents  131
(1987).
useful-article doctrine. See APPLIED-ART DOCTRINE.
useful life. (1923) 1be estimated length of time that
depreciable property will generate income. _ Useful
life is used to calculate depreciation and amortization
deductions. -Also termed depreciable life. See DEPRE
CIATION METHOD.
use immunity. See IMMU},/ITY (3).
use in commerce. Trademarks. Actual use of a trade
mark in the advertising, marketing, promotion, sale, or
distribution ofgoods or services. -Use ofa trademark
in commerce is a prerequisite to trademark registra
tion. Regular use demonstrates that the trademark has
become associated with currently available goods or
services, as contrasted with a token use intended to
reserve some right to use the trademark in the future. displayed on or with goods offered for sale, or placed
on documents related to the goods. For services, a mark
is used in commerce if it appears in advertising or on
documents related to the services. In addition, the
goods must be used or the services rendered in more
than one state, because use ofa trademark in interstate
commerce is a prerequisite to federal trademark regis
tration. [Cases: Trademarks 1136, 1142.]
useless-gesture exception. (1970) Criminal proce
dure. An exception to the knock-and-announce rule
whereby police are excused from having to announce
their purpose before entering the premises to execute
a warrant when it is evident from the circumstances
that people inside the premises are of aware of the
police officers' authority and purpose. See KNOCK
AND-ANNOUNCE RULE. [Cases: Searches and Seizures
143.1.]
use plaintiff. Common-law pleading. A plaintiff for
whom an action is brought in another's name. -For
example, when the use plaintiff is an assignee CA") of
a chose in action and sues in the assignor's name ("B"),
the assignor's name appears first on the petition's title:
"B for the Use of A against C." -Also termed usee.
[Cases: Federal Civil Procedure 131; Parties
4.]
user (yooz-<lr). (15c) 1. The exercise or employment
of a right or property <the neighbor argued that an
easement arose by his continuous user over the last 15
years>. Cf. NONUSER.
user de action (yoo-zar dak-shan). [Law French] The
pursuing or bringing ofan action.
2. Someone who uses a thing <the stapler's last user did
not put it away>.
end user. (1963) The ultimate consumer for whom a
product is designed.
user agreement. See POINT-AND-CLICK AGREEMENT.
user confusion. See CONSUMER CONFUSION.
user fee. (1967) A charge assessed for the use of a par
ticular item or facility.
Uses, Statute of. See STATUTE OF USES.
use tax. See TAX.
use value. See VALUE (2).
use variance. See VARIANCE (2).
use zoning. See Euclidean zoning under ZONING.

usual, adj. (14c) 1. Ordinary; customary. 2. Expected
based on previous experience, or on a pattern or course
ofconduct to date.
usuary (yoo-zhoo-er-ee), n. Civil law. A person who has
the use (usus) ofa thing to satisfy personal and family
needs; a beneficiary. -Also termed (in Roman law)
usuarius.
usucapio (yoo-za-kay-pee-oh), n. Roman & civil law. The
acquisition of ownership by long, continuous posses
sion begun in good faith; esp., the acquisition ofowner
ship by prescription. -In classical law, the minimum
periods required were one year for movables and two
for land. Under Justinian law, the minimum periods
were three years for movables and ten years for land.
See PRESCRIPTION (5). -Also termed usus (yoo-zoos);
usucaption (yoo-za-kap-shdn); usucapion (yoo-za-kay
pee-on or -an). [Cases: Adverse Possession
usucapt, vb.; usucaption, n.
"There is no principle in all law which the moderns, in spite
of its benefiCial character, have been so loath to adopt
and to carry to its legitimate consequences as that which
was known to the Romans as Usucapion. and which has
descended to modern jurisprudence under the name of
Prescription." Henry S. Maine, Ancient Law 236 (17th ed.
1901). usnfruct (yoo-zd-frakt), n. [fro Latin usufructus] Roman
& civil law. A right for a certain period to use and enjoy
the fruits ofanother's property without damaging or
diminishing it, but allowing for any natural deteriora
tion in the property over time. In Roman law, the
usufruct was considered a personal servitude, result
ing in a real right. In modern civil law, the owner of
the usufruct is similar to a life tenant, and the owner
ofthe property burdened is known as the naked owner.
La. Civ.