attainder, prescribes pun
ishment less severe than capital punishment.  Bills of
pains and penalties are included within the U.S. Con
stitution's ban on bills of attainder. U.S. Const. art I,
9. [Cases: Constitutional Law C=> 1095.]
bill of parcels. See BILL (5).
bill of particulars. (1831) A formal, detailed statement of
the claims or charges brought by a plaintiff or a pros
ecutor, usu. filed in response to the defendant's request
for a more specific complaint . The bill of particulars
has been abolished in federal civil actions and replaced
by the motion for a more definite statement. See Fed.
R. Civ. P. 12(e). But it is still used in some states (such
as California) and in federal criminal cases. See Fed. R.
Crim. P. 7(f). Also termed statement of particulars.
See MOTION FOR MORE DEFINITE STATEMENT. [Cases:
Federal Civil Procedure 0943; Indictment and Infor
mation (;:::::) 121; Pleading 0:;;313.J
"Although it has been said that the bill of particulars is
not a discovery device, it seems plain that it is a means of
discovery, though of a limited nature. It is the one method
open to a defendant in a criminal case to secure the details
ofthe charge against him." 1 Charles Alan Wright, Federal
Practice and Procedure  129. at 646-47 (3d ed. 1999).
bill of peace. See BILL (2).
bill of privilege. See BILL (2).
bill of redemption. See BILL (2).
bill of review. See BIl.L (2).
bill of revivor. See BILL (2).
bill of revivor and supplement. See BILL (2).
bill of rights. (lSe) 1. (usu. cap.) A section or addendum,
usu. in a constitution, defining the situations in which
a politically organized society will permit free, spon
taneous, and individual activity, and guaranteeing that
governmental powers will not be used in certain ways;
esp., the first ten amendments to the U.S. Constitu
tion. [Cases: Constitutional Law C:::o 1067.]2. (cap.) One
of the four great charters of English liberty (1 W. &
M. (1689)), embodying in statutory form all the prin
ciples of the other three charters, namely, Magna Carta,
the Petition of Right (3 Car. I, 1628), and the Habeas
Corpus Act (31 Car. 2,1679).
bill of sale. (16c) An instrument for conveying title to
personal property, absolutely or by way of security. Cf.
DEED. [Cases: Sales 141,
bill of sight. Maritime law. A declaration made to a
customs officer by an importer who is unsure about

bill of store
what is being shipped . The bill of sight allows an
importer to inspect the goods before paying duties.
bill of store. Hist. A license authorizing a merchant to
carry necessary stores and provisions free of duty.
bill of sufferance. Hist. A license authorizing a merchant
to trade between English ports without paying customs
duties.
bill payable. See account payable under ACCOUNT.
bill penal. See BILL (7).
bill quia timet. See BILL (2).
bill receivable. See account receivable under ACCOUNT.
bill rendered. See account rendered under ACCOUNT.
bills and notes. 1. See PAPER (1). 2. See PAPER (2).
bills in a set. A bill oflading made up of a series ofinde
pendent parts, each bearing a number and providing
that goods delivered against anyone part voids the
other parts . Traditionally, in overseas-goods ship
ments, the parts of this type of bill were sent under
separate cover so that if one was lost, the buyer could
take delivery of the goods with another one. UCC
7-304.
bill single. See BILL (7).
bill status. The current state of a proposed law in the leg
islative process, such as its assignment to a committee,
its schedule for a hearing or a vote, and its passage or
defeat by one or both houses.
bill taken pro confesso (proh bn-fes-oh). [Latin "as if
admitted"] Hist. An order issued by a court of equity
when a defendant fails to file an answer.
bill to carry a decree into execution. See BILL (2).
bill to enforce a decree. See bill to carry a decree into
execution under BILL (2).
bill to perpetuate testimony. See BILL (2).
bill to suspend a decree. See BILL (2).
bill to take testimony de bene esse. See BILL (2).
bimetallism. A monetary system in which currency is
defined in terms of two metals (usu. gold and silver),
both being legal tender and with a fixed rate of exchange
between them . The American money system was
based on a bimetallic standard from 1792 to 1873.
bind, vb. (I5c) 1. To impose one or more legal duties on (a
person or institution) <the contract binds the parties>
<courts are bound by precedent>. 2. Hist. To indenture;
to legally obligate to serve. binding, adj. -bind
ingness, n.
bind day. See BOON DAY.
binder. 1. A document in which the buyer and the seller
of real property declare their common intention to
bring about a transfer of ownership, usu. accompa
nied by the buyer's initial payment. 2. Loosely, the
buyer's initial payment in the sale of real property. Cf.
EARNEST MONEY. 3. An insurer's memorandum giving
the insured temporary coverage while the application
for an insurance policy is being processed or while the 190
formal policy is being prepared. [Cases: Insurance (;::-.:>
1748.] Also termed binding receipt; binding slip.
binding, adj. (14c) 1. (Of an agreement) having legal
force <a binding contract>. 2. (Of an order) requiring
obedience <the temporary injunction was binding on
the parties>.
binding agreement. See AGREEMENT.
binding arbitration. See ARBITRATION.
binding authority. 1. See binding precedent under PREC
EDENT. 2. See imperative authority under AUTHORITY.
binding instruction. See mandatory instruction under
JURY INSTRUCTION.
binding precedent. See PRECEDENT.
binding receipt. See BINDER.
binding slip. See BINDER.
bind over, vb. (16c) 1. To put (a person) under a bond or
other legal obligation to do something, esp. to appear
in court. 2. To hold (a person) for trial; to turn (a defen
dant) over to a sheriff or warden for imprisonment
pending further judicial action . A court may bind
over a defendant if it finds at a preliminary examination
that there is enough evidence to require a trial on the
charges against the defendant. [Cases: Criminal Law
C=:>240.] -binding over, n. bindover, a~i.
bindover hearing. See PRELIMINARY HEARING.
biochemical warfare. See WARFARE.
biological, adj. 1. Of or relating to biology or life <bio
logical study>. 2. Genetically related <biological
parents>.
biological child. See natural child (1) under CHILD.
biological father. See FATHER.
biological material. Patents. Patentable microorgan
isms -such as bacteria, fungi, algae, protozoa, and
viruses that are capable of self-replication . To
satisfy the Patent Act's enablement requirement, bio
logical material that is the subject of a U.S. patent
application must be depOSited in an appropriate cell
depository before the patent is granted.
biological mother. See MOTHER.
biological parent. See PARENT.
biological terrorism. See bioterrorism under TERROR
ISM.
biological warfare. See WARFARE.
biotechnology. Patents. A branch of molecular biology
dealing with the use of biological processes to produce
useful medical and industrial materials. Cf. GENETIC
ENGINEERING.
Biotechnology Patent Process Protection Act. Patents.
A 1995 federal statute that made biotechnological
processes per se patentable if either the process or the
resulting material is novel and nonobvious. 35 USCA
 103(b). Also termed Biotechnology Act.
bioterrorism. See TERRORISM.

191
bipartite, adj. (l6c) (Of an instrument) executed in two
parts by both parties.
bird-dog fee. Slang. 1. Money paid by a business to a
person who directs consumers to the business. 2. An
illegal payment to a person who arranges a business
deal; KICKBACK.
BIRPI. See INTERNATIONAL BUREAU FOR THE PROTEC
TION OF INTELLECTUAL PROPERTY.
birretum (b~-ret-~m). [Law Latin] A cap or coif formerly
worn by British judges and serjeants-at-law.
birth. The complete emergence of a newborn baby from
the mothet:'s body . The quotation below states the
traditional legal view of birth. In a few jurisdictions, the
state of the law may be changing. In South Carolina, for
example, a child does not have to be born alive to be a
victim of murder; a woman can be convicted of fetal
murder ifher baby is stillborn because of the mother's
prenatal drug abuse.
"For purposes of criminal law and also for those of
property law, e.g. to become a holder of property and
so transmit it again to new heirs, or to enable the father
to obtain curtesy of his wife's lands birth consists in
extrusion from the mother's body, i.e. in having 'come into
the world.' If but a foot be unextricated, there can be no
murder, the extrusion must be complete, the whole body
of the infant must have been brought into the world. But it
is not necessary that the umbilical cord should have been
severed. And to be born alive the child must have been still
in a living state after having wholly quitted the body of the
mother." j.W. Cecil Turner, Kenny's Outlines of Criminal Law
104 (l6th ed. 1952).
birth certificate. A formal document that records a
person's birthdate, birthplace, and parentage . In
all 50 states, an adopted child receives a second birth
certificate reflecting his or her adoptive parents. In
such a case, the original birth certificate is usu. sealed
and can be opened only by court order. Some states
allow limited access, depending on the year when an
adoptee was born and (sometimes) on whether the birth
parents consent. The trend today is to open records if
(1) both the child and the biological parent consent -
for example, through an adoption registry, or (2) the
child requests and, upon notification, the biological
parent does not veto the request. Oregon enacted the
first statute to permit access to birth records upon the
unilateral demand of the adopted child, once the child
reaches the age of majority. See ADOPTION-REGISTRY
STATuTE.lCases: Health (:::::>397.]
birth control. 1. Any means of preventing concep
tion and pregnancy, usu. by mechanical or chemical
means, but also by abstaining from intercourse. 2.
More narrowly, contraception. [Cases: Abortion and
Birth Control (:::::> 132.]
birthday club. See GIFTING CLUB.
birth father. See biological father under FATHER.
birth injury. Harm that occurs to a fetus during the birth
process, esp. during labor and delivery. Cf. PRENATAL
INJURY.
birth mother. See MOTHER. Black Act
birth parent. See PARENT.
birth records. (1854) Statistical data kept by a govern
mental entity concerning people's birthdates, birth
places, and parentage. [Cases: Health (;=>397.]
BIS. abbr. BUREAU OF INDUSTRY AND SECURITY.
bi-scot. Hist. English law. A fine imposed for not repair
ing banks, ditches, and causeways.
bishop. The chief superintendent and highest-ranking
member of the clergy within a diocese . The bishop
is subject to the archbishop of a province. [Cases: Reli
gious Societies
"[AJ bishop ... has several courts under him, and may
visit at pleasure every part of his diocese. His chancellor
is appointed to hold his courts for him, and to assist him
in matters of ecclesiastical law .... " 1 William Blackstone,
Commentaries on the Laws of England 370 (1765).
bishopric (bish-a-prik). l. DIOCESE. 2. The office of a
bishop.
bishop's court. l. An ecclesiastical court usu. held in
the diocese cathedral and presided over by the bishop's
chancellor. 2. Hist. Eccles. law. (cap.) A court (usu.)
held in the cathedral of a diocese, the judge being the
bishop's chancellor, who applied civil canon law .
The jurisdiction included appeals from the Court of
Archdeacon. In a large diocese, the bishop's chancel
lor would have commissaries in remote parts who held
conSistory courts. See CONSISTORY COURT.
biting rule. A rule of construction that once a deed or
will grants a fee simple, a later provision attempting to
cut down, modify, or qualify the grant will be held void.
[Cases: Deeds (:::::> 124; Wills (:::::>601(2).]
Bivens action. (1972) A lawsuit brought to redress a
federal official's violation of a constitutional right.
Bivens v. Six Unknown Named Agents of the Federal
Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971).
 A Bivens action allows federal officials to be sued in
a manner similar to that set forth at 42 USCA  1983
for state officials who violate a person's


a manner similar to that set forth at 42 USCA  1983
for state officials who violate a person's constitutional
rights under color of state law. [Cases: United States
('':;:;50.1.]
.biz. Trademarks. A top-level domain name assigned by
ICANN for use by businesses as distinct from indi
vidual, personal, or noncommercial use. See DOMAIN
NAME; INTERNET CORPORATION FOR ASSIGNED NAMES
AND NUMBERS.
B/L. abbr. BILL OF LADING.
Blackacre. (I7c) A fictitious tract ofland used in legal dis
course (esp. law-school hypotheticals) to discuss real
property issues . When another tract of land is needed
in a hypothetical, it is often termed Whiteacre."
"Blackacre is the most celebrated tract of land in the world
of the law, ... Blackacre is wholly mythical, yet totally real.
It is a concept, living in the realm of the mind and doubly
valuable since much of the law of property has the same
type of reality." John E. Cribbet, p,.inciples of the Law of
Property 2 (2d ed. 1975).
Black Act. Hist. An English statute (9 Geo. ch. 22) estab
lishing the death penalty for the unlawful killing or

maiming of animals . The statute was passed in 1722
in the wake of crimes committed by persons with
faces blackened or otherwise disguised. The statute
was repealed in 1827. The classic study of this law is
E.P. Thompson, Whips and Hunters: The Origins of the
Black Act (1975).
Black Acts. Scots law. Statutes of the Scottish Parlia
ment passed from 1535 to 1594 and recorded in a book
printed in black letter.
Black Book of the Admiralty. English law. A medieval
code of maritime law containing admiralty laws, ordi
nances, and proceedings, decisions, and acts of the
monarch, the Lord High Admiral, and the Court of
Admiralty . The Black Book is considered a defini
tive source for customary English maritime law. It also
contains a copy of the Rules of Ole ron, an 11th-century
compilation of common maritime law.
Black Book of the Exchequer. Hist. A record book con
taining treaties, conventions, charters, papal bulls, and
other English state documents . It dates from the l3th
century. -Also termed Liber Niger Parvus.
black cap. A square cap worn by English judges on
certain state or solemn occasions . The black cap was
formerly worn by judges when handing down a death
sentence.
black codes. (usu. cap.) Hist. 1. Antebellum state laws
enacted to regulate slavery. 2. Laws enacted shortly after
the Civil War in the ex-Confederate states to restrict the
liberties of the newly freed slaves to ensure a supply of
inexpensive agricultural labor and to maintain white
supremacy.
"Clearly, leaders of the old South who survived the war were
in no mood for racial equality. It was a bitter enough pill
that the slaves were legally free; there was no inclination
to go beyond the formal status. The Black Codes of 1865,
passed in almost all of the states of the old Confederacy,
were meant to replace slavery with some kind of caste
system and to preserve as much as possi ble of the prewar
way of life." Lawrence M. Friedman, A History of American
Law 504 (2d ed. 1985).
black economy. See SHADOW ECONOMY.
Black Hand. Hist. Any of several secret societies that
were active in the late 19th and early 20th centuries .
Most of these organizations were composed of anar
chists or separatists and engaged in terrorism. In
the late 19th and early 20th centuries, a loosely knit
Sicilian-Italian criminal organization called the Black
Hand extorted money from Italian immigrants to the
U.S. through threats and acts of violence. Chapters
of the organization were established throughout the
United States and Canada. The New York City Police
Department created the nation's first bomb squad to
deal with the bombs used by the Black Hand. A band of
Spanish anarchists in the late 19th century and a group
of Serbian anarchists in the early 20th century were
also called the Black Hand. The organizations were not
related. -blackhander, n.
black-leg labor. See SCAB. blackletter law. (18c) One or more legal principles that
are old, fundamental, and well settled . The term refers
to the law printed in books set in Gothic type, which is
very bold and black. -Also termed hornbook law.
blacklist, vb. (I8c) To put the name of (a person) on a list
of those who are to be boycotted or punished <the firm
blacklisted the former employee>. blacklist, n.
black-lung disease. See PNEUMOCONIOSIS.
blackmail, n. (I6c) 1. A threatening demand made
without justification; EXTORTION. Cf. FEEMAIL;
GRAYMAIL; GREENMAIL (1), (2). [Cases: Extortion and
Threats <>25.1.1 blackmail, vb.
"[Blackmail isl a certain rate of Money, Corn, Cattle, or other
conSideration, paid to some inhabiting upon, or near the
borders, being persons of name and power, allied with ...
known Robbers ... to be thereby by them freed and pro
tected from the danger of those SpOil-takers." Thomas
Blount, Noma-Lexicon: A Law-Dictionary (1670).
'''Black-mail' (black rent) was anciently used to indicate
'rents reserved in work, grain or baser money' (i.e. baser
than silver). It was also employed at one time to refer to
'a tribute formerly exacted in the north of England and in
Scotland by freebooting chiefs for protection from pillage.'
[Quoting American College Dictionary(1948).1 Such practice
was extortion, in the literal sense, and hence 'blackmail' is
frequently used to indicate statutory extortion or some
times an extorsive threat. And the federal statute forbid
ding the sending of an extorsive threat by mail has been
referred to as the 'blackmail statute.'" Rollin M. Perkins &
Ronald N. Boyce, Criminal Law451 (3d ed. 1982).
2. BLACK RENT.
blackmail suit. See SUIT.
black maria. Slang. A locked van used by the police to
transport prisoners to and from jaiL
black market. 1. See MARKET. 2. See SHADOW ECONOMY.
black-market adoption. 1. See ADOPTION. 2. See SHADOW
ECONOMY.
blackout period. Trademarks. The time between the
examining attorney's approval of an intent-to-use
application for publication in the Official Gazette and
the issuance of a notice of allowance after publication,
during which the applicant may not file a statement of
use or make any other substantive amendment to the
application. [Cases: Trademarks <> 1284, 1287.]
black-rage insanity defense. See INSANITY DEFENSE.
black rent. Hist. Peudal rents paid in work, grain, or
money baser than silver. -Also termed blackmail.
Cf. WHITE RENT.
Black-Scholes formula. A mathematical model used to
estimate the present value of stock options or warrants
based on the exercise price, the length of the option's
or warrant's exercise period, and the fair market value
and volatility of the underlying security . The term
derives from Escher Black and Myron Scholes, the
names of the economists who presented the formula
in The Pricing of Options and Corporate Liabilities, 81
J. PoL Econ. 637 (1973).
Blackstone lawyer. Slang. 1. A lawyer with a broad
knowledge of black letter principles. 2. A self-educated

193
lawyer (esp. in antebellum America) whose legal
training consists primarily of reading Blackstone's
Commentaries.
black ward. Hist. A subvassal; a vassal of the king's
vassal.
Blaine amendment. A provision in a state constitu
tion for stricter separation of church and state than is
required by the Establishment Clause . In 1875, at the
request of President Ulysses S. Grant, Senator James
G. Blaine proposed an amendment to the U.S. Consti
tution, applying the Free Exercise and Establishment
Clause to the states, and specifically prohibiting the use
of any state' funds to support any religiOUS institutions,
including private church-run schools (esp. Roman
Catholic). The House of Representatives passed the
amendment, but the Senate narrowly voted against it.
Many states, however, amended their constitutions to
include a "Blaine Amendment" strictly prohibiting the
use of public money for the support of religious institu
tions. [Cases: Constitutional Law C:::) 1334.]
blame, n. 1. An act of attributing fault; an expression
of disapproval <the judge said that all the plaintiff's
attorneys were to blame>. 2. Responsibility for some
thing wrong <blame rested with all the defendants>.
blame, vb. -blameworthy, blamable, adj.
blanc seign (blahnk sayn). [Law French] Civil law. A
Signed paper entrusted to someone with the power
to bind the signer within the limits of the agreement
between the signer and the grantee. See POWER OF
ATTORNEY (1).
blank. Parliamentary law. 1. A ballot cast without a vote,
effectively an abstention. 2. A name, number, time, or
other term left open in a motion, to be filled in by vote
after taking proposals from the floor . An election
is a common form of filling a blank: each nomina
tion is effectively a proposal for filling the blank in the
question, "Resolved, That is elected." See CREATE
A BLANK; FILL A BLANK.
blank acceptance. See ACCEPTANCE (4).
blank bar. Hist. A plea in bar interposed by a defendant
in a trespass action. -This type of plea was filed to
compel the plaintiff to state exactly where the alleged
trespass occurred. -Also termed common bar.
blank bilL See BILL (6).
blank bond. See BOND (2).
blank check. See CHECK.
blank consent. A general authorization from a natural
parent who voluntarily relinquishes a child for private
adoption and allows adoption proceedings without
further consent. -Jurisdictions are divided over
whether a blank consent is valid if the natural parents
do not identify and approve the prospective adoptive
parents. -Also termed blanket consent; general
consent. [Cases: Adoption 7.5.]
blanket agreement. Labor law. A collective-bargaining
agreement that applies to workers throughout an orga-blended fund
nization, industry, or geographical area. [Cases: Labor
and Employment (;=:; 1288.]
blanket bond. See BOND (2).
blanket contract. See CONTRACT.
blanket license. See LICENSE.
blanket lien. See LIEN.
blanket mortgage. See MORTGAGE.
blanket order. 1. A judicial order that covers a broad
subject or class. Also termed umbrella order. See
ORDER (2). 2. See blanket protective order under PRO
TECTIVE ORDER. 3. An order negotiated by a customer
with a supplier for multiple purchases and deliveries of
specified goods over a stated period, as an alternative to
placing a separate order for each transaction. -Also
termed blanket purchase agreement; blanket purchase
order. See PURCHASE AGREEMENT; PURCHASE ORDER.
[Cases: Records
blanket policy. See INSURANCE POLICY.
blanket protective order. See PROTECTIVE ORDER.
blanket purchase agreement. See BLANKET ORDER (3).
blanket purchase order. See BLANKET ORDER (3).
blanket search warrant. See SEARCH WARRANT.
blank form. Copyright. A form, usu. one for record
keeping and business purposes, that does not convey
information until it has been filled in . Blank forms
are not eligible for copyright protection. Also termed
business form. See BLANK-FORMS RULE. [Cases: Copy
rights and Intellectual Property G'=' 10.4.]
blank-forms rule. Copyright. TIle principle that forms
are not protectable by copyright if they are deSigned for
recording information but do not themselves convey
any information. _ The rule, first promulgated by
the U.S. Supreme Court in Baker v. Selden, 101 U.S.
99 (1880), is now a U.S. Copyright Office regulation,
37 CFR  202.1(c). See MERGER DOCTRINE (1). [Cases:
Copyrights and Intellectual Property 10.4.]
blank indorsement. See INDORSEMENT.
blank stock. See STOCK.
blasphemy (blas-f;:l-mee), n. (13c) Irreverence toward
God, religion, a religious icon, or something else con
sidered sacred . Blasphemy was a crime at common
law and remains so in some U.S. jurisdictions, but it is
rarely if ever enforced because of its questionable con
stitutionality under the First Amendment. Cf. PROFAN
ITy. [Cases: Criminal Law (.'='45.20.] -blaspheme
(blas-feem or blas-feem), vb. -blasphemous (blas-fd
m;:ls), adj. blasphemer (bias-fcc-mJr), n.
"Blasphemy is the malicious revilement of God and religion.
In England blasphemy was the malicious revilement of the
Christian religion .... Blasphemy has been held to be a
commonlaw crime [in the United States] because of its
tendency to stir up breaches of the peace. It is expressly
made punishable by some of the statutes." Rollin M. Perkins
& Ronald N. Boyce, Criminal Law 474,475 (3d ed. 1982).
blended family. See FAMILY.
blended fund. See FUND (1).

blended sentence. See SENTENCE.
blended trust. See TR


blended fund. See FUND (1).

blended sentence. See SENTENCE.
blended trust. See TRUST.
blending clause. (1947) A provision in a will disposing
of both the testator's own property and the property
over which the testator has a power of appointment,
so that the two types of property are treated as a unit.
[Cases: Wills ~589.]
blind bidding. Copyright. In the licensing of movies for
first-run engagements, the practice by film distributors
of requiring theater owners to bid for and book movies
without haVing seen them . By statute, some states
prohibit blind bidding. l Cases: Antitrust and Trade
Regulation
blind entry. See ENTRY (2).
blind pig. See BLIND TIGER.
blind plea. See PLEA (1).
blind selling. (I946) The sale of goods without giving a
buyer the opportunity to examine them.
blind tiger. Slang. A place where intoxicants are illegally
sold . This term was commonly used during Prohibi
tion. Also termed blind pig. See PROHIBITION (3).
blind trust. See TRUST.
bloc. (I903) A group of persons or political units aligned
with a common interest or purpose, even if only tem
porarily <voting bloc>.
block, n. (18c) 1. A municipal area enclosed by streets
<three blocks away>. See LOT (1). 2. A quantity of
things bought or sold as a unit <a block of preferred
shares>. 3. SQUARE (1).
blockade. Int'llaw. A belligerent's prevention of access
to or egress from an enemy's ports by stationing ships
to intercept vessels trying to enter or leave those ports.
 To be binding, a blockade must be effective that
is, it must be maintained by a force sufficient to prevent
access to ports. Also termed simple blockade; de facto
blockade. [Cases: War and National Emergency~
19.]
"A blockade must be existing in point of fact; and in order
to constitute that existence. there must be a power present
to enforce it. All decrees and orders, declaring extensive
coasts and whole countries in a state of blockade. without
the presence of an adequate naval force to support it, are
manifestly illegal and void, and have no sanction in public
law." 1 James Kent, Commentaries on American Law *144
(George Comstock ed., 11th ed. 1866).
"The word blockade properly denotes obstructing the
passage into or from a place on either element, but is
more especially applied to naval forces preventing com
munication by water. Unlike siege it implies no intention to
get possession of the blockaded place. With blockades by
land or ordinary Sieges neutrals have usually little to do,"
Theodore D. Woolsey, Introduction to the Study of IntemQ
tional Law  202, at 351 (5th ed. 1878).
pacific blockade. Int'llaw. A blockade that is estab
lished without a declaration of war.
public blockade. Int'llaw. An established blockade of
which the blockading nation gives formal notice to
the governments of neutral nations. [Cases: War and
National Emergency C:::c~ 19(2).1 blockage rule. Tax. The principle that a large block of
stock shares may be valued at less than the total value
of the individual shares because such a large block may
be difficult to sell at full price. [Cases: Internal Revenue
(;:::'4534; Taxation ~3531.]
block booking. n. Copyright. In the licensing or use of
movies, the practice by film distributors of condition
ing the license or use on the acceptance of an entire
package or block of films, which typically includes
unwanted or inferior films . In United States v. Loew's
Inc., 371 U.S. 38, 83 S.Ct. 97 (1962), the U.S. Supreme
Court condemned block booking as an illegal tying
arrangement that violates the Sherman Act. [Cases:
Antitrust and Trade Regulation
Blockburger test. Crimina/law. A test, for double-jeop
ardy purposes, of whether a defendant can be punished
separately for convictions on two charges or prosecuted
later on a different charge after being convicted or
acquitted on a charge involving the same incident; a
comparison of two charges to see if each contains at
least one element that the other does not.  Although
the test is frequently called the same-evidence test,
that term is misleading since the analysis involves the
elements of the charged offenses rather than the facts
of the incident. Blockburger v. U.S., 284 U.S. 299, 304,
52 S.Ct. 180, 192 (1932). -Also termed same-elements
test; actual-evidence test. Cf. SAME-CONDUCT TEST;
SAME-TRANSACTION TEST. [Cases: Double Jeopardy
135,136.]
blockbusting. (1954) The act or practice, usu. by a real
estate broker, of persuading one or more property
owners to sell their property quickly, and often at a
loss, to avoid an imminent influx of minority groups.
 Blockbusting is illegal in many states. l Cases: Brokers
C=' 1,4; Civil Rights ~ 1076.]
blocked account. See ACCOlJNT.
blocked currency. See CURRENCY.
blocked income. See INCOME.
block grant. An unrestricted grant of federal funds.
[Cases: United States
blocking patent. See PATENT (3).
block interest. See add-on interest under INTEREST (3).
block policy. See INSURANCE POLICY.
block voting. A shareholders' agreement to cast their
votes in a single block. See voting trust under TRUST.
Blonder-Tongue doctrine. Patents. The rule that a
patentee is barred by collateral estoppel from relitigat
ing the validity of a patent that has been held invalid in
an earlier proceeding in which the patentee had a full
and fair opportunity to litigate the patent's validity .
The rule was adopted by the U.S. Supreme Court in
Blonder-Tongue Laboratory, Inc. v. University of Illinois,
402 U.S. 313, 91 S.Ct. 1434 (1971). -Also termed
Blonder-Tongue rule. [Cases: Patents ~327(l3).1
blood. (Be) A relationship between persons arising by
descent from a common ancestor. See RELATIVE.

entire blood. See full blood.
full blood. (1812) The relationship existing between
persons having the same two parents; unmixed
ancestry. Also termed whole blood; entire blood.
half blood. (l7c) The relationship existing between
persons having the same father or mother, but not
both parents in common. -Sometimes written half
blood. See relative of the half blood under RELATIVE.
[Cases: Descent and Distribution
heritable blood. Hist. A relationship between an
ancestor and an heir that the law recognizes for
purposes of passing good title to property. Also
termed j'nheritable blood. [Cases: Descent and Dis
tribution
mixed blood. (1817) Archaic. The relationship between
persons whose ancestors are of different races or
nationalities.
"The term 'mixed bloods,' as used in treaties and statutes,
has been held to include persons of half. or more or less
than half, Indian blood. derived either from the father or
from the mother." 42 C.J,5. Indians  3 (1991).
whole blood. See full blood.
blood, corruption of the. See CORRUPTlO:-r OF BLOOD.
blood alcohol content. (1926) The concentration of
alcohol in one's bloodstream, expressed as a percentage.
-Blood alcohol content is used to determine whether
a person is legally intoxicated, esp. under a driving
while-intoxicated law. In many states, a blood alcohol
content of .08% is enough to charge a person with an
offense. Abbr. BAC. -Also termed blood alcohol
count; blood alcohol concentration. See DRIVI:'llG UNDER
THE DRIVING WHILE INTOXICATED. [Cases:
Automobiles 411.]
blood border. Slang. The dividing line between adjoin
ing states that have different minimum drinking ages.
_ The term derives from the fact that juveniles from the
state with the higher minimum age drive to the state
with a lower minimum age, purchase and consume
alcohol, and drive home intoxicated.
blood diamond. See CONFLICT DIAMOND.
blood feud. See FEUD (4).
blood-grouping test. (1930) A test used in paternity and
illegitimacy cases to determine whether a particular
man could be the father of a child, examples being the
genetic-marker test and the human-leukocyte antigen
test. _ The test does not establish paternity; rather, it
eliminates men who could not be the father. See PATER
NITY TEST; GENETIC-MARKER TEST; HUMAN-LEUKO
CYTE ANTIGEN TEST. [Cases; Children Out-of-Wedlock
blood money.!. Hist. A payment given by a murderer's
family to the next of kin of the murder victim. Also
termed wer. 2. A reward given for the apprehension of a
person charged with a crime, esp. capital murder.
blood relative. See RELATIVE.
blood test. The medical analysis of blood, esp. to estab
lish paternity or (as required in some states) to test for sexually transmitted diseases in marriage-license appli
cants. See SEROLOGICAL TEST. Children Out-of
Wedlock ~45, 58; Marriage
bloodwite. Hist. I. EFFUSIO SANGUINIS (1). 2. EFFUSIO
SANGUINIS (2). 3. The right to levy a fine involving the
shedding of blood. 4. The exemption from the payment
of a fine involving the shedding of blood. 5. Scots law. A
penalty for a brawl or riot in which blood is shed.
blotter. I. See ARREST RECORD. 2. See WASTE BOOK.
BLS. abbr. BUREAU OF LABOR STATISTICS.
blue-blue-ribbon jury. See blue-ribbon jury under
JURY.
Blue Book. 1. A compilation of session laws. See SESSION
LAWS (2). 2. A volume formerly published to give
parallel citation tables for a volume in the National
Reporter System. 3. English law. A government publi
cation, such as a Royal Commission report, issued in
a blue paper cover.
Bluebook. The citation guide formerly titled A Uniform
System of Citation that is generally considered the
authoritative reference for American legal citations. -
The book's complete title is The Bluebook: A Uniform
System of Citation. Although it has been commonly
called the Bluebook for decades, the editors officially
included Bluebook in the title only in the mid-1990s.
The book is compiled by the editors of the Columbia
Law Review, the Harvard Law Review, the University
of Pennsylvania Law Review, and The Yale Law Journal.
Cf. ALWD CITATION MANUAL.
bluebook, vb. To ensure the conformity of citations with
The Bluebook: A Uniform System of Citation.
blue books. See SESSION LAWS.
blne chip, n. A corporate stock that is considered a safe
investment because the corporation has a history of
stability, consistent growth, and reliable earnings. -
The term is said to come from poker, in which the blue
chips usu. have the highest value. Also termed blue
chip stock. -blne-chip, adj.
blue law. (1762) A statute regulating or prohibiting com
mercial activity on Sundays. -Although blue laws were
formerly common, they have declined since the 19805,
when many courts held them invalid because of their
origin in religion (Le., Sunday being the Christian
Sabbath). Blue laws usu. pass constitutional challenge
if they are enacted to support a nonreligiOUS purpose,
such as a day of rest for workers. Also termed Sunday
law; Sunday-closing law; Sabbath law; Lord's Day Act.
[Cases: Sunday<'>~3-30(8).]
Blne List. Securities. A daily listing (on blue paper) of
secondary-market offerings of municipal bonds.
"Municipal bonds available for resale in the secondary
market are listed by state in The Blue List. along with
such information as the number of bonds offered. issuer,
maturity date. coupon rate, price, and dealer making the
offering. Ratings are not included. But there are sections
on settlement dates of recent new offerings. prerefunded
bonds, and miscellaneous offerings (some u.s. government
and agency obligations, railroad equipment trust certifi
cates. corporate bonds, and even preferred stocks). The

blue note
dollar value of listings, referred to as the floating supply,
gives an indication of the size and liquidity of the second
ary municipal market." The New York Institute of Finance,
How the Bond Market Works 185 (1988).
blue note. See NOTE (1).
blue-pendl test. (1921) A judicial standard for deciding
whether to invalidate the whole contract or only the
offending words . Under this standard, only the
offending words are invalidated if it would be possible
to delete them simply by running a blue pencil through
them, as opposed to changing, adding, or rearranging
words. [Cases: Contracts C=> 137.]
blue-ribbon jury. See JURY.
blue-sky, vb. (1931) To approve (the sale of securities) in
accordance with blue-sky laws <the company's IPO has
not yet been blue-skyed>.
blue-sky, adj. (1906) (Of a security) having little value.
 The term was first used in reference to the assets at
issue in Lowell v. People, BIll!. App. 137 (1907) ("hot
air and blue sky").
blue-sky law. (1912) A state statute establishing stan
dards for offering and selling securities, the purpose
being to protect citizens from investing in fraudulent
schemes or unsuitable companies . Such a stat


ities, the purpose
being to protect citizens from investing in fraudulent
schemes or unsuitable companies . Such a statute typi
cally includes provisions for licensing brokers, register
ing securities, and formal approvals of the offerings by
the appropriate government agencies. [Cases: Securities
Regulation C:::>248-273.J
"Although the public is probably more aware of the exis
tence and operation of the several federal statutes admin
istered by the Securities and Exchange Commission, most
state legislation in this area is broader in scope. State
securities laws, commonly referred to as 'blue sky' laws,
were enacted long before the Securities Act of 1933, and
Congress specifically preserved these laws instead of
attempting to preempt the field for federal legislation."
Louis Loss & Edward M. Cowett, Blue Sky Law 3 (1958).
"The first legislative attempts to regulate securities trans
actions were effected on the state level, with the first
general securities law being said to have been enacted
by the State of Kansas in 1911, and with 48 jurisdictions
having enacted such statutes by 1933. These statutes were
said to be enacted to stop the sale of stock in fly-by-night
concerns, visionary oil wells, distant gold mines, and other
fraudulent exploitations. A similar description of the early
legislative purpose is that such acts were aimed at 'specula
tive schemes which have no more basis than so many feet
of blue sky,' and this description has had a lasting influence
in that state securities acts are commonly referred to as
'blue sky laws,'" 69A Am. Jur. 2d Securities Regulation -
State  1 (1993).
"The state legislatures entered the arena of securities regu
lation more than twenty years before Congress .... [T]
he statutes, which vary widely in their terms and scope,
are commonly referred to as 'blue sky' laws. an appella
tion with several suggested origins. It has been said, for
example, that the Kansas legislature was spurred by the
fear of fast-talking eastern industrialists selling everything
including the blue sky." 1 Thomas Lee Hazen, Treatise on
the Law of Securities Regulation  8.1, at 490-92 (3d ed.
1995).
bluewater seaman. See able-bodied seaman under
SEAMAN. 196
blurring, n. Trademarks. A form of dilution in which
goodwill in a famous mark is eroded through the
mark's unauthorized use by others on or in connec
tion with dissimilar products or services . Blurring is
one type of dilution that is actionable under the Federal
Trademark Dilution Act, 15 USCA  1125(c). <The court
found that Nabisco's use of a fish shape in its animal
crackers diluted Pepperidge Farm's famous Goldfish
trademark.> -Also termed dilution by blurring; dim
inution. Cf. TARNISHMENT. [Cases: Trademarks
1462.]
"Blurring is a lessening of the fame possessed by a famous
mark. One might begin to think about blurring by recalling
'free association' exercises or games, in which one player
says a word and the other player must respond instantly
with the first word that pops into his or her head, By
definition, a strong or famous mark is likely to produce
both a prompt and a uniform 'free association' response
when mentioned to most consumers. Thus when I say
ROLEX, you-and almost everyone else-will likely say
'watches.' ... On the other hand, a weak mark will produce
no response at all, or a variety of responses from different
consumers .... If the owners of the ROLEX mark had no
way to prevent the use of that mark on pencils, or pianos,
or pistachio nuts. because those products are so remote
from watches that they could not prove any likelihood of
confusion, eventually, the automatic free association of the
ROLEX mark with watches, and watches alone, would be
destroyed. The mark would be less famous than before. It
would be blurred." Roger E. Schechter & John R. Thomas,
Intellectual Property  30.3. at 710-11 (2003).
BMI. abbr. BROADCAST MUSIC, INC.
board. 1. A group of persons having managerial, super
visory, or advisory powers <board of directors> . In
parliamentary law, a board is a form of deliberative
assembly and is distinct from a committee -which
is usu. subordinate to a board or other deliberative
assembly -in haVing greater autonomy and author
ity. 2. Daily meals furnished to a guest at an inn, board
inghouse, or other lodging <room and board>. [Cases:
Contracts 3. BOARD OF DIRECTORS.
board-certified, adj. (1938) (Of a professional) recog
nized by an official body as a specialist in a given field
oflaw or medicine <board -certified in civil litigation>.
See BOARD OF LEGAL SPECIALIZATION.
board lot. See round lot under LOT (3).
board of adjustment. See ADJUSTMENT BOARD.
board of aldermen. See CITY COUNCIL.
Board of Appeals. Patents & Trademarks. Hist. A quasi
judicial body within the U.S. Patent and Trademark
Office that was empowered to hear appeals by appli
cants whose patent applications had been wholly or
partially rejected by patent examiners. -Its work is
now done by the Board of Patent Appeals and Inter
ferences. See BOARD OF PATENT APPEALS A.:--ID INTER
FERENCES.
board of directors. (18c) 1. The governing body of a
corporation, elected by the shareholders to establish
corporate policy, appoint executive officers, and make
major business and financial decisions. -Also termed
(esp. in charitable organizations) board of trustees.
See DIRECTOR. [Cases: Corporations C=>297.] 2. The

197
governing body of a corporation, partnership, associa
tion, or other organization, elected by the shareholders
or members to establish policy, elect or appoint officers
and committees, and make other governing deci
sions. -Often shortened (informally) to board. -Also
termed board of governors; board of managers; board of
trustees (esp. in charitable and educational organiza
tions); executive board. See DIRECTOR.
staggered board of directors. A board of directors
whose members' terms of service overlap so that only
part of the board's makeup is voted on in any single
election. _ Typically, members serve terms of two
or more -years, with some members' terms expiring
at each annual election. See Del. Code Ann. tit. 8,
141 (1991) (authorizing classified boards with two or
three classes having two-or three-year terms). Also
termed classified board of directors. [Cases: Corpora
tions (;:= 291.]
board of education. A state or local agency that governs
and manages public schools within a state or local
district. Cf. SCHOOL BOARD. [Cases: Schools
board of equalization. See EQUALIZATION BOARD.
board of examiners. See EXAMINING BOARD.
board of fire underwriters. Insurance. An unincorpo
rated voluntary association made up of fire insurers.
[Cases: Insurance <8:;:) 1218.]
board of governors. 1. See BOARD OF DIRECTORS. 2.
(cap.) FEDERAL RESERVE BOARD OF GOVERNORS.
Board of Green Cloth. Hist. A group of persons respon
sible for governing the royal-household staff, esp. in
financial matters such as accounting for expenses and
paying servants' wages. -lhe Board consisted of the
Lord Steward and inferior officers, and its name derived
from the green cloth that covered the table used by the
Board to conduct its duties. In more ancient times, it
kept the peace and maintained courts of justice within
the area around the royal household (Le., the verge).
Also termed Counting House of the King's Household;
Green Cloth.
board of health. A municipal or state agency rn<lr<'PI1
with protecting the public health. [Cases: Health
361.]
Board ofImmigration Appeals. The highest administra
tive tribunal for interpreting and applying United States
immigration law, esp. reviewing appeals from adverse
decisions of immigration judges and district directors
of the Department of Homeland Security . The Board
may have up to 15 permanent members appointed by
the Attorney General. Abbr. BIA. -Also termed
Immigration Appeals Board. [Cases: Aliens, Immigra-
tion, and Citizenship 577.]
board oflegal specialization. (l969) A body, usu. an arm
of a state bar association, that certifies qualified lawyers
as specialists within a given field. -Typically, to qualify
as a specialist, a lawyer must meet a specified level of
experience, pass an examination, and provide favor-board of zoning appeals
able recommendations from peers. [Cases: Attorney
and Client
board of managers. See BOARD OF DIRECTORS.
Board of Medical Examiners. See EXAMINING BOARD.
board of pardons. (1872) A state agency, of which the
governor is usu. a member, authorized to pardon
persons convicted of crimes. lCases: Pardon and Parole
(;:='55.1.]
board of parole. See PAROLE BOARD.
Board of Patent Appeals and Interferences. Patents &
Trademarks. The quasi-judicial body in the U.S. Patent
and Trademark Office that hears (1) appeals from patent
applicants whose claims have been rejected by a patent
examiner, and (2) interference contests between two or
more applicants trying to patent the same invention. -
This tribunal assumed the work previously handled by
the Board of Appeals and the Board of Patent Interfer
ences. The U.S. Court of Appeals for the Federal Circuit
hears appeals from this tribunaL See INTERFERENCE
(3). [Cases: Patents
board of police commissioners. An administrative
tribunal vested with diSciplinary powers over law
enforcement personnel. [Cases: Municipal Corpora
tions C~ 181.]
board of regents. A group of persons appointed to super
vise an educational institution, esp. a university. [Cases:
Colleges and Universities
board of registration. A state agency authorized to
license and discipline members of a trade or profes-
sion. [Cases: Licenses 38.]
board of review. 1. A bodv that reviews administrative
agency decisions. [Cases~ Administrative Law and Pro
cedure (;:::>513.] 2. A body that reviews property-tax
assessments. [Cases: Taxation (;::J2653-2682.] 3. In
some cities, a board that reviews allegations of police
misconduct. [Cases: Municipal Corporations
185(12).]
Board of Tax Appeals. See TAX COURT, U.s.
board oftrade. 1. A federation of business executives
dedicated to advancing and protecting business inter
ests. 2. An organization that runs a commodities
exchange. See CHICAGO BOARD OF TRADE. [Cases:
Commodity Futures Trading Regulation G=~6.] 3. Hist.
The Lords of the Committee of the Privy Council that
had jurisdiction over trade and foreign plantations. -
Today, the responsibilities once assigned to this com
mittee are carried out by the Ministry for Trade and
Industry.
board of trustees. See BOARD OF DIRECTORS.
Board of Veterans' Appeals. The agency in the U.S.
Department of Veterans' Appeals responsible for
reviewing decisions on entitlements to veterans'
benefits. _ The Board's decisions are subject to review
by the U.S. Court of Appeals for Veterans Claims. -
Abbr. BVA. [Cases: Armed Services (;:=135,154.]
board of zoning appeals. See ADJUSTMENT BOARD.

boatable, adj. See NAVIGABLE.
boatable water. See NAVIGABLE WATER (1).
boc (bok), n. Hist. A written document, esp. one that
conveys land. -Also spelled bock.
bockland. See BOOKLAND.
bocland. See BOOKLAND.
bodily harm. See HARM.
bodily heir. See heir of the body under HEIR.
bodily injury. See INJURY.
body. (15c) l. The main part of a written instrument,
such as the central part of a statute (after the title and
preamble) or the middle part of a complainant's bill in
equity. 2. A collection oflaws. -Also termed body of
laws. See CORPUS JURIS. 3. An artificial person created
by a legal authority. See CORPORATION. 4. An aggregate
of individuals or groups. See BODY POLITIC. 5. A delib
erative assembly <legislative body>. See deliberative
assembly under ASSEMBLY. 6. An aggregate of individu
als or groups <student body>. 7. BODY OF A CLAIM.
body corporate. See CORPORATION.
body execution. l. See CAPIAS. 2. See EXECUTION.
body of a claim. Patents. The portion of a patent claim
that defines the elements or steps of the invention .
The body of the claim follows the preamble and tran
sition phrase. In a combination claim, the body of a
claim sets forth the elements of a patentable combina
tion. Cf. PREAMBLE (2); TRANSITION PHRASE. [Cases:
Patents C=> 101(1).]
body of a county. A county as a whole.
body oflaws. See BODY (2).
body politic. (ISc) A group of people regarded in a politi
cal (rather than private) sense and organized under a
common governmental authority.
body-snatching, n. The unlawful removal of a corpse,
esp. from a grave. -body-snatcher, n.
bogus (boh-g;ls), adj. Not genuine; counterfeit; SPURIOUS
(1). Cf. GENUINE.
bogus check. See bad


; counterfeit; SPURIOUS
(1). Cf. GENUINE.
bogus check. See bad check under CHECK.
bogus will. See WILL.
boilerplate, n. (1893) l. Ready-made or all-purpose
language that will fit in a variety of documents . Orig
inally, the term may have denoted a steel plate affixed
to a boiler. But the modern sense comes from copy
and artwork etched on metal plates (or molds made
from a master plate) and distributed to newspapers
and printers. The copy could not be edited. 2. Fixed or
standardized contractual language that the proposing
party often views as relatively nonnegotiable. [Cases:
Contracts 1.] -boilerplate, adj.
boiler-room transaction. (1988) Slang. A high-pressure
telephone sales pitch, often of a fraudulent nature. Cf.
PHISHING; TELESCAM.
Bolger test. The judicial test for determining whether
a statement is commercial speech, by examining (1) whether it is an advertisement; (2) whether it refers
to a specific product or service; and (3) whether the
speaker has an economic motivation for making the
statement. Bolger v. Youngs Drug Prods. Corp., 463 U.S.
60,66-67, 103 S.Ct. 2875, 2879-80 (1983) . An affirma
tive answer to all three questions is "strong support"
that the speech is commercial, but it is not dispositive;
rather, the decision should be based on common sense.
[Cases: Constitutional LawC=>1536.]
bolster, vb. To enhance (unimpeached evidence) with
additional evidence . This practice is often considered
improper when lawyers seek to enhance the credibility
of their own witnesses. [Cases: Witnesses C=>318.]
bolts. Hist. Student-argued cases in the Inns of Court.
 These practice cases were held privately, in contrast
to the more formal and public moots. -Also termed
boltings.
bombardment. Int'llaw. An attack from land, sea, or
air with weapons that are capable of destroying enemy
targets at a distance with bombs, missiles, or projec
tiles.
bona (boh-n;l), n. [Latin "goods"] Chattels; personal
property. Cf. BIENS.
bona adventitia (boh-n;l ad-ven-tish-ee-;l). [Latin] 1.
Roman law. Goods acquired by free persons in some
way other than through their paterfamilias, or by
slaves in a way other than through their owner. 2.
Civil law. Goods acquired fortuitously, but not by
inheritance. -Also spelled bona adventicia. -Also
termed adventitia bona.
bona confiscata (boh-n;l kon-fi-skay-t;l). Goods con
fiscated by -or forfeited to -the Crown.
bonafelonum (boh-n;l f;l-loh-n;lm). Personal property
belonging to a convicted felon.
bona forisfacta (boh-n;l for-is-fak-t;l). Forfeited
goods.
bona fugitivorum (boh-m fyoo-j;l-ti-vor-;lm). Goods
belonging to a fugitive. -Also termed bona utlaga
torum.
bona immobilia (boh-n;l i-moh-bil-ee-;l). Immovable
property.
bona mobilia (boh-n;l moh-bil-ee-;l). [Latin] Movable
property. See MOVABLE.
bona notabilia (boh-n;l noh-t;l-bil-ee-;l). Notable
goods; property worth accounting for in a decedent's
estate. [Cases: Executors and Administrators C=> 11,
12.]
bona paraphernalia (boh-n;l par-;l-f;lr-nay-Iee-;l).
Clothes, jewelry, and ornaments not included in a
married woman's dowry.
bona peritura (boh-n;l per-;l-t[y]uur-;l). Perishable
goods; goods that an executor or trustee must dili
gently convert into money.
bona utlagatorum (boh-n;l ;It-Iay-g;l-tor-;lm). See bona
fugitivorum.

199
bona vacantia (boh-nd vd-kan-shee-<l). [Latin "vacant
goods"] 1. Property not disposed of by a decedent's
will and to which no relative is entitled under intes
tacy laws. See ESCHEAT. 2. Ownerless property;
goods without an owner. -Bona vacantia often
resulted when a deceased person died without an heir
willing and able to make a claim. The property either
belonged to the finder or escheated to the Crown. -
Sometimes shortened to vacantia. Also termed
vacantia bona.
bona waviata (boh-nd way-vee-ay-td). Stolen goods
thrown away in flight by a thief . The goods escheated
to the Crown as a penalty to the owner for failing to
pursue the thief and recover the goods.
vacantia bona. See bona vacantia.
bona activa (boh-n<l ak-tI-vd). [Latin "active goods"] 1.
Assets. See ASSET (1). 2. The claims that a person has
against others. Cf. BONA PASSIVA.
bona castrensia et quasi castrensia (boh-nd ka-stren
shee-<l et kway-sI [or kway-zI] ka-stren-shee-<l). [Latin
"goods acquired for military or quaSi-military (i.e.,
public) service"] Roman law. The property that a son
could dispose of, by testament or otherwise, without his
paterfamilias's consent. See PATERFAMILIAS.
bona confiscata. See BONA.
bonae fidei (boh-nee fl-dee-I). [Latin] Of good faith; in
good faith.
bonae fidei possessor (boh-nee fI -dee-I pd-zes-dr).
[Latin] Roman law. A good-faith possessor of property
owned by another. _ Unless the owner sued to recover
the property, the possessor became the rightful owner
after a specified time elapsed, unless the property had
been stolen or taken by force. See USCAPIO.
bona et catalla (boh-n<l et kd-tal-<l). [Law Latin] Goods
and chattels.
bona felonum. See BONA.
bona fide (boh-n<l fId or boh-n<1 fI-dee), adj. [Latin "in
good faith"] (17c) 1. Made in good faith; without fraud
or deceit. 2. Sincere; genuine. See GOOD FAITH. bona
fide, adv.
bona fide contract. See CONTRACT.
bona fide emptor (boh-n<l fld-ee emp-tdr). [Latin] Good
faith purchaser. See bona fide purchaser under PUR
CHASER (1).
bona fide holder for value. See HOLDER FOR VALUE.
bona fide intent to use. Trademarks. A specific, good
faith intention to use a mark in the ordinary course of
trade in interstate commerce and not merely to reserve
it for later use, as determined by objective drcumstan
tial evidence. _ A federal registration obtained under
Lanham Act  l(b) requires a bona fide intent to use the
mark. If the required intent is later determined to be
lacking, the registration may be invalidated.
bona fide judgment creditor. See JUDGMENT
CREDITOR. bona mobilia
bona fide occupational qualification. (1945) An employ
ment qualification that, although it may discriminate
against a protected class (such as sex, religion, or
national origin), relates to an essential job duty and is
considered reasonably necessary to the operation of the
particular business. -Such a qualification is not illegal
under federal employment-discrimination laws. -
Abbr. BFOQ. [Cases: Civil Rights ~ 11l8, 1529.]
"The bona fide occupational qualification is a complete
defense. It is invoked when the defendant makes a distinc
tion expressly forbidden by Title VII, such as the refusal
to hire women or women with preschoolage children, the
reassignment of pregnant employees, or the exclusion
of particular ethnic groups from particular jobs .... The
employer's motivation for excluding the protected class
is not significant in evaluating the BFOQ defense. The
inquiry focuses on the necessity of using an expressly for
bidden classification. The fact that the employer adopted
the exclusion for invidious reasons, rather than for the
business consideration on which the defense is based, is
not material. Thus, if the exclusion, in fact, is proved to be
necessary it may be used, even if invidiously motivated."
Mack A. Player, Employment Discrimination Law  5.29, at
282-83 (1988).
bona fide operation. A real, ongOing business.
bona fide perceptio et consumptio (boh-nd fI-dee
p<lr-sep-shee-oh et bn-sump-shee-oh). [Latin] Hist.
Gathering and consuming in good faith. -The phrase
appeared in reference to the rights of a bona fide pos
sessor to keep fruit that the possessor gathers in good
faith and consumes in good faith.
bona fide possession. See POSSESSION.
bona fide purchaser. See PURCHASER (1).
bona fide purchaser for value. See bona fide purchaser
under PURCHASER (1).
bona fides (boh-n<) fl-deez), n. [Latin]!. GOOD FAITH.
2. Roman law. The standard of conduct expected of a
reasonable person, esp. in making contracts and similar
actions; acting without fraudulent intent or malice.
bona fide sale. See SALE.
bona fiscalia (boh-n<1- fis-kay-lee-<l), n. Public
property.
bona forisfacta. See BONA.
bona fugitivorum. See BONA.
bona gratia (boh-nd gray-shee-<l). [Latin] Roman law.
In goodwill; in a friendly way. -The phrase typically
referred to a divorce by mutual consent.
bona gratia matrimonium dissolvitur (boh-nd gray
shee-d ma-tr<l-moh-nee-<1m di-sol-vd-t<1r). [Law Latin
"the marriage is dissolved in a friendly way"] Rist. A
consensual divorce.
bona immobilia. See BONA.
bona memoria (boh-nd m<l-mor-ee-;J). [Latin] Good
memory. -Bona memoria, as used in the phrase sanae
mentis et bonae memoria (of sound mind and good
memory), refers to a testator's mental capacity. See
MIND AND MEMORY.
bona mobilia. See BONA.

bona notabilia. See BONA.
bona paraphernalia. See BONA.
bona passim (boh-n;.l pa-SI-V;.l). Roman law. Liabilities.
Cf. BONA ACTIVA.
bona peritura. See BONA.
bona utlagatorum. See bona fugitivorum under BONA.
bona vacantia. See BONA.
bona waviata. See BONA.
bond, n. (16c) 1. An obligation; a promise.
"[Aln obligation, or in English a 'bond,' is a document
written and sealed containing a confession of a debt; in
later ti'mes 'contract' is the genus, 'obligation' the species."
2 Frederick Pollock & Frederic W. Maitland, The History of
English Law 207 (2d ed. 1899).
2. A written promise to pay money or do some act if
certain circumstances occur or a certain time elapses;
a promise that is defeasible upon a condition subse
quent; esp., an instrument under seal by which (1) a
public officer undertakes to pay a sum of money if he
or she does not faithfully discharge the responsibilities
of office, or (2) a surety undertakes that if the public
officer does not do so, the surety will be liable in a penal
sum.
''The fact that an instrument is called a 'bond' is not con
clusive as to its character. It is necessary to disregard
nomenclature and look to the substance of the bond itself.
The distinguishing feature of a bond is that it is an obliga'
tion to pay a fixed sum of money, at a definite time, with
a stated interest, and it makes no difference whether a
bond is designated by that name or by some other, if it
possesses the characteristics of a bond. There is no distinc'
tion between bonds and certificates of indebtedness which
conform to all the characteristics of bonds." 1 Silvester E.
Quindry, Bonds & Bondholders Rights & Remedies  2, at
3-4 (1934).
administrator's bond. See fiduciary bond.
appeal bond. (18c) A bond that an appellate court may
require from an appellant in a civil case to ensure
payment of the costs of appeal; a bond required as
a condition to bringing an appeal or staying execu
tion of the judgment appealed from. Fed. R. App. P.
7. Cf: supersedeas bond. [Cases: Appeal and Error C=>
373-395; Federal Courts C=>661, 687.]
appearance bond. See bail bond.
arbitration bond. See ARBITRATION BOND.
attachment bond. A bond that a defendant gives to
recover attached property.  The plaintiff then looks
to the bond issuer to satisfy a judgment against the
defendant. [Cases: Attachment C=>261; Federal Civil
Procedure C=>585.]
average bond. See general average bond.
bail bond. (17c


Civil
Procedure C=>585.]
average bond. See general average bond.
bail bond. (17c) A bond given to a court by a criminal
defendant's surety to guarantee that the defendant
will duly appear in court in the future and, if the
defendant is jailed, to obtain the defendant's release
from confinement.  The effect of the release on bail
bond is to transfer custody of the defendant from
the officers of the law to the custody of the surety
on the bail bond, whose undertaking is to redeliver the defendant to legal custody at the time and place
appointed in the bond. -Also termed appearance
bond; recognizance. See BAIL. [Cases: Bail C=>54.1.]
bid bond. A bond filed in public construction projects
to ensure that the bidding contractor will enter into
the contract.  The bid bond is a type of performance
bond. [Cases: Public Contracts C=>9.]
blank bond. Archaic. A bond in which the space for the
creditor's name is left blank.
blanket bond. 1. A bond covering several persons
or projects that require performance bonds. 2. See
fidelity bond.
bond for land. A bond given by the seller of land to
a buyer, binding the seller to convey once the buyer
tenders the agreed price. -Also termed bond for a
deed. Cf. BINDER (1). [Cases: Vendor and Purchaser
C=>27.]
bond of corroboration. An additional obligation
undertaken to corroborate the debtor's original obli
gation.
bond to keep the peace. See peace bond.
bottomry bond. A contract for the loan of money on
a ship, usu. at extraordinary interest, for maritime
risks encountered during a certain period or for a
certain voyage . The loan can be enforced only if
the vessel survives the voyage. -Also termed bot
tom age bond. Cf. respondentia bond. [Cases: Shipping
C=>89-100.]
"A bottomry bond, strictly speaking, is a mortgage or
pledge of a ship by the owner or agent, to secure the
repayment of money lent for the use of the ship; and
the conditions of it are, that if the ship is lost, the lender
loses his money; but if it arrives, then, not only the ship
itself is liable, but also the person of the borrower." John
Indermaur, Principles of the Common Law 169 (Edmund H.
Bennett ed., 1 st Am. ed. 1878).
"[TJhe bottomry bond ... is a sort of mortgage on a ship,
entered into for the purpose of raising money in case of
necessity in a foreign port. The advance of communica
tions has caused bottomry and respondentia bonds to pass
virtually out of use." Grant Gilmore & Charles L. Black Jr.,
The Law of Admiralty  110, at 25 n.85 (2d ed. 1975).
claim-property bond. See replevin bond.
common-defeasance bond. See penal bond.
common-law bond. A performance bond given by a
construction contractor.  A common-law bond
exceeds the requirements of a statutory performance
bond because it provides additional coverage for con
struction projects. Cf. PERFORMANCE BOND. [Cases:
Principal and Surety C=>65, 66(1), 82.]
common money bond. A promise to pay money as a
penalty for failing to perform a duty or obligation.
contract bond. See PERFORMANCE BOND.
cost bond. A bond given by a litigant to secure the
payment of court costs. [Cases: Costs C=> 120-124;
Federal Civil Procedure C=>2732.]
counterbond. A bond to indemnify a surety.
delivery bond. See forthcoming bond.

201
depository bond. A bond given by a bank to protect a
public body's deposits should the bank become insol
vent.
discharging bond. (I8c) A bond that both permits a
defendant to regain possession of attached property
and releases the property from the attachment lien.
Also termed dissolution bond. See forthcoming bond.
[Cases: Attachment ~261.J
executor's bond. A bond given to ensure the execu
tor's faithful administration of the estate. See fidu
ciary bond. [Cases: Executors and Administrators
~26.]
'The English law did not require an executor to give bond
because he was appointed by the testator and his authority
was derived from the will rather than court appointment.
Some American jurisdictions do not require a bond of an
executor. In the majority of our states a testator may by will
dispense with the executor's bond, but in absence of such
testamentary provision a bond will be required." Thomas
E. Atkinson, Handbook of the Law of Wills  113, at 621
(2d ed. 1953).
fidelity bond. A bond to indemnify an employer or
business for loss due to embezzlement, larceny, or
gross negligence by an employee or other person
holding a position of trust. Also termed blanket
bond. [Cases: Insurance ~ 1014,2400.]
fiduciary bond. (1831) A type of surety bond required
of a trustee, administrator, executor, guardian, con
servator, or other fiduciary to ensure the proper per
formance of duties. -Also termed administrator's
bond. [Cases: Executors and Administrators
Trusts C=' 161.J
forthcoming bond. 1. A bond guaranteeing that some
thing will be produced or forthcoming at a particu
lar time, or when called for. 2. A bond (usu. given to
a sheriff) to permit a person to repossess attached
property in exchange for that person's commitment
to surrender the property in the event of an adverse
judgment; specif., a bond required of a defendant as
a condition of retaining or regaining possession of a
chattel in an attachment or replevin action, whereby
the surety agrees to surrender the chattel and to pay its
value if the plaintiff wins the lawsuit. Also termed
delivery bond. Cf. replevin bond. lCases: Attachment
C::::-;261.]
general-average bond. Maritime law. A bond given to
the captain of a ship by consignees of cargo subject
to general average, guaranteeing payment of their
contribution once it is ascertained . 'When the con
tribution amounts are disputed, the carrier requires
this bond before agreeing to unload the ship. It may
also be reqUired when the amounts are undisputed,
as security for payment. -Also termed average
bond. See general average under AVERAGE (3). [Cases:
Shipping ~ 198.)
guaranty bond. A bond combining the features of a
fidelity and a surety bond, securing both payment
and performance.
heritable bond. Scots law. A bond secured by land. bond
hypothecation bond. Maritime law. A bond given in
the contract of bottomry or respondentia. [Cases:
Shipping ~89-100.)
indemnity bond. A bond to reimburse the holder for
any actual or claimed loss caused by the issuer's or
some other person's conduct. [Cases: Indemnity ~
28.)
injunction bond. A bond required of an injunction
applicant to cover the costs incurred by a wrongfully
enjoined party; a bond required as a condition of the
issuance or continuance of a bond. Fed. R. Civ. P.
65(c). [Cases: Injunction ~ 148.]
interim bond. 1. A bond set by a police officer when a
person is arrested for a minor offense, such as a mis
demeanor, without a warrant.  Although the bond
allows the arrestee to be released, it requires that the
person be available for arraignment. 2. A bond set by
a judge or magistrate and attached to a misdemeanor
warrant.
judicial bond. (18c) A bond to indemnify an adverse
party in a lawsuit against loss occasioned by delay or
by deprivation of property resulting from the lawsuit.
 Judicial bonds are usu. classified according to the
nature of the action in which they are required, as
with appeal bonds, injunction bonds, attachment
bonds, replevin bonds, forthcoming or redelivery
bonds, and bail bonds. A bond of a fiduciary such
as a receiver, administrator, executor, or guardian
is often reqUired as a condition to appointment.
liability bond. A bond intended to protect the assured
from a loss arising from some event specified in the
bond.
license bond. A bond required of a person seeking a
license to engage in a specified business or to receive a
certain privilege. -Also termed permit bond. [Cases:
Licenses C~/ 26.]
maintenance bond. A bond guaranteeing against con
struction defects for a period after the completion of
the contracted-for work. [Cases: Principal and Surety
~82; Public Contracts ~45.]
negotiable bond. A bond that can be transferred from
the original holder to another. [Cases: Bonds
74.]
official bond. 1. A bond given by a public officer requir
ing the faithful performance of the duties of office.
2. A bond filed by an executor, guardian, trustee, or
other fiduciary. See fidUCiary bond. [Cases: Officers
and Public Employees C-::::>37.J
payment bond. (1877) A bond given by a surety to cover
any amounts that, because of the general contractor's
default, are not paid to a subcontractor or materials
supplier. [Cases: Principal and Surety ~82; Public
Contracts
"[TJhe bond serves two purposes: it assures the owner a
lien-free project, and it induces suppliers and subcontrac
tors to accept work on the project, perhaps at a lower price,
because of the assurance that they will be paid. Since no
additional charge is generally made for a payment bond

when a performance bond is being purchased, the two are
usually issued simultaneously." Grant S. Nelson, Real Estate
Finance Law 12.2, at 881 (3d ed. 1994).
peace bond. (1846) A bond required by a court from
a person who has breached or threatened to breach
the peace. -Also termed bond to keep the peace. See
BREACH OF THE PEACE. [Cases: Protection of Endan
gered Persons C=>35; Criminal Law ~ 1223.]
penal bond. (17c) A bond requiring the obligor to pay a
specified sum as a penalty if the underlying obligation
is not performed. -Also termed penal bill; common
defeasance bond. [Cases: Bonds ~ 1, 50.]
performance bond. See PERFORMANCE BOND.
permit bond. See license bond.
personal bond. 1. See bail bond. 2. A written document
in which an obligor formally recognizes an obligation
to pay money or to do a specified act. 3. Scots law. A
bond containing a promise without security.
probate bond. A bond, such as that filed by an executor,
required by law to be given during a probate proceed
ing to ensure faithful performance by the person
under bond. [Cases: Executors and Administrators
~26.]
redelivery bond. See replevin bond.
refunding bond. A bond given to assure an executor
that a legatee will return an estate distribution should
the remaining estate assets be insufficient to pay the
other legacies. [Cases: Executors and Administrators
~299.]
registered bond. A governmental or corporate obliga
tion to pay money, represented by a single certificate
delivered to the creditor.  The obligation is regis
tered in the holder's name on the books of the debtor.
[Cases: Corporations ~471; Municipal Corpora
tions ~936.]
removal bond. 1. A bond to cover possible duties owed
by a person who removes goods from a warehouse
for export. 2. A bond required in some states when a
litigant seeks to remove an action to another court.
[Cases: Removal of Cases ~88.]
replevin bond (ri-plev-in). 1. A bond given by a plain
tiff to replevy or attach property in the defendant's
possession before judgment is rendered in a replevin
action . The bond protects the attaching officer and
ensures the property's safekeeping until the court
decides whether it should be returned to the defen
dant. -Also termed replevy bond. See REPLEVIN.
[Cases: Replevin ~33.] 2. A bond given by a defen
dant in a replevin action to regain attached property
pending the outcome of litigation . The bond does
not discharge the attachment lien. [Cases: Replevin
~49.] -Also termed replevy bond; claim-property
bond; redelivery bond. Cf.forthcoming bond.
respondentia bond (re-spon-den-shee-Cl or ree-). A
contract containing the pledge of a ship's cargo; a
mortgage of a ship's cargo. Cf. bottomry bond. [Cases:
Shipping ~89-100.] "A respondentia bond is a loan upon the pledge of the
cargo, though an hypothecation of both ship and cargo
may be made in one instrument; and generally, it is only a
personal obligation on the borrower, and is not a specific
lien on the goods, unless there be an express stipulation
to that effect in the bond; and it amounts, at most, to
an equitable lien on the salvage in case of loss." 3 James
Kent, Commentaries on American Law *354-55 (George
Comstock ed., 11th ed. 1866).
simple bond. 1. A bond without a penalty. 2. A bond
payable to a named obligee on demand or on a certain
date.
statutory bond. A bond that literally or substantially
meets the requirements of a statute. [Cases: Bonds
~31, 50.]
straw bond. (1876) A bond, usu. a bail bond, that carries
either a fictitious name or the name of a person who
is unable to pay the sum guaranteed; a worthless or
inadequate bond.
submission bond. A bond given by a litigant who agrees
to submit a lawsuit to arbitration and to be bound


submission bond. A bond given by a litigant who agrees
to submit a lawsuit to arbitration and to be bound
by an arbitrator's award. [Cases: Alternative Dispute
Resolution ~ 167.]
supersedeas bond (soo-pClr-see-dee-Cls). (18c) An appel
lant's bond to stay execution on a judgment during
the pendency of the appeal. Fed. R. Civ. P. 62(d); Fed.
R. App. P. 8(b). -Often shortened to supersedeas.
See SUPERSEDE (2). Cf. appeal bond. [Cases: Appeal
and Error ~460; Execution ~ 158(2); Supersedeas
~5.l
surety bond. See PERFORMANCE BOND.
ten-percent bond. A bail bond in the amount of 10% of
the bond otherwise required for a defendant's release.
 This type of bond usu. allows a defendant to arrange
a bond without the services of a bondsman or other
surety.
unsecured bail bond. A bond that holds a defendant
liable for a breach of the bond's conditions (such as
failure to appear in court), but that is not secured by
a deposit of or lien on property. See RECOGNIZANCE.
[Cases: Bail ~40, 55.]
3. A long-term, interest-bearing debt instrument issued
by a corporation or governmental entity, usu. to provide
for a particular financial need; esp., such an instrument
in which the debt is secured by a lien on the issuer's
property. Cf. DEBENTURE.
"Typically debt securities are notes, debentures, and bonds.
Technically a 'debenture' is an unsecured corporate obliga
tion while a 'bond' is secured by a lien or mortgage on
corporate property. However, the word 'bond' is often used
indiscriminately to cover both bonds and debentures .... A
'bond' is a long term debt security while a 'note' is usually
a shorter term obligation. Bonds are historically bearer
instruments, negotiable by delivery, issued in multiples
of $1,000 with interest payments represented by coupons
that are periodically clipped and submitted for payment."
Robert W. Hamilton, The Law of Corporations in a Nutshell
128 (3d ed. 1991).
accrual bond. A bond -usu. the last collateralized
mortgage-obligation issue -from which no princi
pal or interest payment will be made until any bonds

203
issued earlier have been fully paid. -Also termed
Z-bond.
adjustment bond. A bond issued when a corporation is
reorganized. Also termed reorganization bond.
annuity bond. A bond that lacks a maturity date and
that perpetually pays interest. -Also termed consol;
perpetual bond; continued bond; irredeemable bond.
[Cases: Annuities <> 19,22.]
arbitrage bond. A municipal bond, the proceeds of
which are invested in bonds paying a higher yield
than that paid by the municipality on its own bonds.
 Under the Internal Revenue Code, the tax-free
aspect of municipal-bond income may be lost if the
bonds are classified as arbitrage bonds. See ARBI
TRAGE. [Cases: Internal Revenue <>3132.10.]
assessment bond. A municipal bond repaid from
property assessment taxes. [Cases: Municipal Cor
porations <>950.]
assumed bond. See guaranteed bond (1).
baby bond. A bond usu. having a face value of $1 ,000
or less.
bearer bond. (1887) A bond payable to the person
holding it.  The transfer of possession transfers the
bond's ownership. C. registered bond. [Cases: Bonds
86.]
bond and mortgage. A bond that is backed by a
mortgage on realty. -Also termed mortgage bond.
C' DEBENTURE (3).
book-entry bond. A bond for which no written certifi
cate is issued to reflect ownership.
callable bond. (1926) See redeemable bond.
chattel-mortgage bond. A bond secured by a mortgage
on personal property.
closed-end mortgage bond. A mortgage bond with pro
visions prohibiting the debtor from issuing additional
bonds against the bond's collateral.
collateral trust bond. 1. A bond representing a debt
secured by the deposit of another security with a
trustee. Also termed collateral trust certificate. 2.
A long-term corporate bond that is secured by other
companies' mortgage bonds held by the corporation,
which pledges and depOSits the mortgage bonds in
trust.  The interest on these collateral trust bonds
is typically lower than that received on the bonds
pledged; the surplus is used to form a sinking fund to
redeem the collateral trust bonds. A holding company
often issues these bonds by pledging the stock of a
subsidiary.
commodity-backed bond. A bond with interest
payments or principal repayment tied to the price
of a specific commodity, such as gold . This type
of bond, which has a low interest rate but prOVides a
hedge against inflation because the commodity price
will usu. rise, is often issued by a firm with a stake in
the commodity. bond
consolidated bond. 1. A railroad bond secured by a
mortgage on the entire railroad line formed by several
consolidated railroads. Cf. divisional bond. 2. A single
bond that replaces two or more outstanding issues.
construction bond. A bond issued by a governmental
entity for a building project. [Cases: Municipal Cor
porations <>911.]
continued bond. See annuity bond.
convertible bond. (1857) A bond that can be exchanged
for stock shares in the corporation that issued the
bond. [Cases: Corporations <>470.)
corporate bond. 1. An interest-bearing instrument con
taining a corporation's promise to pay a fixed sum of
money at some future time . A corporate bond
be secured or unsecured. [Cases: Corporations
470.] 2. A bond issued by a corporation, usu. having
a maturity of ten years or longer.
county bond. A county-issued bond paid through a levy
on a special taxing district, whether or not the district
is coextensive with the county. [Cases: Counties
187.)
coupon bond. A bond with attached interest coupons
that the holder may present to receive interest
payments. See BOND COUPON.
cumulative income bond. See income bond.
cushion bond. A bond paying an uncommonly high
interest rate.
debenture bond. See DEBENTURE (3).
deferred-interest bond. A bond whose interest
payments are postponed for a time.
discount bond. (l918) A bond sold at its current market
value, which is less than its face value. -Also termed
non-interest-bearing bond.
divisional bond. A railroad bond secured by a mortgage
on a specific segment of a consolidated railroad
system. Cf. consolidated bond (1).
endorsed bond. See guaranteed bond (1).
equipment trust bond. A bond secured by tangible
property, such as an airplane . A trustee usu. holds
title to the equipment, which is leased to the issuer.
Also termed equipment trust certificate.
ex coupon bond. A bond sold without coupons at
tached.
ex legal municipal bond. A municipal bond that does
not have the legal opinion of a bond-law firm printed
on it. Cf. municipal bond.
first-mortgage bond. A long-term bond that has the
first claim on specified assets.
flat bond. A bond that trades without accrued inter"
est.
floating-interest bond. A bond with an interest rate
that moves up and down with changing economic
conditions.

bond
flower bond. A Treasury bond redeemable before
maturity if used to settle federal estate taxes .
Flower bonds were issued before April 1971 and
reached final maturity in 1998. Two etymological
theories have been advanced to explain the term. The
first, and more likely, is that the bonds had flowers
engraved on their reverse side. The second is that they
"blossomed" upon the death of their owner.
Internal Revenue (;:=04830.]
foreign bond. A bond issued in a currency different
from that used where the issuer is located, such as a
Canadian-government bond that is denominated in
U.S. dollars and issued in the United States.
full-faith-and-credit bond. See general-obligation
bond.
general-mortgage bond. A corporate bond secured by
a blanket mortgage on property . The general-mort
gage bond, however, is often less valuable because it
is subordinate to prior mortgages. [Cases: Corpora
tions <::=>470.)
general-obligation bond. A municipal bond payable
from general revenue rather than from a special
fund . Such a bond has no collateral to back it other
than the issuer's taxing power. Often shortened to
obligation bond. -Also termed full-faith-and-credit
bond. [Cases: Municipal Corporations
"There are two main types of bonds issued by local govern
ments: general obligation bonds and revenue bonds ....
Bonds will be assumed to be general obligation unless they
themselves contain a clear promise to pay only out of a
special fund."' Osborne M. ReynoldsJr., Handbook of Local
Government Law  104, at 323 (1982).
gold bond. 1. Hist. A bond payable in gold coin or
U.S. currency at the election of the bondholder .
This type of bond existed until 1933, when the U.S.
monetary system abandoned the gold standard. 2. A
commodity-backed bond that is secured by gold and
issued by a gold-mining company.
government bond. 1. See savings bond. 2. See govern
ment security under SECURITY.
guaranteed bond. 1. A bond issued by a corporation
and guaranteed by a third party . This type of bond
is common among railroads. Also termed endorsed
bond; assumed bond; joint bond. 2. A bond issued by
a subsidiary corporation whose parent corporation
guarantees the principal and interest payments.
high-yield bond. A high-risk, high-yield subordinated
bond issued by a company with a credit rating below
investment grade. Also termed junk bond; high
yield debt obligation.
improvement bond. See revenue bond.
income bond. A corporate bond secured by the cor
poration's net income, after the payment of interest
on senior debt.  Sometimes this type of bond is a
cumulative-income bond, in which case, if the income
in any year is insufficient to pay the full interest, the
deficit is carried forward as a lien on any future 204
income. Also termed cumulative income bond.
[Cases: Corporations <8=:'470.)
indeterminate bond. A callable bond with no set
maturity date.
industrial-development bond. 1. A type of revenue
bond in which interest and principal payments are
backed by a corporation rather than a municipality.
 This type of bond usu. finances a private business
facility. 2. A tax-exempt municipal bond that finances
a Will. local industry. -Also termed industrial-reve
nue bond. [Cases: Municipal Corporations (;:=0912.]
interchangeable bond. A bond that can be exchanged
for a different type of bond, such as a coupon bond
that may be exchanged for a registered bond.
interest bond. A bond paid in lieu of interest due on
other bonds.
investment-grade bond. A bond with a rating of BBB
or better by the leading bond rating services. See
INVESTMENT-GRADE RATING.
irredeemable bond. See annuity bond.
joint and several bond. A bond in which the principal
and interest are guaranteed by two or more obligors.
[Cases: Bonds (;:=051.]
joint bond. A bond signed by two or more obligors .
In contrast to a joint and several bond, all the obligors
must be joined if an action is brought on the bond.
[Cases: Bonds G:::>51, 122.]
junior bond. A bond subordinate in priority to another
bond.
junk bond. (1974) See high-yield bond.
leasehold-mortgage bond. A bond issued by a lessee
and secured by the lessee's leasehold interest.
Lloyd's bond. Hist. English law. A corporate bond issued
on work done or goods delivered . A bond issued in
this manner avoids any restriction on indebtedness
existing either in law or in corporate bylaws. The term
supposedly derives from an English lawyer named
Lloyd, who is credited with devising the method.
mortgage bond. A bond secured by the issuer's real
property.
multimaturity bond. See put bond.
municipal bond. (1858) A bond issued by a nonfed
eral government or governmental unit, such as a state
bond to finance local improvements . The interest
received from a municipal bond may be exempt from
federal, state, and local taxes. -Often shortened (in
plural) to municipals; munies. -Also termed munic
ipal security. Cf. ex legal municipal bond. [Cases:
Municipal Corporations C="o91 1.]
noncallable bond. See noncallable security under
SECURITY.
non-interest-bearing bond. See discount bond.
nonstatutory bond. See voluntary bond.
obligation bond. See general obligation bond.

205
open-end mortgage bond. A mortgage bond that can
be used as security for another bond issue.
optional bond. A bond that the holder may redeem
before its maturity date if the issuer agrees.
option tender bond. See put bond.
participating bond. A bond that entitles the holder to
a share of corporate profits but does not have a fixed
interest rate.
passive bond. A bond bearing no interest. See passive
debt under DEBT. [Cases: Bonds
perpetual bond. See annuity


no interest. See passive
debt under DEBT. [Cases: Bonds
perpetual bond. See annuity bond.
post-obit bond. An agreement by which a borrower
promises to pay to the lender a lump sum (exceeding
the amount advanced) upon the death of a person
whose property the borrower expects to inherit. -
Equity traditionally enforces such bonds only if the
terms are just and reasonable. Also termed post
obit agreement.
premium bond. (1871) A bond with a selling price above
face or redemption value. See PREMIUM (3).
put bond. A bond that gives the holder the right to
redeem it for full value at specified times before
maturity. -Also termed multimaturity bond; option
tender bond. Cf. put option under OPTION.
railroad-aid bond. A bond issued by a public body to
fund railway construction.
redeemable bond. A bond that the issuer may call for
payment. -Also termed callable bond.
re-funding bond. A bond that retires an outstanding
bond. [Cases: Municipal Corporations
registered bond. (1865) A bond that only the holder of
record may redeem, enjoy benefits from, or transfer to
another. Cf. bearer bond. [Cases: Bonds 86.]
reorganization bond. See adjustment bond.
revenue bond. A government bond repayable from
public funds. -Also termed improvement bond.
[Cases: Municipal Corporations C:::>950(15).]
savings bond. (1948) A nontransferable bond issued
by the U.S. government. -Also termed government
bond. [Cases: United States C:::>91.]
school bond. A bond issued by a city or school district
to fund school construction. [Cases: Schools
secured bond. (1849) A bond backed by some type of
security. Cf. DEBENTURE (1), (3). [Cases: Corporations
C:::>473.]
serial bond. (1889) A bond issued concurrently with
other bonds having different maturity dates.
series bonds. (1920) A group of bonds issued under the
authority of the same indenture, but offered publicly
at different times and with different maturity dates
and interest rates.
single bond. See bill obligatory under BILL (7). bonded debt
sinking-fund bond. A bond backed by a sinking fund
for bond redemption. See sinkingfund under FUND
(1). [Cases: Municipal Corporations
special-tax bond. A municipal bond secured by taxes
levied for a specific governmental purpose, usu.
improvements. -Also termed special-assessment
bond. [Cases: Municipal Corporations
state bond. A bond issued by a state.
147.1
statutory bond. A bond given in accordance with a
statute. [Cases: Bonds (;31,50.]
subordinated bond. See junior bond.
tax-exempt bond. A bond that pays tax-free interest.
[Cases: Internal Revenue C:::>3132.l0; Taxation
3410,3462.]
term bond. A bond that matures concurrently with
other bonds in that issue.
TIPS bond. See TREASURY BOND.
Treasury bond. See TREASURY BOND.
unsecured bond. See DEBENTURE (3).
voluntary bond. A bond not required by statute but
given anyway. -Also termed nonstatutory bond.
Z-bond. See accrual bond.
zero-coupon bond. (1979) A bond paying no interest.
-It is sold at a discount price and later redeemed
at face value, the profit being the difference. Also
termed passive bond. See zero-coupon security under
SECURITY.
bond, vb. (16c) 1. To secure payment by providing a bond
<at the creditor's insistence, Gabriel consolidated and
bonded his various loans>. 2. To provide a bond for (a
person) <the company bonded its off-site workers>.
bondable, adj. Capable of obtaining a bond to protect
another person; of or relating to a person whose record
is sufficiently clear of criminal convictions or other
evidence of questionable character that a bonding
agency would be willing to guarantee the person's
conduct. See BOND (2).
bond and mortgage. See BO:-.!D (3).
bond conversion. The exchange of a convertible bond
for another asset, usu. stock.
bond coupon. The part of a coupon bond that is clipped
by the holder and surrendered to obtain an interest
payment. See coupon bond under BOND (3).
bond covenant. A bond-indenture provision that protects
bondholders by specifying what the issuer mayor may
not do, as by prohibiting the issuer from issuing more
debt. See BOND INDENTURE (1).
bond creditor. See CREDITOR.
bond discount. See DISCOUNT (3).
bond dividend. See DIVIDEND.
bonded, adj. (1945) (Of a person or entity) acting under,
or placed under, a bond <a bonded court official>.
bonded debt. See DEBT.

bonded warehouse
bonded warehouse. See WAREHOUSE.
bond for a deed. See bond for land under BOND (2).
bond for deed. 1. See CONVEYANCE (6). 2. See BOND FOR
TITLE.
bond for land. See BOND (2).
bond for title. Real estate. The seller's retention of legal
title until the buyer pays the purchase price. Also
termed bond for deed. Cf. contract for deed under
CONTRACT. [Cases: Vendor and Purchaser
bond fund. See MUTUAL FUND.
bondhol4er. One who holds a government or business
bond.
bond indenture. (1891) 1. A contract between a bond
issuer and a bondholder outlining a bond's face value,
interest rate, maturity date, and other features. 2. A
mortgage held on specified corporate property to
secure payment of the bond.
bonding company. See COMPANY.
bond issue. See ISSUE (2).
bondman. See BONDSMAN (2).
bond of corroboration. See BOND (2).
bond premium. See PREMIUM (3).
bond rating. A system of evaluating and appraising the
investment value of a bond issue.
bond retirement. (1897) 1be cancellation of a bond that
has been called or paid.
bondsman. (Be) L One who guarantees a bond; a surety.
2. Rist. A serf or peasant; VILLEIN. Also termed (in
sense 2) bondman.
bond table. A schedule used in determining a bond's
current value by its coupon rate, its time to maturity,
and its effective yield if held to maturity.
bond trust. See TRUST.
bones gents (bohn jents). [Law French "good men"] Rist.
Qualified or competent persons; esp., men qualified to
serve on a jury.
bonification (bahn-d-fi-kay-sh;:m). A tax remission, usu.
on goods intended for export. -Bonification enables
a commodity to be sold in a foreign market as if it had
not been taxed.
boni homines (boh-m hom-d-neez). [Law Latin "good
men") Hist. Free tenants who judged each other in their
lord's court.
"[WJe may find traces of juries in the laws of all those
nations which adopted the feodal system, as in Germany,
France. and Italy; who had all of them a tribunal composed
of twelve good men and true, 'boni homines' .... " 3
William Blackstone. Commentaries on the Laws of England
349 (1768).
bonis cedere (boh-nis see-do:l-ree). [Latin "to cede one's
goods"] Civil law. A transfer or surrender of property,
usu. from a debtor to a creditor.
bonis non amovendis. See DE BONIS NON AMOVENDIS. 206
bonitarian (bahn-d-tair-ee-in), adj. Roman law. L Equi
table or beneficial. -Also termed bonitary. Cf. QUIRI
TARIAN. 2. Hist. Pertaining to or designating a property
interest governed by praetorian edict rather than civil
law. See edictum praetoris under EDICTUM.
bonitary (bahn-d-tair-ee-in), adj. Equitable; BONITAR
IAN (1).
bonitaryownership. See OWNERSHIP.
bono et malo (boh-noh et mal-oh). See DE BO:NO ET
MALO.
bonorum possessio contra tabulas (bd-nor-dm po:l-zes(hj
ee-oh kahn-trd tab-Yd-Ids). [Latin "possession of goods
contrary to the terms of the will "] Roman law. An order
authorizing the applicant to take possession of an estate
contrary to the testament. -Magistrates made such
orders in certain cases, as where a testator passed over a
daughter or an emancipated son who was not expressly
disinherited. The legacies in the will remained valid,
but if the testator passed over any male in the testator's
power (patria potestas), the will was invalidated and
intestacy resulted. -Also termed contra tabulas.
The Praetor could not affect the civil validity of a will; he
could not make or unmake a heres. He could. however, give
bonorum possessiO to a person, heres or not at civil law,
which gave him power to take possession of the goods by
appropriate steps, bonorum possessio contra tabu las .... "
WW. Buckland, A Text-Book of Roman Law from Augustus
to Justinian 324 (Peter Stein ed., 3d ed. 1963).
bonum factum (boh-ndm fak-tdm). [Latin] A good or
proper act or deed. -Abbr. b.f Also termed bene
factum.
bonus. (18c) 1. A premium paid in addition to what is due
or expected <year-end bonus>. -In the employment
context, workers' bonuses are not a gift or gratuity; they
are paid for services or on consideration in addition to
or in excess of the compensation that would ordinarily
be given. 2. BOUNTY (3). 3. Oil & gas. A payment that
is made in addition to royalties and rent as an incen
tive tor a lessor to sign an oil-and-gas lease <the lessee
received a large bonus at dosing>. [Cases: Mines and
Minerals ~79.l(2).]
"The amount of bonus paid, usually referred to as a per
acre amount. may fluctuate widely between properties. The
amount paid depends upon the nature of the development
activity in the vicinity. If the land is located in a semiproven
area, or in a logical extension of a proven field, the bonus
paid may be substantial." Richard W. Hemingway, The Law
of Oil and Gas  2.5, at 57 (3d ed. 1991).
performance bonus. A bonus given as a reward for out-
standing productivity.
bonus share. See bonus stock under STOCK.
bonus stock. See STOCK.
bonus zoning. See incentive zoning under ZONING.
boodle. Slang. Money paid as a bribe, usu. to a public
official.
boodling. Hist. Slang. Bribery. boodle, vb.
book, vb. (l3c) 1. To record in an accounting journal (as
a sale or accounting item) <Jenkins booked three sales
that day>. 2. To record the name of (a person arrested)

207
in a sequential list of police arrests, with details of the
person's identity (usu. including a photograph and a fin
gerprint), particulars about the alleged offense, and the
name of the arresting officer <the defendant was booked
immediately after arrest>. 3. To engage (someone) con
tractually as a performer or guest <although the group
was booked for two full performances, the lead Singer,
Raven, canceled and this action ensued>. See BOOKING
CONTRACT.
book account. See ACCOUNT.
book entry. (ISc) 1. A notation made in an account
ing journaL 2. The method of reflecting ownership
of publicly traded securities whereby a customer of a
brokerage firm receives confirmations of transactions
and monthly statements, but not stock certificates. See
CENTRAL CLEARING SYSTEM. [Cases: Brokers
26.]
book-entry bond. See BOND (3).
book equity. The percentage of a corporation's book
value allocated to a particular class of stock. Cf. BOOK
VALUE; MARKET EQUITY.
bookie. See BOOKMAKER.
booking contract. An agreement by which an actor or
other performer is engaged.
bookkeeping, n. (l7c) The mechanical recording of debits
and credits or the summarizing of financial informa
tion, usu. about a business enterprise. Cf. ACCOUNT
ING.
double-entry bookkeeping. A method of bookkeep-
in which every transaction recorded by a business
involves one or more "debit" entries and one or more
"credit" entries . The debit entries must equal the
credit entries for each transaction recorded.
single-entry bookkeeping. A method of bookkeeping in
which each transaction is recorded in a single record,
such as a record of cash or credit accounts.
bookland (buuk-Iand). Hist. Land held under royal
charter or deed; freehold land . This was a privileged
form of ownership (usu. free of the customary burdens
on land) generally reserved for churches and leaders.
Also spelled boc/and; bockland. -Also termed charter
land. Cf. LOANLAND; FOLKLAND.
"Charter-land is such as a man holds by charter, that is, by
evidence in writing, which otherwise is called freehold. ..
[Tlhis land was held with more easy and commodious con
ditions, than folkland and copy-hold land held without
writing; ... it is a free and absolute inheritance; whereas
land without writing is charged with payment and bondage;
so that for the most part noblem