:
Fraudulent Conveyances (:::::> 156-158.]
alien enemy. See ALIEN.
alien friend. See ALIEN.
alienigena (ay-lee-a-nij-a-na). [Latin1 Hist. An alien. C
INDIGENA.
alieni generis (ay-lee-ee-m [or al-ee-] jen-d-ris). [Latin]
Ofanother kind; ofa foreign kind.
alieni juris (ay-Iee-ee-nr [or al-ee-] joor-is), adj. [Latin]
Roman law. Subject to the power or authority of
another. Also spelled alieni iuris.
alien immigrant. See IMMIGRANT.
alienism. The state, condition, or character of an alien.
alienist. (1864) Archaic. A psychiatrist, esp. one who
assesses a criminal defendant's sanity or capacity to
stand trial.
alienor (ay-Iee-<l-nar or -nor), n. (16c) One who trans
fers or conveys property to another. Also termed
disponor. alimony
Alien Tort Claims Act. A section in the Judiciary Act
of 1789 giving federal courts jurisdiction to hear tort
claims brought by foreigners who allege a violation of
international law or a treaty to which the United States
is a party. 28 USCA  1350. The statute was largely
dormant until the 1980s, when it was invoked in several
cases involVing torture, disappearances, or killings
committed by non-Americans in foreign countries.
See, e.g., Filartiga v. Pena-Irala, 630 F.2d 876 (2d Cir.
1980). Later, alien plaintiffs began using the law to sue
large corporations and the United States government
or those acting at the government's direction. See, e.g.,
Sosa v. Alvarez-Machain, 542 U.S. 692, 124 S.Ct. 2739
(2004); Bano v. Union Carbide Corp., 273 F.3d 120 (2d
Cir. 2001). Also termed Alien Tort Statute. [Cases;
Aliens, Immigration, and Citizenship (:::::>760-766.]
alienus (ay-Iee-or al-ee-ee-nas), adj. [Latin] Roman law.
Belonging to another. Alienus homo means "another'S
slave."
aliment. Scots law. The financial support that an indigent
person is entitled to receive from a spouse or, ifunmar
ried, from a relative or relatives in a prescribed order,
beginning with the person's children. Also termed
(in English law) alimony.
alimenta (al-a-men-td). [Latin] Roman law. Things nec
essary to sustain life, such as food and clothing.
alimentary-canal smuggling. See SMUGGLING.
alimony (al-a-moh-nee). (17c) 1. A court-ordered allow
ance that one spouse pays to the other spouse for
maintenance and support while they are separated,
while they are involved in a matrimonial lawsuit, or
after they are divorced . Alimony is distinct from a
property settlement. Alimony payments are taxable
income to the receiving spouse and are deductible by
the payor spouse; payments in settlement of property
rights are not. The Supreme Court has held unconsti
tutional a statute that imposed alimony obligations on
the husband only. Orr v. Orr, 440 U.S. 268, 99 S.Ct. 1102
(1979). -Also termed spousal support; maintenance.
Cf. CHILD SUPPORT; DIVORCE AGREEMENT. [Cases:
Divorce (:::::>208,230.]
"'Alimony,' which signifies literally nourishment or suste
nance, means, in a general sense, the allowance required
by law to be made to a spouse from the other spouse's
estate for support or maintenance, either during a matri
monial suit or at its termination, where the fact of marriage
is established and the right to a separate maintenance is
proved. Similarly stated, alimony is the allowance which
a party may be compelled to pay to his or her spouse for
maintenance when they are living apart or after they have
been divorced." 278 CJS Divorce  306, at 102-03 (1986).
alimony in gross. Alimony in the form of a Single and
definite sum not subject to modification. -Also
termed lump-sum alimony. [Cases: Divorce (:::::>
241.]
alimony pendente lite (pen-den-tee II-tee). [Latin
pendente lite "pending litigation"] See temporary
alimony.
final alimony. See permanent alimony.

86 alimony trust
lump-sum alimony. See alimony in gross.
periodic alimony. See permanent alimony.
permanent alimony. Alimony payable in usu. weekly
or monthly installments either indefinitely or until a
time specified by court order . This kind ofalimony
may usu. be modified for changed circumstances of
either party. It terminates upon the death of either
spouse and usu. upon the remarriage ofthe obligee.
Also termed final alimony; periodic alimony. [Cases:
Divorce (-.>230.]
provisional alimony. See temporary alimony.
rehabilitative alimony. Alimony found necessary to
assist it divorced person in acquiring the education
or training required to find employment outside
the home or to reenter the labor force . It usu. has
time limitations, such as a maximum ofone or two
years. Also termed short-term alimony; transitional
alimony. [Cases: Divorce C=>247.]
reimbursement alimony. Alimony deSigned to repay a
spouse who during the marriage made financial con
tributions that directly enhanced the future earning
capacity ofthe other spouse . An example is alimony
for a wife who worked full-time supporting herself
and her husband with separate-property earnings
while he earned a medical degree. [Cases: Divorce
temporary alimony. Interim alimony ordered by the
court pending an action for divorce or separation
in which one part y has made a claim for permanent
alimony. Also termed provisional alimony; alimony
pendente lite; allowance pendente lite. [Cases: Divorce
C=>208.]
transitional alimony. See rehabilitative alimony.
2. English law. ALIMENT.
alimony trust. See TRUST.
alio intuitu (ay-Iee-oh in-t[y]oO-,H[y]oo), adv. [Latin
"under a different aspect"] In a different view; with
respect to another case or condition.
alioquisuccessurus (ay-Iee-oh-kwI s;lk-ses-;l-r;ls). [Latin]
Hist. (Of an heir) otherwise entitled to succeed . The
phrase appeared in reference to an heir who would have
succeeded to the property by law, even without a deed
granting succession rights. Also spelled alioquin
successurus.
"In the general case, an heir who succeeds to an estate,
incurs by his succession liability for the debts and obliga'
tions of his ancestor .... But if the heir succeeding to the
estate can take it up in a different character from that of
heir of the last proprietor, if he be alioqui successuyus,
such liability is not incurred." John Trayner, TrayneY's Latin
Maxims 38 (4th ed. 1894).
aliqualis probatio (al-i-kway-lis proh-bay-shee-oh).
[Law Latin] Hist. proof of some sort.  The phrase
referred to evidence that, although not meeting strict
legal requirements, was the best available under the
circumstances. aliquot (al-;l-kwot), adj. (16c) Contained in a larger
whole an exact number of times; fractional <5 is an
aliquot part of30>.
aliquot-part rule. (1947) The principle that a person
must intend to acquire a fractional part ofthe owner
ship ofproperty before a court can declare a resulting
trust in the person's favor. [Cases: Trusts C=>62-90.]
aliter (al-;l-t;lr). [Latin] Otherwise; it would be other
wise.
"If I trespass on another's land, and make an excavation
there Without leaving any rubbish on the land, the trespass
ceases as soon as I leave the land, and does not continue
until I have filled the excavation up again. Consequently
only one action will lie, and in it full damages are recov
erable for both the past and the future. Aliter if I have
brought a heap of soil and left it on the plaintiff's land:
R.F.V. Heuston, Salmond on the Law ofTorts 42 (17th ed.
1977).
ALI test. See SUBSTANTIAL-CAPACITY TEST.
aliud (ay-Iee-;ld). [Latin] Something else; another
thing.
aliud examen (ay-Iee-;ld ig-zay-man). [Latin "another
investigation" or "another trial "] A different or foreign
mode of triaL
aliud simulatum, aliud actum (ay-Iee-;ld sim-y;l-lay
t;lm, ay-lee-;ld ak-t;lm). [Latin] Hist. One thing pre
tended, another thing done.
aliunde (ay-Iee-y;m-dee), adj. [Latin] (17c) From another
source; from elsewhere <evidence aliunde>. See extrin
sic evidence under EVIDENCE.
aliunde rule. (1943) Evidence. The doctrine that a verdict
may not be impeached by a juror's testimony unless a
foundation for the testimony is first made by competent
evidence from another source. [Cases: Criminal Law
C=>957; Federal Civil Procedure New Trial
C=>143; Trial C=>344.]
ALJ. abbr. ADMINISTRATIVE-LAW JUDGE.
all and singular. (16c) Collectively and individually.
all-claims rule. Patents. 1he now-abandoned doctrine
that a patent is invalid unless every inventor named
in the patent made an inventive contribution to every
claim in the patent . Section 116 of the Patent Act
now expressly provides that inventors may apply for
a patent jointly even though each did not make a con
tribution to the subject matter ofevery claim. [Cases:
Patents
allegata (al-;l-gay-t;l). [Latin] pl. ALLEGATUM.
allegatio falsi (al-;l-gay-shee-oh fal-s! or fawl-sI). [Latin]
Hist. An untrue allegation. Cf. EXPRESSIO FALSI.
allegation, n. (15c) 1. The act ofdeclaring something to
be true. 2. Something declared or asserted as a matter of
fact, esp. in a legal pleading; a party's formal statement
of a factual matter as being true or provable, without
its having yet been proved. -allege, vb.
defensive allegation. Eccles. law. A defendant's
response in an ecclesiastical action; speci., a defen
dant's pleading of the facts relied upon that require

87 alliance
the plaintiff's response under oath. Cf. primary alle
gation (2).
"The proceedings in the ecclesiastical courts are therefore
regulated according to the practice ofthe civil and canon
laws .... [Tlheir ordinary course of proceeding is; first, by
citation, to call the party injuring before them. Then ... to
set forth the complainant's ground of complaint. To this
succeeds the defendant's answer upon oath; when, if he
denies or extenuates the charge, they proceed to proofs
by witnesses examined, and their depositions taken down
in writing, by an officer of the court. if the defendant has
any circumstances to offer in his defence, he must also
propound them in what is called his defenSive allegation,
to which he is entitled in his turn to the plaintiff's answer
upon oath, and may from thence proceed to proofs as well
as his antagonist." 3 William Blackstone, Commentaries on
the Laws ofEngland 100 (1768).
disjunctive allegation. (1814) A statement in a pleading
or indictment that expresses something in the alter
native, usu. with the conjunction "or" <a charge that
the defendant murdered or caused to be murdered is
a disjunctive allegation>. [Cases: Federal Civil Pro
cedure (;:=:>675; Indictment and Information
Pleading (;:=:>20, 53.]
material allegation. (18c) In a pleading, an assertion
that is essential to the claim, charge, or defense <a
material allegation in a battery case is harmful or
offensive contact with a person>.
primary allegation. (1847) 1. The principal charge
made against an adversary in a legal proceeding.
2. Eccles. law. The opening pleading in an action in
ecclesiastical court. -Also termed primary plea. Cf.
defensive allegation. 3. Eccles. law. The entire state
ment offacts to be used in a contested suit.
allegation of faculties. Family law. Archaic. A state
ment detailing a husband's or wife's property, made
by a spouse who seeks alimony. See FACULTIES.
allegation of use. See amendment to allege use under
TRADEMARK APPLICATION AMENDMENT.
allegations-of-the-complaint rule. See EIGHT-CORNERS
RULE.
allegatum (al-"-gay-t,,m), n. [Latin] A fact alleged in a
pleading; ALLEGATION. PL allegata. Cf. PROBATUM.
alleged (,,-lejd), adj. (15c) 1. Asserted to be true as
des


UM.
alleged (,,-lejd), adj. (15c) 1. Asserted to be true as
described <alleged offenses>. 2. Accused but not yet
tried <alleged murderer>.
allegiance. 1. A citizen's or subject's obligation offidelity
and obedience to the government or sovereign in return
for the benefits of the protection of the state. Alle
giance may be either an absolute and permanent obli
gation or a qualified and temporary one.
acquired allegiance. The allegiance owed by a natural
ized citizen or subject.
actual allegiance. The obedience owed by one who
resides temporarily in a foreign country to that
country's government . Foreign sovereigns, their
representatives, and military personnel are typically
excepted from this requirement. -Also termed local
allegiance. natural allegiance. The allegiance that native-born
citizens or subjects owe to their nation.
permanent allegiance. The lasting allegiance owed to
a state by its citizens or subjects.
temporary allegiance. The impermanent allegiance
owed to a state by a resident alien during the period
of residence.
2. Hist. A vassal's obligation to the liege lord. See
LIEGE.
all-elements rule. Patents. The principle that under the
doctrine ofequivalents, there can be no patent infringe
ment ifeven one element ofa claim or its eqUivalent is
not present in the accused device . This rule acts to
limit the doctrine of eqUivalents and prevent the doc
trine's application to an entire claim, rather than the
claim's constituent elements. Also termed all-limi
tations rule; rule against vitiation ofa claim element.
Cf. ALL-STEPS RULE, INHERENCY DOCTRINE. [Cases:
Patents (;:=:>226.6.]
Allen charge. (1940) Criminal procedure. A supplemen
tal jury instruction given by the court to encourage a
deadlocked jury, after prolonged deliberations, to reach
a verdict. Allen v. United States, 164 U.S. 492, 17 S.Ct.
154 (1896). -Also termed dynamite charge; dynamite
instruction; nitroglycerine charge; shotgun instruction;
third-degree instruction. [Cases: Criminal Law
865(1.5).]
aller a Dieu (a-lay" dyuu or dyoo). [Law French] To
go to God . This phrase prays for the case to be dis
missed from court. Sometimes spelled aler aDieu.
Cf. ADIEU.
aller sans jour (a-lay san zhoor). [Law French] To go
without day . This phrase prays for a final dismissal
of a case. Also spelled aler sans jour. See GO HENCE
WITHOUT DAY; ADEU.
all-estate clause. See ALL-THE-ESTATE CLAUSE.
all-events test. (1954) Tax. A requirement that all
events fixing an accrual-method taxpayer's right to
receive income or incur expense must occur before
the taxpayer can report an item ofincome or expense.
[Cases: Internal Revenue (;:=:>3373.]
alleviare (,,-lee-vee-air-ee), vb. [Law Latin] To levy or
pay a fine or composition.
all faults, with. See AS IS.
all fours. See ON ALL FOURS.
all-holders rule. Securities. 1. An SEC rule that prohibits
a public offering by the issuer of shares to some, but
not all, ofthe holders of a class of shares. 2. An SEC
rule requiring a tender offeror to make its offer to all
the target company's shareholders. [Cases: Securities
Regulation (;:=:>52.30-52.50.]
alliance. 1. A bond or union between persons, families,
states, or other parties. Cf. STRATEGIC ALLIANCE. 2.
Int'llaw. A union or association of two or more states
or nations, usu. formed by league or treaty, esp. for
jointly waging war or mutually protecting against and

88 allied offense
repelling hostile attacks . An example is the North
Atlantic Treaty Organization (NATO). Cf. DETENTE;
ENTENTE.
allied offense. See OFFENSE (1).
all-inclusive mortgage. See wraparound mortgage under
MORTGAGE.
allision (;J-lizh-.;m), n. Maritime law. The contact of a
vessel with a stationary object such as an anchored
vessel or a pier . In modern practice, "collision" is
often used where "allision" was once the preferred
term. Cf. COLLISION. [Cases: Shipping C:=>81.] allide
(;J-hd), vb.
all-limitations rule. See ALL-ELEMENTS RULE.
allocable (al-;J-k;J-b;Jl), adj. Capable ofbeing allocated.
allocation, n. (16c) A designation or apportionment for
a specific purpose; esp., the crediting ofa receipt or the
charging of a disbursement to an account <allocation
offunds>. allocate, vb. -allocable, adj. alloca
tor, n.
allocatione facienda (al-;J-kay-shee-oh-nee fay-shee
end;J), n. See DE ALI.OCATIONE FACIENDA.
allocatur (al-;J-kay-t;Jr). [Law Latin] It is allowed .
This word formerly indicated that a writ, bill, or other
pleading was allowed. It is still used today in Pennsyl
vania to denote permission to appeal. -Also termed
allogatur.
special allocatur. An allowance ofa writ (such as a writ
of error) that is legally required in certain cases.
allocute (al-;J-kyoot), vb. To deliver an allocution in
court.
allocution (al-<lkyoo-sh;Jn), n. Criminal procedure. 1. A
trial judge's formal address to a convicted defendant,
asking him or her to speak in mitigation ofthe sentence
to be imposed . This address is required under Fed. R.
Crim. P. 32(c)(3)(C). 2. An unsworn statement from a
convicted defendant to the sentencing judge or jury in
which the defendant can ask for mercy, explain his or
her conduct, apologize for the crime, or say anything
else in an effort to lessen the impending sentence.
This statement is not subject to cross-examination.
[Cases: Sentencing and Punishment V-~J_'J'I
victim allocution. A crime victim's address to the court
before sentencing, usu. urging a harsher punishment.
[Cases: Sentencing and Punishment C:=>361.]
allocutory (;)-lok-y;J-tor-ee), adj. Of or relating to an
allocution <allocutory pleas for mercy>.
allocutus. See ARREST OF JUDGMENT.
allod (al-;Jd), n. Hist. The domain ofa household.
allodial (<l-loh-dee-;J!), adj. (17c) Held in absolute owner
ship; pertaining to an allodium. -Also spelled alodial.
Cf. FEUDAL. allodially, adv.
'The term -alodial' originally had no necessary reference
to the mode in which the ownership of land had been con
ferred; it simply meant land held in absolute ownership,
not in dependence upon any other body or person in whom
the proprietary rights were supposed to reside, or to whom
the possessor of land was bound to render service. It would thus properly apply to the land which in the original settle
ment had been allotted to individuals, while bookland was
primarily applicable to land the title to which rested on
a formal grant. Before long, however, the words appear
to have been used synonymously to express land held in
absolute ownership, the subject of free disposition inter
vivos or by will." Kenelm E. Digby, An Introduction to the
History of the Law ofReal Property 11-12 (5th ed. 1897).
allodium (;)-loh-dee-<lm), n. (17c) An estate held in
fee simple absolute. -Also spelled alodium. Also
termed alod; alode. [Cases: Estates in PropertyC:=>5.]
"In this country. one who has full ownership of land is said
to own it allodially that is, free of feudal services and
incidents." Thomas F. Bergin & Paul G. Haskell, Preface to
Estates in Land and Future Inteyests 18 (2d ed. 1984).
allogatur. See ALLOCATUR.
allograph (al-;)-graf). (1954) An agent's writing or sig
nature for the principal.  This is the antonym ofauto
graph. [Cases: Principal and Agent C:=> 132(1).]
allonge (a-Iawnzh). (1859) A slip of paper sometimes
attached to a negotiable instrument for the purpose
of receiving further indorsements when the original
paper is filled with indorsements . Former UCC
 3-202 required that indorsements be made on the
instrument unless there was no space -and only then
could an allonge be used. Current 3-3-204(a) eliminates
that requirement and provides that "a paper affixed to
the instrument is part of the instrument." The UCC
comment makes it clear that the allonge is valid even
ifspace is available on the instrument. [Cases: Bills and
Notes C:=> 183.)
all-or-none offering. See OFFERING.
all-or-none order. See ORDER (8).
all-or-nothing rule. (1954) A gloss on the rule against
perpetuities holding that a class gift is invalid in its
entirety if it is invalid in part.  The effect is to invali
date a class member'S interest even ifit vests within the
period of the rule because it may be subject to partial
divestment by the remote interest of another class
member.
allotment, n. (16c) 1. A share or portion of something,
such as property previously held in common or shares
in a corporation, or time assigned to speakers or sides
in a deliberative assembly. [Cases: Common Lands
14.]2. In American Indian law, the selection ofspecific
land awarded to an individual allottee from a com man
holding. [Cases: Indians C:=> 161.] allot, vb.
allotment certificate. Securities. A document that records
the essential elements ofa subscription ofshares, such
as how many shares are to be purchased, the price to be
paid, and the payment and delivery schedule.
allotment note. English law. A seaman's written assign
ment ofa portion ofhis wages to a wife, parent, grand
parent, or sibling. These notes are governed by the
Merchant Shipping Act of 1970,  13(1).
allotment system. English law. The practice of dividing
land into small portions for cultivation by agricultural
laborers and others.

89 allurement
allottee. One to whom an allotment is made; a recipient
of an allotment.
allowable state. Patents. Ofa patent claim, the condition
of containing patentable subject matter in an accept
able form.
allowance. (l4c) 1. A share or portion, esp. of money that
is assigned or granted.
allowance pendente lite. See temporary alimony under
ALIMONY.
backhaul allowance. A price discount given to custom
ers who get their goods from a seller's warehouse as a
reflection ofthe seller's freight-cost savings.
family allowance. (1869) A portion ofa decedent's estate
set aside by statute for a surviving spouse, children, or
parents, regardless of any testamentary disposition or
competing claims . Every state has a statute autho
rizing the probate court to award an amount for the
temporary maintenance and support ofthe surviving
spouse (and often for dependent children). The allow
ance may be limited for a fixed period (18 months
under the Uniform Probate Code) or may continue
until all contests are resolved and a decree of distri
bution is entered. This support, together with probate
homesteads and personal-property allowances, is in
addition to whatever interests pass by the will or by
intestate succession. See probate homestead under
HOMESTEAD. Cf. spousal allowance. [Cases: Execu
tors and Administrators (;::J 173-201.]
gratuitous allowance. A pension voluntarily granted
by a public entity . The gratuitous (rather than con
tractual) nature of this type of allowance gives the
pensioner no vested rights in the allowance. [Cases:
Officers and Public Employees (;::J 101.5(1).]
spousal allowance. (1985) A portion of a decedent's
estate set aside by statute for a surviving spouse,
regardless of any testamentary disposition or com
peting claims. This allowance is superior to the
claims of general creditors. In some states, it is even
preferred to the expenses ofadministration, funeral,
and last illness ofthe spouse. Also termed widow's
allowance: widower's allowance. See probate home
stead under HOMESTEAD. Cf.Jamily allowance. [Cases:
Executors and Administrators (;::J 173-201.]
widower's allowance. See spousal allowance.
widow'S allowance. See spousal allowance.
2. The sum awarded by a court to a fiduciary as payment
for services. 3. A deduction.
depletion allowance. A tax deduction for the owners of
oil, gas, mineral, or timber resources corresponding
to the reduced value of the property resulting from
the removal of the resource. [Cases: Internal Revenue
(;::J3490, 3501, 3504.J
4. Archaic. A special sum that a court awards to the
prevailing party in addition to the usual costs ofcourt,
esp. in a difficult case. -Also termed extra allowance;
special allowance. 5. Patents. The U.S. Patent and Trade
mark Office's decision to issue a patent to an applicant: specif., the patent examiner'S approval of at least one
of an application's claims . Once a Notice of Allow
ance is sent, the inventor must


iner'S approval of at least one
of an application's claims . Once a Notice of Allow
ance is sent, the inventor must pay an issue fee before
the PTO issues the patent. [Cases: Patents 107.] 6.
Trademarks. The U.S. Patent and Trademark Office's
decision to approve a trademark for which the applica
tion was made under  l(b) of the Lanham Act.  If a
trademark application made under  l(b) is approved
by the PTO, the Office publishes the mark and -unless
it is successfully opposed -issues a certificate of reg
istration and publishes notice ofthe registration in the
Official Gazette. [Cases: Trademarks (;::J 1287.]
allowed application. See PATENT APPLICATION.
allow the appeal. See REVERSE.
alloynour (d-loy-ndr). [Law French] Hist. One who
conceals, steals, or furtively carries off something.
all-purpose public figure. See PUBLIC FIGURE.
all rights reserved. Copyright. A phrase required as part
of a valid copyright notice under the Buenos Aires
Convention . Because other international copyright
treaties do not require the phrase, and all signatories
to the Buenos Aires Convention are parties to other
treaties, the phrase is now surplusage. [Cases: Copy
rights and Intellectual Property (;::J50.1(2).j
all-risk insurance. See INSURANCE.
all-steps rule. Patents. The doctrine that in order for a
method or process claim to be literally infringed by an
accused process, the accused process must have every
step and limitation-or an equivalent-of the infringed
claim. Cf. ALL-ELEMENTS RULE. [Cases: Patents (;::J
229.]
all substantial rights. Patents. Every right in a patent
(whether or not held by the grantor) that is of value
when the patent rights or an undivided interest in a
patent is transferred . A transfer is not a transfer of
all substantial rights to a patent if: (1) it is territorially
restricted; (2) its term is less than the patent term; (3)
it contains field-of-use limitations; or (4) it does not
convey rights to all claims in the patent. [Cases: Patents
(;::J202(1).]
all-the-estate clause. English law. The provision in a con
veyance transferring "all the estate, right, title, interest,
claims, and demand" of the grantor in the property
conveyed. Also termed all-estate clause.
"It was also usual before 1882 to add what was called an
'all estate clause' with the object of ensuring that the entire
interest of the grantor should be transferred. This was as
a matter of fact quite ineffective to transfer anything that
would not pass automatically, and it is now omitted in
reliance on the enactment that, unless a contrary inten
tion is expressed, every conveyance is effectual to pass all
the estate, right, title, interest, claim, and demand which
the conveying parties respectively have in, to, or on the
property." C.c. Cheshire, Modem Law of Real Property
679-80 (3d ed. 1933).
allurement. (1873) Torts. An attractive object that tempts
a trespassing child to meddle when the child ought to
abstain. See ATTRACTIVE-NUISANCE DOCTRINE. Cf.

90 alluvial mining
attractive nuisance under NUISANCE. [Cases: Negli
gence (>1l72-1178.]
alluvial mining. (1894) The practice of removing sand
and gravel from a riverbed.
alluvio maris (a-Ioo-vee-oh mar-is). [Latin "alluvion of
the sea"] The formation ofsoil or land from the sea.
alluvion (a-Ioo-vee-an). [fro Latin alluvio "flood"] (16c)
Roman & civil law. 1. Strictly, the flow or wash ofwater
against a shore or riverbank. 2. An accumulation of
soil, clay, or other material deposited by water; esp.,
in land law, an addition ofland caused by the buildup
of deposits from running water, the added land then
belonging to the owner of the property to which it is
added. -Also termed alluvium. 3. Louisiana law. An
accumulation ofsoil, clay, or other material deposited
on the bank of a river . In Louisiana, lands formed
on a seashore or the bank of a navigable lake are not
alluvion. They belong to the state rather than the
riparian owners. Cf. ACCRETION (1); AVULSION (2);
DELICTION; EROSION. [Cases: Waters and Water Courses
(>92,93.] -alluvial, adj. -alluviate, vb. -alluvia
tion, n.
alluvium. See ALLUVION (2).
All Writs Act. A federal statute that gives the U.S.
Supreme Court and all courts established by Congress
the power to issue writs in aid oftheir jurisdiction and
in conformity with the usages and principles oflaw. 28
USCA  1651(a). [Cases: Federal Courts (>10.1.]
ally. Int'llaw. 1. A nation tied to another by treaty or
alliance. 2. A citizen or subject ofan allied nation.
almaria (al-mair-ee-a). [Latin "cupboard, bookcase"]
The archives of a church or library. -Also termed
armaria.
almoign (al-moyn). [Law French "alms"] 1. Alms;
a church treasury; an ecclesiastical possession. 2.
FRANKALMOIN.
almoin. See FRANKALMOIN.
almoner (al-ma-nar). A person charged with distribut
ing the alms of a monarch, religious house, or other
institution. This office was first instituted in religious
houses and although formerly one of importance is now
almost a sinecure.
alms (ahmz or ahlmz). Charitable donations; any type
of relief bestowed on the poor.
alms fee. Hist. A fee held by frankalmoin. See FRANKA
LMOIN.
almshouse. Archaic. A dwelling for the publicly or pri
vately supported poor ofa city or county.
alms land. Hist. Land held in frankalmoin. See FRANKA
LMOIN.
alnager (al-na-jar). [Law Latin] Hist. A royal official
responsible for collecting taxes (the alnage) on woolen
cloth. The tax was abolished in 1699.
alod. See ALLODIUM.
alode. See ALLODIUM. alodium. See ALLODIUM.
a lour foy (ah loor fwah). [Law French "in their faith"]
In their allegiance.
alpha subclass. Patents. In U.S. patent law, a patent clas
sification that has an alphabetic suffix.
alpha testing. Intellectual property. The first phase of
operational experimenting with a software program
before the program's production release, usu. at the
developer's site . Often, alpha testing involves only
modular or component testing and not system testing.
Alpha testing is usu. followed by beta testing, in which
the entire system is tested at a customer's site before
the product is released to the general public. Cf. BETA
TESTING.
ALTA. abbr. American Land Title Association.
alta proditio (al-ta proh-dish-ee-oh). [Law Latin] See
TREASON.
altarage (awl-tar-ij). Eccles. law. 1. The offerings made
upon an altar or to a church. 2. An endowment or hon
orarium received by a priest for services performed at
the altar.
alta via (al-ta VI-a). [Law Latin] A highway.
alteration. 1. Property. A substantial change to real
estate, esp. to a structure, usu. not involving an addition
to or removal of the exterior dimensions of a build
ing's structural parts . Although any addition to or
improvement of real estate is by its very nature an
alteration, real-estate lawyers habitually use alteration
in reference to a lesser change. Still, to constitute an
alteration, the change must be substantial- not simply
a trifling modification.
structural alteration. (1905) A Significant change to
a building or other structure, essentially creating a
different building or structure.
2. An act done to an instrument, after its execution,
whereby its meaning or language is changed; esp., the
changing ofa term in a negotiable instrument without
the consent of all parties to it.  Material alterations
void an instrument, but immaterial ones do not. An
alteration is material if it (1) changes the burden of a
party (as by changing the date, time, place, amount,
or rate of interest), (2) changes the liabilities or duties
of any party (as by adding or removing the name of
a maker, drawer, indorser, payee, or cosurety), or (3)
changes the operation of the instrument or its effect in
evidence (as by adding words or negotiability, changing
the form of an indorsement, or changing the liability
from joint to several). [Cases: Alteration ofInstruments
(>1-30.]
"With respect to written instruments, 'alteration' gener
ally means a change in an instrument's sense of language
caused by a party to the instrument, and does not include
such changes by non-parties or 'strangers' to the instru
ment. Although the distinction is not always observed,
technically an alteration by a non-party or stranger to
the instrument is a 'spoliation,' not an alteration, which
does not invalidate it or change the rights or liabilities
of the parties in interest, so long as the original writing

91
remains legible." 4 Am. Jur. 2d Alteration of Instruments
 1 (1995).
material alteration. (l7c) 1. A significant change in
something; esp., a change in a legal instrument suffi
cient to alter the instrument's legal meaning or effect.
[Cases: Alteration ofInstruments C=>1.] 2. An unau
thorized change in an instrument or an addition to an
incomplete instrument resulting in the modification
ofa party's obligations. UCC  3-407. lCases: Altera
tion ofInstruments C=>1-30.]
altercation. A vehement dispute; a noisy argument.
"altercation. The traditional view is that this word refers
to 'a noisy brawl or dispute,' not rising to the seriousness
of physical violence .... But in AmE, the word now often
denotes some type of scuffling or fighting, especially in
police jargon." Bryan A. Garner, A Dictionary of Modern
American Usage 34 (1998).
alter ego. (1879) A corporation used by an individual
in conducting personal business, the result being
that a court may impose liability on the individual by
piercing the corporate veil when fraud has been perpe
trated on someone dealing with the corporation. See
PIERCING THE CORPORATE VEIL. [Cases: Corporations
C=> 1.4(4).J
alter-ego rule. (1939) 1. Corporations. The doctrine that
shareholders will be treated as the owners of a cor
poration's property, or as the real parties in interest,
whenever it is necessary to do so to prevent fraud or to
do justice. [Cases: Corporations C=>1.4(4).]2. Criminal
law. The principle that one who defends another against
attack stands in the position of that other person and
can use only the amount offorce that the other person
could use under the circumstances. [Cases: Assault and
Battery Homicide C=>757.]
altering or amending a judgment. A trial court's act of
correcting a substantive mistake in a judgment, as by
correcting a manifest error of law or fact. Fed. R. Civ.
P. 59(e). [Cases: Federal Civil ProcedureC=>2641-2662;
. Judgment
alternat (awl-tC)r-nit or al-ter-nah). [French] The rotation
in precedence among states, diplomats, etc., esp. in the
signing of treaties. -This practice gives each diplomat a
copy ofthe treaty with the diplomat'S Signature appear
ing first.
alternate. Parliamentary law. A proxy for a delegate, usu.
chosen in the same manner as the delegate rather than
chosen by the delegate. See DELEGATE (2); PROXY (1).
alternate legacy. See LEGACY.
alternate valuation date. Tax. The date six months after
a decedent's death. -Generally, the estate can elect to
appraise the decedent's property either as of the date
of the decedent's death or as ofthe alternate valuation
date. See BASIS. [Cases; Internal Revenue C=>4184.20;
Taxation
alternatim (al-tC)r-nay-tim or awl-), adv. [Latin] Inter
changeably; by turns.
Alternative Agricultural Research and Commercializa
tion Corporation. A federally chartered corporation alternative promise
in the U.S. Department of Agriculture responsible
for funding the development and marketing of new
nonfood products made from farm and forestry mate
rials. Abbr. AARCC.
alternative constituency. See NONSHAREHOLDER CON
STITUENCY.
alternative contract. See CONTRACT.
alternative devise. See DEVISE.
alternative dispute resolution. (1978) A procedure for
settling a dispute by means other than litigation, such
as arbitration or mediation. -Abbr. ADR. Also
termed dispute resolution. See ARBITRATION; MEDIA
TION. [Cases: Alternative Dispute Resolution
441,500.]
"ADR can be defined as encompassing all legally permitted
processes ofdispute resolution other than litigation. While
this definition (or something like it) is widely used, ADR
proponents may object to it on the ground that it privi
leges litigation by giving the impression that litigation is
the normal or standard process ofdispute resolution, while
alternative processes are aberrant or deviant. That impres
sion is false. litigation is a relatively rarely used process
of dispute resolution. Alternative processes, especially
negotiation, are used far more frequently. Even disputes
involving lawyers are resolved by negotiation far more
often than litigation


used far more frequently. Even disputes
involving lawyers are resolved by negotiation far more
often than litigation. So ADR is not defined as everything
butlitigation because litigation is the norm. Litigation is
not the norm. ADR is defined as everything-butlitigation
because litigation, as a matter of law, is the default process
of dispute resolution." Stephen J. Ware, Alternative Dispute
Resolution  1.5, at 5-6 (2001).
alternative expression. Patents. In a patent claim, a
recitation of two or more elements or limitations
that perform the same function <iron, steel, or other
magnetic material> . Although once contrary to U.S.
Patent and Trademark Office policy, alternative expres
sions are now permitted ifthey present no uncertainty
or ambiguity about the scope or clarity of the claims.
Also termed alternative language. [Cases: Patents
101(5).]
alternative judgment. See JUDGMENT.
alternative liability. See LIABILITY.
alternative mandamns. See MANDAMUS.
alternative-means doctrine. (1968) Criminal law. The
principle that when a crime may be committed in
more than one way, the jury must be unanimous on
the defendant's guilt but need not be unanimous on the
possible different methods of committing the crime, as
long as each possible method is supported by substan
tial evidence. [Cases: Criminal Law C=>872.5.]
alternative-methods-of-performance contract. See
alternative contract under CONTRACT.
alternative minimum tax. See TAX.
alternativeness rejection. See REJECTION.
alternative obligation. See OBLIGATION.
alternative order. 1. ORDER (2). 2. ORDER (8).
alternative pleading. See PLEADING (2).
alternative promise. See PROMISE.

92 alternative relief
alternative relief. See RELIEF.
alternative remainder. See REMAINDER.
alternative sentence. See SENTENCE.
alternative writ. See WRIT.
altern is vicibus (al-t3r-nis vis-i-b ..s). [Law Latin] Hist.
Eccles. law. By turn; alternately. _ The patrons of two
united churches could exercise their right ofpresenta
tion to a benefice alternis vicibus.
alterum non laedere (al-t3r-3m [orawl-] non lee-d3-ree).
[Latin "not to injure another"] Roman & civil law. To
hurt no one by word or deed. _ This was one of the
three ge~eral precepts in which Justinian expressed the
requirements ofthe law (Digest 1.1.10.1; Institutes 1.1.3).
Cf. HONESTE VIVERE; SUUM CUIQUE TRIBUERE.
alteruter (al-t3r-yoo-t3r or awl-). [Law Latin] One oftwo;
either.
altius non tollendi (al-shee-3s non t3-1en-dr). [Latin "of
not raising higher"] Roman & civil law. A servitude
prohibiting a landowner from building a house above
a certain height.
altius tollendi (al-shee-3s t .. -Ien-dI). [Latin "of raising
higher"] Roman & civil law. A servitude that allows a
landowner to build a house as high as desired.
alto et basso. See DE ALTO ET BASSO.
altum mare (al-t3m mair-ee or mahr-ee), n. [Law Latin]
Hist. The high seas; the deep seas.
a lui et a ses heritiers pour toujours (a lwee ay a sayz
e-ree-tyay poor too-zhoor). [Law French] To him and
his heirs forever. See and his heirs under HEIR.
alvei mutatio (al-vee-I myoo-tay-shee-oh). [Latin fro
alveus "the bed or channel ofa stream") Hist. A change
in a stream's course.
alveus (al-vee-3s), n. [Law Latin] Hist. The bed or channel
through which a stream flows in its ordinary course.
[Cases: Waters and Water Courses (;::>89.]
always-speaking statute. See speaking statute under
STATUTE.
ALWD (ahl-w3d or al-w..d). abbr. See ASSOCIATION OF
LEGAL WRITING DIRECTORS.
ALWD Citation Manual. A gUide to American legal
citation written and edited by legal-wri profes
sionals affiliated with the Association ofL Writing
Directors. -First published in 2000 as an alternative
to the Bluebook, it contains one citation system for all
legal documents and does not distinguish between
citations in law-journal footnotes and those in other
writings. The full name is the ALWD Citation Manual:
A Professional System ofCitation. Often shortened
to ALWD Manual. Cf. BLUEBOOK.
a.m. abbr. ANTE MERIDIEM.
AMA. abbr. (1911) 1. American Medical Association. 2.
Against medical advice.
a ma intent (ah mah an-tawn). [Law French) On my
action. amalgamation (3-mal-g3-may-sh3n), n. (17c) The act of
combining or uniting; consolidation <amalgamation of
two small companies to form a new corporation>. See
MERGER (1). [Cases: Corporations (;::>581.] -amal
gamate, vb. -amalgamator, n.
Amalphitan Code (3-mal-f..-t3n). Hist. A compilation
of maritime law made late in the 11th century at the
port of Amalfi near Naples. _ The Code was regarded
as a primary source of maritime law throughout the
Mediterranean to the end ofthe 16th century. -Also
termed Amalphitan Table; Laws ofAmalfi; Tablets of
Amalfi
a manibus (ay man-3-b3s), n. [Law Latin] Hist. A royal
scribe.
amanuensis (<l-man-yoo-en-sis), n. [fro Latin ab-"from"
+ manus "hand"] 1. One who takes dictation; a scribe or
secretary. 2. An assistant, esp. one with scribal respon
sibilities. 3. A protege. See PROTEGJ:! (1).
a manu servus (ay man-yoo S;)r-v3s). [Latin] A handser
vant; scribe; secretary.
ambactus (am-bak-t ..s). [Latin] Hist. 1. A messenger. 2.
A servant whose services are hired out by the master.
ambasciator (am-bash-ee-ay-t ..r). [Law Latin] Hist. A
person sent about in the service ofanother; an ambas
sador.
ambassador. 1. A diplomatic officer ofthe highest rank,
usu. designated by a government as its resident repre
sentative in a foreign state. -Ambassadors represent
the sovereign as well as the nation and enjoy many priv
ileges while abroad in their official capacity, including
immunity. Ambassadors are distinguished from min
isters and envoys, who represent only the state where
they are from and not the sovereign. Ambassadors are
also generally distinguished from certain legates who
have only ecclesiastical authority. But the papal nuncio
and some legates, such as the legate a latere, bear the
rank of ambassador. See NUNCIO; LEGATE. [Cases:
Ambassadors and Consuls (;::> 1-8.] 2. A representative
appointed by another. 3. An unofficial or nonappointed
representative. Also spelled (archaically) embassa
dor. -ambassadorial, adj. ambassadorship, n.
ambassador extraordinary. An ambassador who is
employed for a particular purpose or occasion and
has limited discretionary powers. Cf. ambassador
plenipotentiary.
ambassador leger. See resident ambassador.
ambassador ordinary. See resident ambassador.
ambassador plenipotentiary. An ambassador who has
unlimited discretionary powers to act as a sovereign's
or government's deputy, esp. to carry out a particu
lar task, such as treaty negotiations. -Also termed
minister plenipotentiary; envoy plenipotentiary. Cf.
ambassador extraordinary.
ordinary ambassador. See resident ambassador.
resident ambassador. An ambassador who resides in
a foreign country as the permanent representative of
a sovereign or nation. _ A resident ambassador has

93
the right to request a personal interview with the host
nation's head of state. Also termed ambassador
leger; ordinary ambassador; ambassador ordinary.
[Cases: Ambassadors and Consuls C=>3.]
AMBER. abbr. See AMBER ALERT.
Amber Alert. A system by which the police can rapidly
broadcast to the general public a report of a missing
or endangered child by means of radio and televi
sion announcements. _ The alert is named for Amber
Hagerman ofTexas, a nine-year-old who was abducted
and murdered in 1996 by an unknown person. The
system has been adopted by many communities in the
U.S. and Canada. Local variations exist. In Arkansas,
for example, the system is called the Morgan Nick Alert
after a child who was abducted by a stranger in 1995.
When the first word is in all capital letters, AMBER is
an acronym meaning America's Missing: Broadcast
Emergency Response. Also termed Amber Plan. See
AMBER'S LAW. Cf. CODE ADAM.
Amber Hagerman Act. See AMBER'S LAW.
Amber's law. A federal law that requires, among other
things, life in prison without parole for two-time sex
offenders whose victims are children, and reports to
Congress about judges whose sentences fall below
federal guidelines. _ The law was named for Amber
Hagerman of Texas, a nine-year-old girl who was
abducted and murdered by an unknown person in
1996. -Also termed Amber Hagerman Act. See
AMBER ALERT. [Cases: Sentencing and Punishment
C=>1236.]
A.M. Best Company. An investment-analysis and
-advisory service. _ A.M. Best rates the financial
strength of businesses from A++ (strongest) to A+, A,
A-, B++, and so on to C-and D. A grade of E means
that the company is under state supervision, and an F
indicates that the company is in liquidation.
ambidexter. 1. A judge or embracer who takes bribes
from both sides in a dispute. 2. A lawyer who abandons
the party that he or she initially represented in a dispute
to represent the opposing party in the same suit. 3. A
person who engages in double-dealing.
"Ambidexter is he that, when a matter is in suit between
men, takes money of the one side and of the other, either
to labour the suit, or such like; or if he be of the jury, to
give his verdict." William Rastell, Termes de /a Ley 28 (lst.
Am. ed. 1812).
ambiguitas latens (am-bi-gyoo-a-tas lay-tenz). See latent
ambiguity under AMBIGUITY.
ambiguitas latens et ambiguitas patens (am-bi-gyoo-a
tas lay-tenz et am-bi-gyoo-a-tas pay-tenz). [Latin] Hist.
Latent and patent ambiguity. See latent ambiguity and
patent ambigUity under AMBIGUITY.
ambiguitas patens (am-bi-gyoo-a-tas pay-tenz). See
patent ambiguity under AMBIGUITY.
ambiguity (am-bi-gyoo-a-tee), n. (15c) An uncertainty
of meaning or intention, as in a contractual term or
statutory provision. Cf. MEANING. [Cases: Contracts ambiguity
C=> 143(2); Statutes (;::::> 190.] ambiguous (am-big
yoo-as), adj.
"In the context of statutory interpretation the word most
frequently used to indicate the doubt which ajudge must
entertain before he can search for and, if possible, apply
a secondary meaning is 'ambiguity'. In ordinary language
this term is often confined to situations in which the same
word is capable of meaning two different things, but, in
relation to statutory interpretation, judicial usage sanc
tions the application of the word 'ambigUity' to describe
any kind of doubtful meaning of words, phrases or longer
statutory proviSions. Hinchy's case prompted the sugges
tion that if, in a particular context, words convey to differ
entjudges a different range of meanings 'derived from, not
fanciful speculations or mistakes about linguistic usage,
but from true knowledge about the use of words, they
are ambiguous.'" Rupert Cross, Statutory Interpretation
76-77 (1976).
ambiguity on the factum. An ambigUity relating to
the foundation of an instrument, such as a question
relating to whether a testator intended for a particular
clause to be part of an agreement, whether a codicil
was intended to republish a former will, or whether
the residuary clause was accidentally omitted.
calculated ambiguity. A purposeful use of unclear
language, usu. when two negotiating parties cannot
agree on clear, precise language and therefore leave a
decision-maker to sort out the meaning in case of a
dispute. -Strictly speaking, this is a misnomer: the
more precise term is vagueness, not ambiguity. See
VAGUENESS (1).
extrinsic ambiguity. See latent ambiguity.
intrinsic ambiguity. See patent ambiguity.
latent ambiguity. (lSc) An ambiguity that does not
readily appear in the language of a document, but
instead arises from a collateral matter when the docu
ment's terms are applied or executed <the contract
contained a latent ambiguity: the shipping terms
stated that the goods would arrive on the Peerless, but
two ships have that name>. Also termed extrinsic
ambiguity; equivocation; ambiguitas latens. [Cases;
Contracts C=>143(2); Evidence C=>452.]
"Instead of this word 'equivocation,' the phrase 'latent
ambiguity' is sometimes used by courts, 'latent'
because it does not develop until we seek to apply it and
then discover the equivocation


is sometimes used by courts, 'latent'
because it does not develop until we seek to apply it and
then discover the equivocation. This phrase was invented
by Lord Bacon, in one of his maxims, and it long held
sway; but it has only served to confuse discussion, and
his other word for the same thing, 'equivocation,' is more
suitable, and has come into general use since Professor
Thayer's masterly analysis of the subject some fifty years
ago: John H. Wigmore, A Students' Textbook of the Law
ofEvidence 529 (1935). ~In fact, the usual term today is
latent ambiguity. ~Eds.
patent ambiguity (pay-tant). (ISc) An ambigUity that
dearly appears on the face of a document, arising
from the language itself <the nonperformance was
excused because the two different prices expressed
in the contract created a patent ambiguity>. Also
termed intrinsic ambiguity; ambiguitas patens. [Cases:
Contracts C=> 143(2); Evidence C=>45Lj
"[Llatent ambiguity ... must be carefully distinguished
from patent ambiguity, where words are omitted, or con
tradict one another; for in such cases explanatory evidence

94 ambiguity doctrine
is not admissible. Where a bill of exchange was expressed
in words to be drawn for 'two hundred pounds' but in
figures for '245,' evidence was not admitted to show that
the figures expressed the intention of the parties." William
R. Anson, Principles of the Law of Contract 401 (Arthur L
Corbin ed., 3d Am. ed. 1919).
ambiguity doctrine. See CONTRA PROFERENTEM.
ambit (am-bit). (14c) 1. A boundary line or limit; esp., the
scope ofa statute or regulation, or the sphere of influ
ence and authority of an agency, committee, depart
ment' or the like. 2. A space surrounding a house or
town.
ambitus (am-bi-tas), n. [Latin ambitus "deviousness,
corruption"] Hist. The procuring of a public office by
money or gifts; the unlawful buying and selling of a
public office.
ambulance chaser. 1. A lawyer who approaches victims
ofaccidents in hopes of persuading them to hire the
lawyer and sue for damages. 2. A lawyer's agent who
engages in this activity. 3. Tendentious slang. An
attorney. [Cases; Attorney and Client (;=>32(9).]
ambulance-chasing, n.
ambulance-chasing. A blatant form of solicitation in
which the lawyer (either personally or through an
agent) urges injured people to employ the lawyer to rep
resent them. [Cases; Attorney and Client (;=>32(9).]
ambulatory (am-bya-Ia-tor-ee), adj. (16c) 1. Able to walk
<the accident victim is still ambulatory>. 2. Capable of
being altered or revised; not yet legally :fixed <a will is
ambulatory because it is revocable until the testator's
death>.
ambulatory automatism. See AUTOMATISM.
ambulatory disposition. See DISPOSITION (2).
ambulatory wilL See WILL.
a me (ay mee), [Latin] From me. -This phrase was used
in feudal grants to denote tenure held directly of the
chieflord. The phrase is short for a me de superiore mea
(ay mee dee s[y]oo-peer-ee-or-ee mee-oh), meaning
"from me ofmy superior." Cf. DE ME.
a me de superiore meo (ay mee dee s[y]oo-peer-ee-or-ee
mee-oh). [Law Latin] Hist. From me, ofmy superior.
In a feudal land grant, this phrase provided that when
feudal title was completed, the grantee would hold the
land ofthe grantor's superior.
ameliorate (a-meel-ya-rayt), vb. (l8c) 1. To make better
<the charity tries to ameliorate the conditions of the
homeless>. 2. To become better <with time, the situa
tion ameliorated>.
ameliorating waste. See WASTE (1).
amelioration, n. 1. The act ofimproving something; the
state ofbeing made better. 2. An improvement. -ame
liorative, adj.
ameliorative waste. See ameliorating waste under WASTE
(1).
amenable (<J-mee-n<J-b<JI or -men-), adj. (16c) Legally
answerable; liable to being brought to judgment
<amenable to process>. -amenability, n. amend, vb. (13c) 1. To make right; to correct or rectify
<amend the order to :fix a derical error>. 2. To change
the wording of; sped., to formally alter (a statute,
constitution, motion, etc.) by striking out, inserting,
or substituting words <amend the legislative bill>. See
AMENDMENT (3). amendable, adj. amendabil
ity, n.
amend a previous action. See amend something previ
ously adopted.
amend something previously adopted. Parliamentary
law. (Of a deliberative assembly) to change an oth
erwise final text. Also termed amend a previous
action.
amendatory (a-men-da-tor-ee), adj. Designed or serving
to amend; corrective <an amendatory rider to an insur
ance policy>.
amended complaint. See COMPLAINT.
amended pleading. See PLEADING (1).
amended return. See TAX RETURN.
amende honorable (<J-mend on-a-ra-b",l or a-mawnd
on-a-rah-bal). [French "honorable reparation"] Hist.
A formal reparation for an offense or injury, done by
making an open and usu. humiliating acknowledg
ment and apology so as to restore the victim's honor.
This apology could be accomplished, for example, by
walking into church with a rope around the neck and
a torch in hand, begging forgiveness from the injured
party.
amende profitable (a-mend proh-fee-tahb-Ia), n. Roman
Dutch law. In a defamation action, reparations made
by a defendant who pays a sum that the plaintiff has
named under oath as being less than full satisfaction
for the claim.
amender, n. One who amends (a document, etc.).
amendment. (17c) 1. A formal revision or addition
proposed or made to a statute, constitution, pleading,
order. or other instrument; specif., a change made by
addition, deletion, or correction; esp., an alteration
in wording. [Cases: Constitutional Law
Federal Civil Procedure Pleading (;=>229;
Statutes 131.] 2. The process of making such a
revision.
amendment as ofcourse. An amendment, usu. to
pleadings, that a party has a statutory right to apply
for without the court's permission. [Cases; Federal
Civil Procedure (;=>825; Pleading (;=>231.]
amendment on court's own motion. A change to a
pleading or other document by the judge without a
motion from a party. [Cases: Federal Civil Procedure
(;=>826; Pleading (;=>232.]
nunc pro tunc amendment (n;mgk proh tangk or
nuungk proh tuungk). An amendment that is
given retroactive effect, usu. by court order. [Cases;
Judgment (;=>326; Motions (;=>56(2).]
3. Parliamentary law. A motion that changes another
motion's wording by striking out text, inserting or

95
adding text, or substituting text. See AMEND (2). Cf.
BLANK (2).
amendment by adding. An amendment that places new
wording at the end of a motion or of a paragraph or
other readily divisible part within a motion . Some
authorities treat amendment by adding as a form of
amendment by inserting. Cf. amendment by insert
ing.
amendment by inserting. An amendment that places
new wording within or around a motion's current
wording. _ Some authorities distinguish amend
ment by adding, which places new wording after the
current wording, from amendment by inserting. Cf.
amendment by adding.
amendment by striking out. An amendment that
removes wording from a motion's current wording.
amendment by striking out and inserting. An amend
ment that removes wording and replaces it with alter
native wording . The motion can properly apply only
to inserting wording in place of the wording being
struck out; it cannot strike out some wording and
insert new wording in a different place. See amend
ment by substituting; CREATE A BLANK.
amendment by substituting. 1. A special type ofamend
ment by striking out and inserting that replaces an
entire main motion or a paragraph or other readily
divisible part within a main motion; an amendment
of greater scope than a perfecting amendment. Cf.
perfecting amendment. 2. An amendment by striking
out and inserting. See amendment by striking out and
inserting. -Also termed amendment in the nature
ofa substitute (in sense 1); substitute; substitution;
substitute amendment. _ Parliamentary writers
differ on when an amendment by striking out and
inserting qualifies as an amendment by substitut
ing. Some manuals treat the two as equivalent and
apply the same rules to them. Others maintain that
an amendment is not a substitute unless it replaces the
entire main motion or at least a readily divisible
part within the main motion and apply different
rules to an amendment by substituting than to a less
drastic amendment.
amendment in the nature ofa substitute. See amend
ment by substituting (1).
amendment ofthe first degree. See primary amend
ment.
amendment of the first rank. See primary amend
ment.
amendment of the second degree. See secondary
amendment.
amendment ofthe second rank. See secondary amend
ment.
amendment to the amendment. See secondary amend
ment.
amendment to the main question. See primary amend
ment.
amendment to the text. See primary amendment. amendment
committee amendment. An amendment to a motion
reported by a committee to which the motion was
referred.
first-degree amendment. See primary amendment.
floor amendment. An amendment offered from the
floor by an individual member, as distinguished from
a committee amendment. Cf. committee amend
ment.
friendly amendment. An amendment that the mover
ofthe motion being amended supports, and to which
no other member objects.
'The term 'friendly amendment' is often used to describe
an amendment offered by someone who is in sympathy
with the purposes of the main motion, in the belief that
the amendment will either improve the statement or effect
of the main motion, presumably to the satisfaction of its
maker, or will increase the chances of the main motion's
adoption. Regardless of whether or not the maker of the
main motion 'accepts' the amendment, it must be opened
to debate and voted on formally (unless adopted by unani
mous consent) and is handled under the same rules as
amendments generally." Henry M. Robert, Robert's Rules of
Order Newly Revised  12, at 154 (lOth ed. 2000).
"Often, such an amendment is proposed as a 'friendly
amendment: simply indicating that the member propos
ing the amendment feels it will be acceptable to the maker
of the main motion. If the maker of the original motion
does not wish to accept the amendment, the amendment
must then receive a second to come before the assembly,
and will receive the usual consideration by the assembly.
However, even the acceptance of the proposed amend
ment by the maker of the motion is simply a statement of
support, and every member of the assembly retains the
right to object to the amendment's adoption by general
consent, and to debate and vote on the amendment." Alice
Sturgis, The Standard Code ofParliamentary Procedure 53
(4th ed. 2001).
hostile amendment. An amendment that is opposed
by the supporters ofthe main motion.
killer amendment. An amendment that has the effect,
intended or not, ofensuring the defeat of the main
motion.
nongermane amendment. An amendment that adds
an unrelated rider . A nongermane amendment is
out oforder in most ordinary assemblies and many
legislative bodies. But some legislative bodies, in juris
dictions where legislation may embrace more than
one subject, allow nongermane amendments to a bill.
See RlDER.
perfecting amendment. An amendment that merely
edits the form ofa main motion or a primary amend
ment but does not substantially change its content; an
amendment of lesser scope than an amendment by
substituting. Cf. amendment by substituting (1).
primary amendment. An amendment that directly
amends the main motion. Cf. secondary amend
ment.
pro forma amendment. An amendment moved solely
for the purpose ofobtaining the floor and treated as
withdrawn once the mover has spoken. -The custom
ary pro forma amendment in Congress is a motion
"to strike the last word."

96 amendment after allowance
secondary amendment. An amendment that alters a
pending primary amendment. Cf. primary amend
ment.
second-degree amendment. See secondary amend
ment.
substitute amendment. 1. A secondary amendment
that substantially replaces rather than edits a primary
amendment. 2. See amendment by substituting.
amendment after allowance. See PATENT-APPLICATION
AMENDMENT.
amendment after appeal. See PATENT-APPLICATION
AMENDMENT.
amendment after final action. See PATENT-APPLICATION
AMENDMENT.
amendment after payment of issue fee. See PATENT
APPLICATION AMENDMENT.
amendment before first action. See preliminary amend
mentunder PATENT-APPLICATION AMENDMENT.
amendment by implication. A rule ofconstruction that
allows a person to interpret a repugnant provision in
a statute as an implicit modification or abrogation of
a provision that


allows a person to interpret a repugnant provision in
a statute as an implicit modification or abrogation of
a provision that appears before it. Amendments by
implication are not favored. See United States v. Welden,
377 U.S. 95, 102 n.12, 84 S.Ct. 1082, 1087 n.12 (1964).
[Cases: Statutes
amendment in excess offiling fee. See PATENT-APPLI
CATION AMENDMENT.
amendment ofindictment. (1828) The alteration ofthe
charging terms of an indictment, either literally or in
effect, after the grand jury has made a decision on it.
The indictment usu. cannot be amended at trial in a way
that would prejudice the defendant by haVing a trial on
matters that were not contained in the indictment. To
do so would violate the defendant's Fifth Amendment
right to indictment by grand jury. [Cases: Indictment
and Information ~159.]
constructive amendment ofindictment. The admission
ofevidence that modifies the indictment by modify
ing the elements of a charged offense or by establish
ing an offense different from or in addition to those
in the indictment. [Cases: Indictment and Informa
tion~159.]
amendment ofregistration. See TRADEMARK-APPLICA
TION AMENDMENT.
amendment on court's own motion. See AMENDMENT
(2).
amendment to allege use. See TRADEMARK-APPLICA
TION AMENDMENT.
amendment to different register. See TRADEMARK
APPLICATION AMENDMENT.
amends, n. Compensation given for a loss or injury;
reparation.
amenity. [fro Latin amoenitas "pleasantness"] Something
tangible or intangible that increases the enjoyment ofreal property, such as location, view, landscaping,
security, or access to recreational facilities.
a mensa et thoro (ay men-S<l et thor-oh). [Latin "from
board and hearth"] (17c) (Of a divorce decree) effecting
a separation ofthe parties rather than a dissolution of
the marriage <a separation a mensa et thoro was the
usual way for a couple to separate under English law
up until 1857>. Not all states provide for such a pro
ceeding. See divorce a mensa et thoro under DIVORCE;
SEPARATION; A VINCULO MATRIMONII. [Cases: Divorce
~155.]
amerce (<l-mars), vb. 1. To impose a fine or penalty that
is not fixed but is left to the court's discretion; to punish
by amercement. 2. To fine or punish in any manner.
amerceable (<l-mar-s<l-b<ll), amerciable (<l-m3r-See
<l-bal), adj.
'There were two more aspects to this financial scheme
of permitting suitors to use the royal courts for a con
sideration. The practice developed of 'amercing' or fining
those who were 'in the mercy of the king' because they
had put forward a false claim, or had made a false defense.
In other words the loser of the suit had to pay a fine for
his supposedly unjust effort to deny or resist the claim of
his opponent." Charles Herman Kinnane, A First Book on
Anglo-American Law 272 (2d ed. 1952).
amercement (a-m3rS-m<lnt), n. [fro Law French estre a
merci "to be at the mercy (of another)," fro Latin merces
"payment"] (14c) 1. The imposition ofa discretionary
fine or penalty by a court, esp. on an official for mis
conduct <an amercement proceeding>. 2. The fine or
penalty so imposed <an amercement charged to the
sheriff for failing to return the writ ofexecution>.
Also termed cashlite; (archaically) amerciament; mer
ciament. [Cases: Sheriffs and Constables ~125.]
American Academy ofActuaries. A national organiza
tion ofactuaries whose members must meet specified
educational requirements and have at least three years
of actuarial work experience . Created in 1965, the
Academy promotes public awareness ofthe actuarial
profession, represents the profession before federal and
state governments, and sponsors continUing-education
conferences. Abbr. AAA. See ACTUARY.
American Accounting Association. An organization
of accounting practitioners, educators, and students,
founded in 1916 to promote accounting as an academic
discipline by sponsoring research projects and continu
ing-education seminars. -Abbr. AAA.
American Arbitration Association. A national orga
nization that maintains a panel of arbitrators to hear
labor and commercial disputes. Abbr. AAA. [Cases:
Alternative Dispute Resolution ~238; Labor and
Employment ~1576.]
American Bankers Association. A voluntary trade
association of banking institutions, including banks,
trust companies, and savings banks and associations,
whose members represent the vast majority ofbanking
deposits in the United States . The association was
founded in 1875. -Abbr. ABA.

97
American Bar Association. A voluntary national orga
nization oflawyers organized in 1878. Among other
things, it participates in law reform, law-school accredi
tation, and continuing legal education in an effort
to improve legal services and the administration of
justice. Abbr. ABA.
American Bar Foundation. An outgrowth of the
American Bar Association involved with sponsoring
and funding projects in law-related research, education,
and social studies. -Abbr. ABF.
American Bureau of Shipping. An organization of
marine underwriters, shipbuilders, and marine carriers
charged with conducting research, technological devel
opment, officer training, and standards of building,
maintaining, and operating seagoing vessels and sta
tionary offshore facilities . The organization was
founded in 1862 as the American Shipbuilders' Associa
tion. Its name was changed in 1898, and it was formally
recognized in the Merchant Marine Act of 1920. Its
core mission is to promulgate rules for evaluating the
design ofnew vessels and structures and for maintain
ing all existing vessels and structures. Abbr. ABS.
See ABS RULES. [Cases: Shipping <>11, 12.]
American Civil Liberties Union. A national organi
zation whose primary purpose is to help enforce and
preserve individual rights and liberties guaranteed by
federal and state constitutions. Abbr. ACLU.
American clause. Marine insurance. A policy provision
that prevents an insurer from claiming contribution
from a policy later purchased by the insured. [Cases:
Insurance <>2247.J
American common law. See COMMON LAW (2).
American depositary receipt. A negotiable instrument
issued by an American bank as a substitute for stock
shares in a foreign-based corporation . ADRs are the
most common method by which foreign companies
secure American shareholders. Companies that offer
ADRs maintain a stock listing in their domestic market
in their domestic currency, while the ADRs are held in
U.S. dollars and listed on a U.S. stock exchange, usu. the
New York Stock Exchange. The holder ofthe receipt is
entitled to receive the specified securities upon presen
tation ofthe ADR to the depositary institution -Abbr.
ADR. Also termed American depository receipt. Cf.
AMERICAN DEPOSITARY SHARE.
American depositary share. A foreign security that is
exempt from reporting requirements and deposited
in an American bank to be held for private sale .
American depositary receipts are used to transfer the
securities. Abbr. ADS. Cf. AMERICAN DEPOSITARY
RECEIPT.
American depository receipt. See AMERICAN DEPOSI
TARY RECEIPT.
American Experience Table ofMortality. Insurance.
A chart developed by insurers in the 18608 to predict
mortality rates and thereby more accurately set insur
ance rates . The Table was widely used by insurers to
establish rates until the 1950s. American Inventors Protection Act
American Federation ofLabor and Congress of Indus
trial Organizations. A voluntary affiliation of more
than 100 labor unions that operate autonomously yet
benefit from the affiliation's political activities and its
establishment of broad policies for the national labor
movement. -Abbr. AFL-CIO.
American Federation of Musicians. A labor union
composed of musicians, orchestra leaders, contractors,
copyists, orchestrators, composers, and arrangers . In
the recording industry, artists hired by record compa
nies that have agreements with the union must be paid
according to the union's set scale. -Abbr. AF ofM.
American Federation ofTelevision and Radio Artists.
A labor union composed of actors, announcers, nar
rators, and vocalists. In the entertainment industry,
performers hired by producers that have agreements
with the union must be paid according to the union's
set scale. It is affiliated with the AFL-CIO. -Abbr.
AFTRA.
American Forces Information Service. An agency in
the u.s. Department of Defense responsible for oper
ating the Armed Forces Radio and Television Service,
the Armed Forces Press and Publications Service, and
a Broadcast Center . Established in 1977, the Service
publishes various periodicals and pamphlets and the
Stars and Stripes newspapers. -Abbr. AFIS.
American Guild of Variety Artists. A labor union
composed of performers in nightclubs, cabarets,
theaters, and other areas of live entertainment. _ The
Guild regulates its members' contracts with agents
through an agreement with the Artists' Representa
tives Association. Abbr. AGVA.
American Indian law. See NATIVE AMERICAN LAW.
American Inns ofConrt Foundation. See INN OF COURT
(2).
American Institute of Parliamentarians. A national
nonprofit educational organization founded in 1958 to
improve and promote the rules of parliamentary pro
cedure as a way of implementing sound democratic
principles. Abbr. AlP.
American Intellectnal Property Law Association. A
national bar association oflawyers who practice patent,
trademark, copyright, trade-secret, and unfair-compe
tition law. The association was formerly known as the
American Patent Law Association. Membership is also
open to law students who are interested in intellectual
property law. -Abbr. AIPLA.
American Inventors Protection Act. Patents. A 1999
statute designed to (1) curb deceptive practices by
invention-promotion companies, (2) reduce patent
fees, (3) provide a defense against infringement for a
party who in good faith reduced a patented invention
to practice at least one year before a patent's effective
filing date, (4) extend the patent term when the PTO
is responsible for a delay in issuance, and (5) require
publication of a patent application 18 months after its
filing unless the applicant requests otherwise. Pub. L.
No. 106-113, 113 Stat. 1537-544. -Abbr. AIPA.

98 American Judicature Society
American Judicature Society. An organization made
up of judges, lawyers, and lay people for the purpose
ofimproving the administration of justice. The AJS
was founded in 1913. Its interests include ensuring the
judiciary's independence, improving judicial selection
and the performance ofjuries, and educating the public
about the justice system. Abbr. AJS.
American Law Institute. An organization of lawyers,
judges, and legal scholars who promote consistency
and simplification of American law by publishing the
Restatements of the Law, and other model codes and
treatises, as well as promoting continuing legal educa
tion. Abbr. ALI.
American Law Institute test. See SUBSTANTIAL-CAPAC
ITY TEST.
American Lloyd's. See LLOYD'S UNDERWRITERS.
American National Standards Institute. A private non
profit organization, founded in 1918, that administers
the U.S. standardization- and conformity-assessment
system and coordinates voluntary participants in the
system. Abbr. ANSI.
American option. See OPTION.
American Patent Law Association. See AMERICAN
INTELLECTUAL PROPERTY LAW ASSOCIATION.
American Printing House for the Blind. A federally
aided institution that assists blind children by distrib
uting Braille books, talking books, and educational aids
without charge . The printing house was incorporated
in Kentucky in 1858. Abbr. APH.
American rule. (1868) 1. The general policy that allliti
gants, even the prevailing one, must bear their own
attorney's fees . The rule is subject to bad-faith and
other statutory and contractual exceptions. Cf. ENGLISH
RULE. [Cases: Costs ~194.16; Federal Civil Procedure
~2737.1.] 2. The doctrine that a witness cannot be
questioned on cross-examination about any fact or cir
cumstance not connected with the matters brought out
in the direct examination. [Cases: Witnesses ~269.]
American share. See SHARE (2).
American Society of Composers, Authors & Publish
ers. Copyright. One ofthe u.s. performing-rights soci
eties that licenses and polices the public performance of
nondramatic musical works on behalf ofthe copyright
owners. Abbr. ASCAP.
American Society ofWriters on Legal Subjects. The
formal name for Scribes, an association oflawyers dedi
cated to the improvement oflegal writing . Founded
in 1953, it sponsors annual writing competitions and
publishes The Scribes Journal ofLegal Writing, the first
journal devoted exclusively to legal writing.
American Stock Exchange. An organized stock exchange
and self-regulating organization under the Securities
Exchange Act of 1934, located in New York City and
engaged in national trading of corporate stocks . It
often trades in the securities of young or small com
panies because its listing requirements are less strict
than those of the New York Stock Exchange. Abbr. AMEX; ASE. [Cases: Exchanges Securities
Regulation ~40.l0-40.16.J
American-style option. See American option under
OPTION


Regulation ~40.l0-40.16.J
American-style option. See American option under
OPTION.
Americans with Disabilities Act. A federal statute
that prohibits discrimination in employment, public
services, and public accommo' inst any
person because of the person's disability physical
or mental impairment that substantially limits one or
more ofthe major life activities"). 42 USCA  12101
12213. Under the ADA and related regulations and
caselaw, major life activities include those that an
average person in the general population can perform
with little or no difficulty, such as seeing, hearing,
sleeping, eating, walking, traveling, and working.
The statute applies to both private and governmental
entities but not to a private employer having fewer than
15 employees. 42 USCA  1211l(5)(A). Abbr. ADA.
See DISABILITY (2); MAJOR LIFE ACTIVITY. [Cases: Civil
Rights ~1016, 1053, 1215.]
AMEX (am-eks). abbr. (1961) AMERICAN STOCK
EXCHANGE.
ami (;}-mee), n. [Law French, fro Latin amicus] A friend.
 This term appears in several traditional legal phrases,
such as prochein ami ("next friend"). Also spelled
amy. See NEXT FRIEND.
amiable compositor. Int'llaw. An unbiased third party,
often a head of state or high government official, who
suggests a solution that disputing countries might
accept of their own volition. -Also termed aimable
compositeur.
amicable action. See test case (1) under CASE.
amicable compounder. See COMPOUNDER (1).
amicable scire facias to revive a judgment. See SCIRE
FACIAS.
amicable suit. See test case (1) under CASE.
amicus. 1. See AMICUS CURIAE. 2. See amicus briefunder
BRIEF (1).
amicus brief. See BRIEF (1).
amicus curiae (;}-mee-k;}s kyoor-ee- lor;}-mI-k;}s kyoor
ee-ee also am-i-bs). [Latin "friend ofthe court"] (17c)
A person who is not a party to a lawsuit but who peti
tions the court or is requested by the court to file a
brief in the action because that person has a strong
interest in the subject matter. -Often shortened to
amicus. -Also termed friend ofthe court. PI. amici
curiae (;l-mee-kee or ;}-ml-SI or ;}-ml-kI). [Cases:
Amicus Curiae ~1-3.J
Amish exception. An exemption of the Amish from
compulsory-school-attendance laws under the Free
Exercise Clause of the First Amendment . In Wis
consin V. Yoder, 406 U.S. 205, 92 S.Ct. 1526 (1972), the
Supreme Court held that Amish children could not be
compelled to attend high school even though they were
within the age range of the state's compulsory-atten
dance law. The Court has very narrowly construed the
Amish exception and has refused to extend it to non

99
Amish children. See COMPULSORY-ATTENDANCE LAW;
FREE EXERCISE CLAUSE. [Cases: Constitutional Law (;::;>
1343; Schools (;::;>160.]
amita (am-;:l-t;:l). [Latin] Civil law. The sister of one's
father; an aunt on the father's side. PI. amitae.
amitina (am-;:l-tI-n;:l). [Latin] Civil law. The daughter of
a paternal aunt or maternal uncle; a female first cousin.
Pl. amitinae.
amitinus (am-;:l-tl-n;:ls). [Latin] Civil law. The son of a
paternal aunt or maternal uncle; a male first cousin.
PI. amitini.
amittere curiam (;:l-mit-;:l-ree kyoor-ee-;:lm), vb. [Law
Latin] Rist. To lose the privilege ofattending court.
amittere legem terrae (;:l-mit-;:l-ree lee-j;:lm ter-ee). See
LIBERAM LEGEM AMITTERE.
amittere liberam legem (;:l-mit-;:l-ree Hb-dr-;:lm lee-jam).
See LIBERAM LEGEM AMITTERE.
amnesty, n. (16c) A pardon extended by the govern
ment to a group or class ofpersons, usu. for a political
offense; the act ofa sovereign power officially forgiving
certain classes of persons who are subject to trial but
have not yet been convicted <the 1986 Immigration
Reform and Control Act provided amnesty for undocu
mented aliens already present in the country>. -Unlike
an ordinary pardon, amnesty is usu. addressed to
crimes against state sovereignty that is, to political
offenses with respect to which forgiveness is deemed
more expedient for the public welfare than prosecution
and punishment. Amnesty is usu. general, addressed
to classes or even communities. Also termed general
pardon. See PARDON. [Cases: Pardon and Parole (;::;>
26.] amnesty, vb.
"Amnesty . .. derives from the Greek amnestia (,forget
ting'), and has come to be used to describe measures of a
more general nature, directed to offenses whose criminal
ity is considered better forgotten." Leslie Sebba, "Amnesty
and Pardon," in 1 Encyclopedia ofCrime and justice 59, 59
(Sanford H. Kadish ed., 1983).
express amnesty. Amnesty granted in direct terms.
implied amnesty. Amnesty indirectly resulting from a
peace treaty executed between contending parties.
amnesty clause. A clause, esp. one found in a peace
treaty, that wipes out past offenses such as treason,
sedition, rebellion, and even war crimes. - A sover
eign may grant amnesty to all guilty persons or only
to certain categories of offenders.
Amnesty International. An international nongov
ernmental organization founded in the early 1960s
to protect human rights throughout the world. -Its
mission is to secure throughout the world the obser
vance ofthe Universal Declaration ofHuman Rights."
Amnesty Int'l Statute, art. 1.
a morte testatoris (ay mor-tee tes-td-tor-is). [Latin] Rist.
From the death of the testator. -The phrase appeared
in reference to the moment when a legacy vests in the
beneficiary. amount realized
amortization (am-;:lr-t;:l-zay-sh;:ln), n. (1851) 1. The act
or result of gradually extinguishing a debt, such as a
mortgage, usu. by contributing payments of principal
each time a periodic interest payment is due.
negative amortization. An increase in a loan's princi
pal balance caused by monthly payments insufficient
to pay accruing interest.
2. The act or result of apportioning the initial cost
of a usu. intangible asset, such as a patent, over the
asset's useful life. Cf. DEPRECIATION. Sometimes also
termed amortizement.
amortization reserve. See RESERVE.
amortization schedule. A schedule of periodic payments
of interest and principal owed on a debt obligation;
specif., a loan schedule showing both the amount of
principal and interest that is due at regular intervals
over the loan term and the remaining unpaid principal
balance after each scheduled payment is made.
amortize, vb. (1867) 1. To extinguish (a debt) gradu
ally, often by means of a sinking fund. 2. To arrange
to extinguish (a debt) by gradual increments. 3. Rist.
To alienate or convey lands to a corporation (that is, in
mortmain). -Also spelled amortise. See MORTMAIN.
amortized loan. See LOAN.
amortized mortgage. See MORTGAGE.
amortizement. See AMORTIZATION.
amotion. (17c) 1. A turning out, as the eviction of a tenant
or the removal of a person from office. [Cases: Landlord
and Tenant (;::;>275; Officers and Public Employees
70.] 2. The common-law procedure available to share
holders to remove a corporate director for cause. [Cases:
Corporations (;::;>294.]
''The cases do not distinguish clearly between disfranchise
ment and amotion. The former applies to members, and
the latter only to officers; and if an officer be removed
for good cause, he may still continue to be a member of
the corporation. Disfranchisement is the greater power,
and more formidable in its application; and in joint stock
or moneyed corporations no stockholder can be disfran
chised, and thereby deprived of his property or interest in
the general fund, by any act of the corporation, Without at
least an express authority for that purpose." 2James Kent,
Commentaries on American Law *298 (George Comstock
ed., 11th ed. 1866).
3. The wrongful moving or carrying away ofanother's
personal property.
amount in controversy. (1809) The damages claimed
or relief demanded by the injured party in a lawsuit.
 For a federal court to have diversity jurisdiction, the
amount in controversy must exceed $75,000. 28 USCA
 1332(a). -Also termed jurisdictional amount; matter
in controversy. See DIVERSITY OF CITIZENSHIP; AGGRE
GATION DOCTRINE. [Cases: Courts C=>119, 167; Federal
Courts (;::;>335.]
amount realized. Tax. The amount received by a
taxpayer for the sale or exch an asset, such as
cash, property, services recei or debts assumed by
a buyer. Cf. GAIN (3); LOSS (2). [Cases: Internal Revenue
(;::;>3194; Taxation (;::;>3466.]

100 amove
amove, vb. To remove (a person) from an office or
position. -amoval, n.
amoveas manus (ay-moh-vee-;Js man-;Js). [Law Latin
"that you remove your hands") Hist. 1. A judgment
ordering the Crown to relinquish possession ofland to
the complainant . The judgment is so called from the
emphatic words quod manus domini regis amoveantur
("that the hands of the king be removed"). 2. The writ
issued on the judgment.
amparo. Mexican law. A summary proceeding intended
to vindicate an individual's or company's rights without
necessarily establishing a precedent for similarly
situated parties. -Also termed judicio de amparo.
ampliatio (am-plee-ay-shee-oh), n. [Latin) Roman
law. 1. The act of deferring or reserving judgment. 2.
In a criminal trial before a comitia, the repeating of
evidence at the jury's request. PI. ampliationes (am
plee-ay-shee-oh-neez).
ampliation (am-plee-ay-sh;Jn). Civil law. An extending;
a postponement of the decision in a case.
amplius (am-plee-;Js), adj. & adv. [Latin) Hist. More;
further.
AMS. abbr. AGRICULTURAL MARKETING SERVICE.
AMT. abbr. See alternative minimum tax under TAX.
Amtrak. See NATIONAL RAILROAD PASSENGER CORPO
RATION.
a multo fortiori (ay m;Jl-toh for-shee-or-I). [Latin) By far
the stronger reason. Cf. AFORTIORI.
amusement tax. See TAX.
amy (;J-mee), n. [Law French) A friend . This is an alter
native spelling ofami. See AMI.
anaconda clause. See MOTHER HUBBARD CLAUSE (1).
anacrisis (an-;J-krI-sis). Civil law. An investigation or
inquiry, esp. one conducted by torture.
analog. Patents. A different material, usu. a chemical
or DNA sequence, that produces the same result as
the specified material when used in a certain way.
To prevent others from free-riding on their innova
tion without technically infringing their exclusive
rights, patent applicants often include analogs in their
claims. -Also spelled analogue. -Also termed func
tional analog; equivalent.
analogous art. See ART.
analogous use. 1. Patents. The application of a process
already known in one field of art to produce a similar
result in another field . Unless the fields are so unre
lated or the outcomes so different as to produce a novel,
useful, and nonobvious result, an analogous use is
not patentable. [Cases: Patents (::::>27(1).) 2. Trade
marks. The use of a mark in marketing and advertis
ing a product or service before the actual sale of the
product or service, in order to establish the mark's use
in commerce . For the owner to take advantage of
the analogous-use doctrine, the marketing campaign
must be substantial and the product or service must be
available soon after the campaign. An owner who files an intent-to-use application may tack on the period of
analogous use for purposes of priority and incontest
ability.
analytical jurisprudence. See JURISPRUDENCE.
analytical memorandum. See research memorandum
under MEMORANDUM.
anarchist, n. (l7c) One who advocates the overthrow of
organized government by force or who believes in the
absence of government as a political ideal. -anar
chism (the philosophy), n.
anarchy, n. (l6c) 1. Absence of government; lawlessness.
2. A sociopolitical theory holding that the only legit
imate form of government is one under which indi
viduals govern themselves voluntarily, free from any
collective power structure enforcing compliance with
social order. -anarchic, adj.
criminal anarchy. (1831) A doctrine advocating the
overthrow of organized government by force or
violence, by assassinating a head of government, or
by some other unlawful act


throw of organized government by force or
violence, by assassinating a head of government, or
by some other unlawful act . Most states have laws
limiting speech that incites criminal anarchy. The
laws do not apply to abstract philosophical expres
sions or predictions or like expressions protected by
the First and Fourteenth Amendments. Criminal
anarchy statutes (e.g., 18 USCA  2385) apply only to
speech that is calculated to induce forceful and violent
activity, such as attempts to incite people to riot, or
that otherwise generates some "clear and present
danger" that the advocated violent overthrow may be
attempted or accomplished. See Gitlow v. New York,
268 U.S. 652, 666, 45 S.Ct. 625, 630 (1925). [Cases:
Insurrection and Sedition (::::>2.)
anathema (;J-nath-;J-m;J), n. An ecclesiastical curse that
prohibits a person from receiving communion (as in
excommunication) and bars the person from contact
with members ofthe church. -anathematize, vb.
anatocism (;J-nat-;J-siz-;Jm), n. [fro Greek anatokismos "to
lend on interest again"] Rare. 1. Compound interest. See
compound interest under INTEREST (3). 2. The practice
ofcompounding interest.
anatomical gift. See GIFT.
ancestor, n. A person from whom an estate has passed;
ASCENDANT . This word is the correlative of heir. Cf.
HEIR (1).
common ancestor. A person to whom the ancestry of
two or more persons is traced.
ancestral debt. See DEBT.
ancestral estate. See ESTATE (1).
ancestry. (14c) A line ofdescent; lineage.
anchorage. Maritime law. 1. An area where ships anchor.
2. A duty paid by shipowners for the use of a port; a toll
for anchoring. [Cases: Shipping (::::>7.)
ancient, adj. Evidence. (l4c) Having existed for a long
time without interruption, usu. at least 20 to 30 years
<ancient deed> <ancient map>. Ancient items
are usu. presumed to be authentic even if proof of

101
authenticity cannot be made. Fed. R. Evid. 901(b)(8).
[Cases: Evidence
ancient, n. See ANCIENTS.
ancient demesne. See DEMESNE.
ancient document. See DOCUMENT.
ancient fact. See FACT.
ancient house. See HOUSE.
ancient law. The law ofantiquity, considered esp. either
from an anthropological standpoint or from the stand
point oftracing precursors to modern law.
"Ancient law uniformly refuses to dispense with a single
gesture, however grotesque; with a single syllable, however
its meaning may have been forgotten; with a single witness,
however superfluous may be his testimony. The entire
solemnities must be scrupulously completed by persons
legally entitled to take part in them, or else the conveyance
is nUll, and the seller is re-established in the rights of which
he had vainly attempted to divest himself." Henry S. Maine,
Ancient Law 225-26 (1 7th ed. 1901).
ancient-lights doctrine. The common-law principle by
which a landowner acquired, after 20 years ofuninter
rupted use, an easement preventing a neighbor from
building an obstruction that blocks light from passing
through the landowner's window . The window (or
other opening) is termed an ancient light. This doctrine
has rarely been applied in the United States. -Also
termed ancient-windows doctrine. [Cases: Easements
"[AJ notice 'Ancient lights,' which is often seen affixed
to the wall of a building, only denotes a claim by or on
behalf of the owner that he has acquired, by prescription
or otherwise, a right to a reasonable amount of light, free
from interruption, over adjoining land: but it must not be
supposed that such a notice is necessary in order to protect
a legal right." 2 Stephen's Commentaries on the Laws of
Eng/and 347 (Crispin Warmington ed., 21st ed. 1950).
"Under the English doctrine of ancient lights, which has
been soundly repudiated in this country, if a landowner had
received sunlight across adjoining property for a specified
period of time, the landowner was entitled to continue to
receive unobstructed access to sunlight across the adjoin
ing property; the landowner acquired a negative prescrip
tive easement and could prevent the adjoining landowner
from obstructing access to light." 1 Am. Jur. 2d Adjoining
Landowners  90, at 889 (1994).
ancient readings. Hist. Lectures on ancient English
statutes, formerly having substantial legal authority.
ancient rent. Hist. The rent reserved at the time the lease
is made, if the estate was not then under lease.
ancients. Hist. Certain members ofseniority in the Inns
of Court and Chancery . In Gray's Inn, the society
consisted ofbenchers, ancients, barristers, and students
under the bar, with the ancients being the oldest bar
risters. In the Middle Temple, those who passed the
readings were termed ancients. 'The Inns ofChancery
consisted ofboth ancients and students or clerks.
Also termed (in singular) ancient.
ancient serjeant. Hist. English law. The eldest of the
Crown's serjeants. -The last serjeant to hold this office
died in 1866.
ancient wall. See WALL. and other good and valuable consideration
ancientwaterconrse. See WATERCOURSE.
ancient-windows doctrine. See ANCIENT-LIGHTS DOC
TRINE.
ancient writing. See ancient document under DOCU
MENT.
ancilla (an-sil-;:I), n. [Latin] Hist. A female auxiliary or
assistant.
ancillary (an-s;:I-ler-ee), adj. (17c) Supplementary; sub
ordinate <ancillary claims>. ancillarity (an-s;:I-Ia[iJ
r-;:I-tee), n.
ancillary administration. See ADMINISTRATION.
ancillary administrator. See ADMINISTRATOR (2).
ancillary attachment. See ATTACHMENT (3).
ancillary bill. See ancillary suit under SUIT.
ancillary claim. See CLAIM (4).
ancillary guardianship. See GUARDIANSHIP.
ancillary jurisdiction. See JURISDICTION.
ancillary legislation. See LEGISLATION.
ancillary letters testamentary. See LETTERS TESTAMEN
TARY.
ancillary proceeding. See ancillary suit under SUIT.
ancillary process. See ancillary suit under SUIT.
ancillary receiver. See RECEIVER.
ancillary receivership. See RECEIVERSHIP.
ancillary suit. See SUIT.
ancillary to priority. Patents. (Of a legal issue) so logi
cally related to the issue of priority ofinvention that
it cannot be separated from the issue of priority.
The question whether an issue is ancillary to priority
was once used to challenge the jurisdiction ofthe U.S.
Patent and Trademark Office, but the Board of Patent
Appeals and Interferences now has explicit jurisdiction
over ancillary issues. [Cases: Patents (;:::>90(1).]
ancipitis usus. See conditional contraband under
CONTRABAND.
Anders brief. See BRIEF.
and his heirs. A term ofart formerly required to transfer
complete title (a fee simple absolute) to real estate <A
conveys Blackacre to B and his heirs> . This phrase
originated in the translation of a Law French phrase
used in medieval grants (a lui et a ses heritiers pour
toujours "to him and his heirs forever"). See FEE
SIMPLE.
"The development reached its culmination when the words
'and his heirs' in a transfer were thought to give full dura
tional ownership to the immediate transferee and no own
ership whatever to his heirs. This notion was expressed in
the statement that the words 'and his heirs' are words of
limitation and not words of purchase. They indicate the
durational character of an estate, not its taker." Thomas
F. Bergin & Paul G. Haskell, Preface to Estates in Land and
Future Interests 93~94 (2d ed. 1984).
and other good and valuable consideration. See other
consideration under CONSIDERATION.

102 androlepsy
androlepsy (an-dra-Iep-see). [fro Greek "seizure ofmen"]
Hist. The taking by one nation ofcitizens or subjects
of another nation either in reprisal or to enforce some
claim (as to surrender or punish a fugitive). -Also
termed androlepsia (an-dra-Iep-see-a).
anecius (a-nee-shee-as), n. [Law Latin] Hist. The eldest;
the firstborn; the senior, as contrasted with puisne ("the
younger").
angaria (ang-gair-ee-a). [Greek] 1. ANGARY. 2. Roman
law. (ital.) A compulsory service consisting in the trans
port ofgoods or persons for the imperial post; a public
Pony Express rider. 3. Hist. A service exacted by a lord
beyond what is due. PI. angariae.
angary (ang-gd-ree). Int'llaw. A country's right, in war
or other urgent circumstances, to seize -for tempo
rary use -neutral merchant ships in its inland or terri
torial waters as well as aircraft within its territory, with
full indemnity by the country. -Also termed right of
angary; jus angariae; angaria.
"In many respects the content and scope of the right of
angary remain unclear and there is little evidence of State
practice on several controversial questions. In practice, the
right has been exercised mainly in wartime. Nevertheless,
several writers consider it to be applicable in times of peace
and in cases of absolute necessity, such as the evacuation
of the population in the event of a national emergency."
Rainer Lagoni, "Angary, Right of," in 1 Encvclopedia of
Public International Law (1992).
angel. Mergers & acquisitions. An investor who infuses
enough cash to close a deal or who comes in at the last
minute to save a deal that otherwise would not close.
angel investor. See INVESTOR.
Anglice (ang-gla-see), adv. [French] In English. -This
term formerly appeared in pleadings to Signal an
English translation or restatement ofa previous Latin
word or phrase <panis, Anglice, bread>.
Anglo-American common law. See American common
law under COMMON LAW (2).
Anglo-Saxon law. 1he body of royal decrees and cus
tomary laws developed by the Germanic peoples who
dominated England from the 5th century to 1066.
anhlote, n. Hist. A Single tribute or tax paid according to
custom, such as scot and lot. See SCOT AND LOT.
aniente (an-ee-cmt or an-ee-ent), adj. [Law French] (Of a
law, etc.) having no force or effect; void. -Also spelled
anient. -Also termed aniens.
animal. Any living creature other than a human being.
Also termed creature.
animalferae naturae. See wild animal.
animal mansuetae naturae. See domestic animal.
dangerous animal. An animal that has harmed or has
threatened to harm a person or another animal.
domestic animal. 1. An animal that is customarily
devoted to the service ofhumankind at the time and
in the place where it is helped. See DOMITAE NATURAE;
MANSUETAE NATURAE. 2. Any animal that is statutorHy so deSignated. -Also termed animal mansuetae
naturae. [Cases: Animals (:::;:> 1.5(3).]
domesticated animal. 1. A feral animal that has been
tamed. 2. An animal that has customarily lived peace
ably with people, such as farm animals and pets. See
DOMITAE NATURAE.
feral animal. A domestic animal that has returned to
a wild state. -Feral animals, unlike others of their
species, are usu. unsocialized to people.
vicious animal.!. An animal that has shown itself to
be dangerous to humans. 2. Loosely, one belonging
to a breed or species that is known or reputed to be
dangerous. - A vicious animal may be domestic, feral,
or wild. See VICIOUS PROPENSITY. [Cases: Animals
(:::;:>66.2,66.5(2).]
wild animal. 1. An animal that, as a matter ofcommon
knowledge, are naturally untamable, unpredictable,
dangerous, or mischievous. See FERAE NATURAE. 2.
Any animal not statutorily designated as a domestic
animal. -Also termed wild creature; animal ferae
naturae. [Cases: Animals (:::;:> 1.5(2).]
"Wild creatures, such as game, are part of the land and
pass with it, though it cannot be said that they are within
the ownership of any particular person. Wild creatures
which have been tamed belong to the person who has
tamed them, and animals too young to escape belong to
the owner ofthe land on which they are, but in each case
the owner has only a qualified property in them, for the
moment they gain or regain their natural liberty the owner
ship is lost." G.c. Cheshire, Modern Law ofReal Property
118 (3d ed. 1933).
Animal and Plant Health Inspection Service. An agency
in the U.S. Department ofAgriculture responsible for
controlling or eliminating pests and plant diseases by
regulating the shipment ofagricultural products within
the United States -Established in 1977, some of its
functions were transferred to the U.S. Department of
Homeland Security in 2003. Abbr. APHIS. [Cases:
Agriculture (:::;:>9.]
animal ferae naturae. See wild animal under ANIMAL.
animal law, n. lhe field oflaw dealing with vertebrates
other than humans. -The field cuts across many tra
ditional doctr