343, T.S. No. 796. Also termed Pact ofParis.
kenning to a terce. Hist. Scots law. The sheriff's deter
mination ofwhich tracts or parts of a decedent's land
belong to a widow; esp., a sheriff's assignment of
dower.
Keogh plan (kee-oh). (1952) A tax-deferred retirement
program developed for the self-employed . This plan
is also known as an H.R. 10 plan, after the House of
Representatives bill that established the plan. -Also
termed self-employed retirement plan. Cf. INDIVIDUAL
RETIREMENT ACCOUNT. [Cases: Internal Revenue
4381.]
Ker-Frisbie rule. (1974) The principle that the gov
ernment's power to try a criminal defendant is not
impaired by the defendant's having been brought back
illegally to the United States from a foreign country.
Ker v. Illinois, 119 U.S. 436, 7 S.Ct. 225 (1886); Frisbie
v. Collins, 342 U.S. 519,72 S.Ct. 509 (1952).
Ketubah (ke-too-vah), n. Jewish law. A prenuptial agree
ment, signed by at least two independent witnesses, in
which a husband promises to support his wife and to
pay her a certain sum of money ifthe couple divorces.
 Ifthe couple is still married when the husband dies,
the sum promised upon divorce becomes the primary
debt to be paid out of the husband's estate. The terms of
a Ketubah are often enforceable in secular courts under
general contract-law principles.
keyage (kee-;}j). See QUAYAGE.
KeyCite, vb. (1997) To determine the subsequent history
of(a case, statute, etc.) by using the online citator ofthe
same name to establish that the point being researched
is still good law. KeyCiting, n.
key-employee life insurance. See LIFE INSURANCE.
key encryption. A software-cryptography system that
generates and employs a secure key pair, one public
key and one private key, to verify a digital signature
and decipher a secure, coded document.  The public

948 key-executive insurance
key is known to all possible receivers ofa message. The
private key is known only to the message's sender. Key
encryption transforms the message's characters into an
indecipherable "hash." A person who has the signer's
public key can decipher the message and detect whether
it has been altered and whether it was transmitted using
the sender's private key. It does not necessarily identify
the sender; identity is verified using a digital certifi
cate. Also termed public-key encryption. -Abbr.
PKE. See DIGITAL CERTIFICATE; HASH.
key-executive insurance. See key-employee insurance
under INSURANCE.
key man. See KEY PERSON.
key-man insurance. See key-employee life insurance
under LIFE INSURANCE.
key money. (1948) 1. Payment (as rent or security)
required from a new tenant in exchange for a key to
the leased property. [Cases: Landlord and Tenant 9
88(2).]2. Payment made (usu. secretly) bya prospective
tenant to a landlord or current tenant to increase the
chance of obtaining a lease in an area where there is a
housing shortage. -Key money in the first sense is a
legal transaction; key money in the second sense is usu.
an illegal bribe that violates hOUSing laws.
key-number system. (1909) A legal-research indexing
system developed by West Publishing Company (now
the West Group) to catalogue American caselaw with
headnotes. _ In this system, a number designates a
point oflaw, allowing a researcher to find all reported
cases addressing a particular point by referring to its
number.
key person. An important officer or employee; a person
primarily responsible for a business's success. -Also
termed key man.
key-person insurance. See key-employee insurance
under INSURANCE.
kickback, n. (I920) A return of a portion ofa monetary
sum received, esp. as a result of coercion or a secret
agreement <the contractor paid the city official a 5%
kickback on the government contract>. -Also termed
payoff. Cf. BRIBERY.
kicker. 1. An extra charge or penalty, esp. a charge added
to a loan in addition to interest. 2. An equity partici
pation that a lender seeks as a condition for lending
money, so that the lender may participate in rentals,
profits, or extra interest.
kickout clause. (1983) A contractual provision allowing
a party to end or modify the contract ifa specified event
occurs <under the kickout clause, the company could
refuse to sell the land if it were unable to complete its
acquisition ofthe new headquarters>.
kiddie tax. See TAX.
kidnap, vb. (l7c) To seize and take away (a person) by
force or fraud, often with a demand for ransom.
kidnapping. (17c) 1. At common law, the crime offorcibly
abducting a person from his or her own country and
sending the person to another. -This offense amounted to false imprisonment aggravated by moving the victim
to another country. 2. The crime ofseizing and taking
away a person by force or fraud. Also termed simple
kidnapping; (loosely) abduction; (archaically) mansteal
ing. See ABDUCTION. [Cases: Kidnapping C='14.]
"At early common law, kidnapping required a forcible
asportation of the victim to another country. Under modern
statutes, the asportation need not be this extensive."
Arnold H. Loewy, Criminal Law in a Nutshell 64 (2d ed.
1987).
aggravated kidnapping. (1943) Kidnapping accompa
nied by some aggravating factor (such as a demand
for ransom or injury of the victim).
child-kidnapping. (1978) The kidnapping of a minor,
often without the element offorce or fraud (as when
someone walks off with another's baby). -Also
termed child-stealing; baby-snatching; childnapping.
kidnapping by cesarean. The kidnapping ofa newborn
baby by a person who causes the unlawful and forcible
delivery of the baby by cesarean section without the
mother's consent. -The kidnapper is usu. a woman
of childbearing age who has lost a baby or is unable
to bear one. -Also termed newborn kidnapping by
cesarean section.
kidnappingfor ransom. (1909) The offense of unlaw
fully seizing a person and then confining the persoll,
usu. in a secret place, while attempting to extort
ransom. _ This grave crime is sometimes made a
capital offense. In addition to the abductor, a person
who acts as a go-between to collect the ransom is gen
erally considered guilty ofthe crime. [Cases: Kidnap
ping (;::::> 19.]
newborn-kidnapping by cesarean section. See kidnap
ping by cesarean.
parental kidnapping. (1984) The kidnapping of a
child by one parent in violation of the other parent's
custody or visitation rights. See PARENTAL KIDNAP
PING PREVENTION ACT.
simple kidnapping. (1943) Kidnapping not accompa
nied by an aggravating factor.
kidnapping by cesarean. See KIDNAPPING.
kill, vb. (14c) To end life; to cause phYSical death. -The
word is also used figuratively in putting an end to
something <opponents were able to kill the proposed
amendment>.
killer amendment. See AMENDMENT (3).
killing by misadventure. See ACCIDENTAL KILLING.
killing with malice. See MALICIOUS KILLING.
kin, n. (bef. 12c) l. One's relatives; family. Also termed
kindred. [Cases: Descent and Distribution C=:20-43;
Wills C:.:J 508.J 2. A relative by blood, marriage, or
adoption, though usu. by blood only; a kinsman or
kinswoman. See NEXT OF KIN.
kinbote. See manbote under BOTE (2).
kind arbitrage. See ARBITRAGE.

949
kindlie (kInd-lee). Scots law. A tenant's right to a lease's
renewal.
kindred. 1. See KIN. 2. See KINSHIP.
king. 1. A man who possesses, in his own right, the sov
ereignty and royal power in a monarchy. Cf. QUEEN
(1). 2. (cap.) English law. 1he British government; the
Crown. See CROWN.
"In modern times it has become usual to speak of the Crown
rather than of the King, when we refer to the King in his
public capacity as a body politic. We speak of the property
of the Crown, when we mean the property which the King
holds in right of his Crown. So we speak of the debts due
by the Crown, of legal proceedings by and against the
Crown, and so on. The usage is one of great convenience,
because it avoids a difficulty which is inherent in all speech
and thought concerning corporations sole, the difficulty,
namely, of distinguishing adequately between the body
politic and the human being by whom it is represented and
whose name it bears." John Salmond, Jurisprudence 341-42
(Glanville L. Williams ed., 10th ed. 1947).
King's advocate. See LORD ADVOCATE.
King's Bench. Historically, the highest common
law court in England, presided over by the reigning
monarch. _ When a queen begins to reign, the name
automatically changes to Queen's Bench. In 1873,
during Queen Victoria's reign, the court's jurisdiction
was transferred to the Queen's Bench Division of the
High Court of Justice. Abbr. K.B. Also termed
Court oiKing's Bench; Coram Rege Court. Cf. QUEEN'S
BENCH; QUEEN'S BENCH DIVISION.
'The court of King's Bench is the highest court of ordinary
justice in criminal cases within the realm, and paramount to
the authority ofjustices of gaol delivery. and commissions
of oyer and terminer. It has jurisdiction over all criminal
causes, from high treason down to the most trivial misde
meanor or breach of the peace." 1Joseph Chitty, A Practical
Treatise on the Criminal Law 156 (2d ed. 1826).
King's Chambers. In the United Kingdom, waters lying
within an imaginary line drawn from headland to
headland around the coast of Great Britain.
King's Counsel. In the United Kingdom, Canada, and
territories that have retained the rank, an elite, senior
level barrister or advocate. -Originally, a King's
Counsel was appointed to serve as counsel to the
reigning monarch. -Also termed senior counsel. -
Abbr. K.c. Cf. QUEEN'S COUNSEL.
King's Court. See CURIA REGIS.
King's evidence. See Queen's evidence under
EVIDENCE.
King's Great Sessions in Wales. See COURT OF GREAT
SESSIONS IN WALES.
King's peace. Hist. A royal subject's right to be protected
from crime (to "have peace") in certain areas subject
to the king's immediate control, such as the king's
palace or highway. _ A breach of the peace in one of
these areas subjected the offender to punishment in the
King's Court. Over time, the area subject to the King's
peace grew, which in turn increased the jurisdiction
of the royal courts. -Also written King's Peace. Cf.
AGAINST THE PEACE AND DIGNITY OF THE STATE. knight-service
"A breach of the King's Peace was at one time the most
comprehensive of all offences against the Crown; it indeed
included, and still includes, all the more serious crimes. At
one time, in fact, every indictment charged the accused
with an offence 'against the peace of our Sovereign Lord
the King'; and, though this form is no longer employed,
that is mainly because the imperative duty of not disturb
ing the King's Peace has by now evolved into an elaborate
system of Criminal Law." Edward Jenks, The Book ofEnglish
Law 134 (P.B. Fairest ed., 6th ed. 1967).
King's proctor. See QUEEN'S PROCTOR.
King's silver. Hist. Money paid in the Court of Common
Pleas for a license to levy a feudal fine; an amount due
on granting a conge d'accorder in levying a fine oflands.
-It amounted to three-twentieths of the supposed
annual value of the land, or ten shillings for every five
marks of land. -Also termed post-fine. See CONGE
D'ACCORDER; FINE (1).
kinship. Relationship by blood, marriage, or adoption.
Also termed kindred.
kinsman. See RELATIVE.
kinta!. See QUlNTAL.
kissing the Book. Hist. The practice of touching one's
lips to a copy of the Bible (esp. the New Testament) after
taking an oath in court. _ This practice -formerly
used in England was replaced by the practice of
placing one's hand on the Bible while swearing.
kitchen cabinet. See CABINET.
kiting. 1. CHECK-KITING. 2. Slang. Commercial law.
Raising money on credit, often by using accommoda
tion paper.
Klaxon doctrine (klak-s;m). (1966) Conflict oflaws. The
principle that a federal court exercising diversity juris
diction must apply the choice-of-Iaw rules of the state
where the court sits . In Klaxon Co. v. Stentor Elee.
lvlfg. Co., the Supreme Court extended the rule of Erie v.
Tompkins to


. Stentor Elee.
lvlfg. Co., the Supreme Court extended the rule of Erie v.
Tompkins to choice-of-Iaw issues. 313 U.S. 487, 61 S.Ct.
1020 (194l). -Also termed Erie/Klaxon doctrine. See
ERIE DOCTRINE. [Cases: Federal Courts ~409.1.1
kleptomania (klep-td-may-nee-d), n. (1830) A compul
sive urge to steal, esp. without economic motive.
kleptomaniac, n. & adj.
knight. (bef. 12c) 1. Hist. In the Middle Ages, a person
of noble birth who, haVing been trained in arms and
chivalry, was bound to follow an earl, baron, or other
superio'r lord into battle. 2. In modern Britain, a man
upon whom the monarch has bestowed an honorary
dignity (knighthood) as a reward for personal merit of
some kind. -The status of knighthood no longer relates
to birth or possessions and does not involve military
service.
knight bachelor. See BACHELOR (3).
knight ofthe post. Hist. A hired perjurer.
knight-service. Hist. A type of lay tenure in which a
knight held land of another person or the Crown in
exchange for a pledge of military service. Also
termed knight's service; (Scots law) ward holding. Cf
BASE SERVICE; SOCAGE; VILLEINAGE.

"By far the greater part of England is held of the king by
knight's service (per servitium militare): it is comparatively
rare for the king's tenants in chief to hold by any of the
ather tenures. In order to understand this tenure we must
farm the conception of a unit of military service. That
unit seems to be the service of one knight or fully armed
horseman (servitium unius militis) to be dane to the king in
his army for forty days in the year, if it be called for." 1 Fred
erick Pollock & Frederic W. Maitland, The History ofEnglish
Law Before the Time of Edward I 254 (2d ed. 1898).
knight's fee. Hist. 1be amount ofland that gave rise to the
obligation ofknight-service . The amount varied from
less than a hide to more than six hides. See HIDE.
knight's service. See KNIGHT-SERVICE.
knock-and-announce rule. (1969) Criminal procedure.
The requirement that the police knock at the door
and announce their identity, authority, and purpose
before entering a residence to execute an arrest or
search warrant. ~Also termed knock-and-notice rule.
Cf. no-knock search warrant under SEARCH WARRANT;
no-knock search under SEARCH. (Cases: Searches and
Seizures ~54,143.1.]
knock-for-knock agreement. (1949) An arrangement
between insurers whereby each will pay the claim of
its insured without claiming against the other party's
insurance.
knock in, vb. To rap on the courtroom door to announce
the entry of(one or more judges) <the law clerk, acting
as bailiff, knocked in the judges>.
knock off, vb. (1879) 1. To make an unauthorized copy
of (another's product), usu. for sale at a substantially
lower price than the original <the infringer knocked
off popular dress designs>. 2. Slang. To murder <the
gang leader was knocked offby one ofhis lieutenants>.
3. Slang. To rob or burglarize <the thieves knocked off
the jewelry store in broad daylight>.
knockoff, n. (1966) Intellectual property. An unauthor
ized counterfeit and usu. inferior copy of another's
product, esp. one protected by patent, trademark, trade
dress, or copyright, usu. passed off at a substantially
lower price than the original.
knock-out auction. See AUCTION.
know all men by these presents. (16c) Take note. _
This archaic form of address - a loan translation of
the Latin noverint universi per praesentes ~was tradi
tionally used to begin certain legal documents such as
bonds and powers of attorney, but in modern drafting
style the phrase is generally considered deadwood. See
NOVERINT UNIVERSI PER PRAESENTES. Cf. PATEAT UNI
VERSIS PER PRAESENTES.
know-how. (1838) The information, practical knowledge,
techniques, and skill required to achieve some practi
cal end, esp. in industry or technology. Know-how is
considered intangible property in which rights may be
bought and sold. See TRADE SECRET.
knowing, adj. (14c) 1. Having or showing awareness
or understanding; well-informed <a knowing waiver
of the right to counsel>. 2. Deliberate; conscious <a knowing attempt to commit fraud>. -knowingly,
adv.
knowing consent. See informed consent under CONSENT
(1).
knowledge. (14c) 1. An awareness or understanding ofa
fact or circumstance; a state ofmind in which a person
has no substantial doubt about the existence of a fact.
Cf. INTENT (1); NOTICE (1), (2); SCIENTER.
"It is necessary ... to distinguish between producing a
result intentionally and prodUCing it knowingly. Inten
tion and knowledge commonly go together, for he who
intends a result usually knows that it will follow, and he
who knows the consequences of his act usually intends
them. But there may be intention without knowledge. the
consequence being deSired but not foreknown as certai n
or even probable. Conversely, there may be knowledge
without intention, the consequence being foreknown as
the inevitable concomitant of that which is deSired, but
being itself an object of repugnance rather than desire,
and therefore not intended. When King David ordered Uriah
the Hittite to be set in the forefront of the hottest battle,
he intended the death of Uriah only, yet he knew for a
certainty that many others of his men would fall at the
same time and place." John Salmond, Jurisprudence 380-81
(Glanville L. Williams ed., 10th ed. 1947).
'''Knowingly' or 'knowledge' has a broad sweep when used
in connection with the element of a crime, and an untrue
representation has been 'knowingly' made if by one who
knows it is untrue, believes it is untrue or is quite aware
that he has not the slightest notion whether it is true or
not." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
379 (3d ed. 1982).
"[BJecause there are several areas of the criminal law
in which there may be good reason for distinguishing
between one's objectives and [one's] knowledge, the
modern approach is to define separately the mental states
of knowledge and intent .... This is the approach taken in
the Model Penal Code [ 2.02(2)(a) & (b)]." Wayne R. LaFave
& Austin W. ScottJr., Criminal Law 218 (2d ed. 1986).
actual knowledge. (16c) 1. Direct and clear knowledge,
as distingUished from constructive knowledge <the
employer, haVing witnessed the accident, had actual
knowledge of the worker's injury>. Also termed
express actual knowledge. 2. Knowledge of informa
tion that would lead a reasonable person to inquire
further <under the discovery rule, the limitations
period begins to run once the plaintiff has actual
knowledge of the injury>. ~Also termed (in sense
2) implied actual knowledge.
"The third issue in section 523(a)(3) is the meaning of
'notice or actual knowledge.' Under the Uniform Commer
cial Code knowledge means actually knowing something;
notice means having received information from which
one could infer the existence of the relevant fact. What
the adjective 'actual' adds to the idea of 'knowledge' is
unclear." David G. Epstein et aI., Bankruptcy 7-27, at 516
(1993).
common knowledge. See COMMON KNOWLEDGE.
constructive knowledge. (18c) Knowledge that one
using reasonable care or diligence should have, and
therefore that is attributed by law to a given person
<the court held that the partners had constructive
knowledge ofthe partnership agreement even though
none ofthem had read it>.
express actual knowledge. See actual knowledge (1).

firsthand knowledge. See personal knowledge.
implied actual knowledge. See actual knowledge (2).
imputed knowledge. (18c) Knowledge attributed to
a given person, esp. because of the person's legal
responsibility for another's conduct <the principal's
imputed knowledge ofits agent's dealings>.
personal knowledge. (17c) Knowledge gained through
firsthand observation or experience, as distinguished
from a belief based on what someone else has said.
Rule 602 of the Federal Rules of Evidence requires lay
witnesses to have personal knowledge ofthe matters
they testify about. An affidavit must also be based on
personal knowledge, unless the affiant makes it clear
that a statement relies on "information and belief."
Also termed firsthand knowledge. [Cases: Witnesses
(;::::37(2).J
reckless knowledge. (1911) A person's awareness that
a prohibited circumstance may exist, regardless of
which the person accepts the risk and goes on to
act.
scientific knowledge. (17c) Evidence. Knowledge that is
grounded on scientific methods that have been sup
ported by adequate validation. -Four primary factors
are used to determine whether evidence amounts to
scientific knowledge: (1) whether it has been tested; (2) whether it has been subjected to peer review and
publication; (3) the known or potential rate of error;
and (4) the degree of acceptance within the scientific
community. See DAUBERT TEST; SCIENTIFIC METHOD.
[Cases: Criminal Law (>::::>486; Evidence (>::::>555.]
superior knowledge. (17c) Knowledge greater than that
of another person, esp. so as to adversely affect that
person <in its fraud claim, the subcontractor alleged
that the general contractor had superior knowledge
of the equipment shortage>. [Cases: Fraud 17,
23; Negligence (>::::> 1088, 1286(2).]
2. Archaic. CARNAL KNOWLEDGE.
knowledge-of-falsity exclusion. See EXCLUSION (3).
known creditor. See CREDITOR.
known heir. See HEIR.
known-loss doctrine. Insurance. A principle denying
insurance coverage when the insured knows before
the policy takes effect that a specific loss has already
happened or is substantially certain to happen.
Also termed known-risk doctrine. [Cases: Insurance
C:"=-2101,226l.]
koop (ka-w;lp), n. [Dutch] Dutch law. Purchase;
bargain.
koopbrief(ka-w;lp-breef). [Dutch] Dutch law. A deed
ofsale.

L
1. abbr. 1. LAW (5). 2. LORD (1). 3. LOCUS. 4. LATIN.
1. A measure of the money supply, including M3 items
plus banker's acceptances, T-bills, and similar long
term investments. See M3.
label, n. (17c) 1. Trademarks. An informative display
of written or graphic matter, such as a logo, title, or
similar marking, affixed to goods or services to identify
their source . A label may be put on the packaging or
container of a manufactured product, or on the pack
aging or surface ofa natural substance. [Cases: Trade
marks 1057(1). 2. Any writing (such as a codicil)
attached to a larger writing. 3. A narrow slip of paper
or parchment attached to a deed or writ in order to
hold a seal.
label-and-significant-characteristics test. Securities.
The rule that an instrument will be governed by the
securities laws if it is labeled a stock and has the sig
nificant characteristics typically associated with shares
of stock.
labeHng. Under the Federal Food, Drug, and Cosmetic
Act, any label or other written, printed, or graphic
matter that is on a product or its container, or that
accompanies the product . To come within the Act,
the labeling does not need to accompany the product.
It may be sent before or after delivery of the product, as
long as delivery of the product and the written material
are part of the same distribution program. [Cases: Food
C=>15; Health C-~31l.]
label license. See LICENSE.
labes realis quae rei inhaeret (lay-beez ree-ay-lis kwee
ree-I in-heer-it). [Latin] Scots law. A real defect that
attaches to the thing. Cf. VITIUM REALE.
"Theft, also, constitutes a {abes realis in the title of any
one holding the subject stolen, no matter how honestly he
may have acquired it; and on this defect, which attaches
to it until it return to his possession, the true owner may
vindicate his right, and recover his subject wherever it can
be found." John Trayner, Trayner's Latin Maxims 312 (4th
ed,1894).
labina (l;)-bI-na), n. Archaic. Land covered by water;
swampland.
la bomba (I;) bom-ba). (sometimes cap.) An incendiary
device consisting of a plastic bag filled with fuel and
placed inside a paper bag stuffed with tissue and rigged
with a fuse . A person who uses such a device to start
a fire violates the federal arson statute. See 18 USCA
 844(j). [Cases: Explosives C=>4.]
labor, n. 1. Work ofany type, including mental exertion
<the fruits of one's labor>. _ The term usu. refers to
work for wages as opposed to profits.
child labor. See CHILD LABOR.
spousal labor. See SPOUSAL LABOR. 2. Workers considered as an economic unit or a politi
cal element <a dispute between management and labor
over retirement benefits>. 3. A Spanish


ers considered as an economic unit or a politi
cal element <a dispute between management and labor
over retirement benefits>. 3. A Spanish land measure
equal to 1771/7 acres. This measure has been used in
Mexico and was once used in Texas.
labor, vb. (I4c) 1. To work, esp. with great exertion
<David labored long and hard to finish the brief on
time>. 2. Archaic. To tamper with or improperly
attempt to influence (a jury). This sense derives from
the idea that the tamperer "endeavors" to influence the
jury's verdict. See EMBRACERY. -laborer, n.
labor agreement. See COLLECTIVE-BARGAINING AGREE
MENT.
laborariis (lay-b;)-rair-ee-is), n. [Latin "about laborers"]
Hist. An ancient writ against a person who had no other
means of support but refused to work throughout the
year.
laboratory conditions. Labor law. The ideal condi
tions for a union election, in which the employees
may exercise free choice without interference from the
employer, the union, or anyone else. [Cases: Labor and
Employment C=; 1193.]
labor contract. See COLLECTIVE-BARGAINING AGREE
MENT.
labor-desert model. The view that the inventive process
results from the inventor's labor to create something of
added value to society, and that this added value justifies
some social reward ("just deserts") to the inventor.
Also termed value-added model. Cf. EUREKA MODEL;
LABOR MODEL.
labor dispute. (1907) A controversy between an employer
and its employees concerning the terms or conditions
of employment, or concerning the association or rep
resentation of those who negotiate or seek to negotiate
the terms or conditions of employment. [Cases: Labor
and Employment C=> 1340.]
Labor Disputes Act. See NORRIS-LAGUARDIA ACT.
laborer. (l4c) 1. A person who makes a living by physical
labor. 2. WORKER.
laborer's lien. See mechanic's lien under LIEN.
laboring a jury. See EMBRACERY.
labor law. The field of law governing the relationship
between employers and employees, esp. law govern
ing the dealings of employers and the unions that rep
resent employees. Also termed industrial law. See
NATIONAL LABOR RELATIONS ACT. [Cases: Labor and
Employment (;:::::960.]
labor-management relations. (1947) The broad
spectrum of activities concerning the relationship
between employers and employees, both union and

953
nonunion. See FAIR LABOR STANDARDS ACT; NATIONAL
LABOR RELATIONS ACT; NATIONAL LABOR RELATIONS
BOARD.
Labor-Management Relations Act. A federal statute,
enacted in 1947, that regulates certain union activities,
permits suits against unions for proscribed acts, pro
hibits certain strikes and boycotts, and provides steps
for settling strikes involving national emergencies. 29
USCA  141 et seq. Also termed Taft-Hartley Act.
See NATIONAL LABOR RELATIONS BOARD.
labor model. The view that the inventive process is the
product of the inventor's labor, and the invention is
therefore the property of the inventor by natural right.
See LOCKE AN LABOR THEORY. Cf. EUREKA MODEL,
LABOR-DESERT MODEL.
labor organization. See UNION.
labor-relations act. (1935) A statute regulating relations
between employers and employees. -Although the
Labor-Management Relations Act is the chief federal
labor-relations act, various states have enacted these
statutes as welL
Labor Relations Board. See NATIONAL LABOR RELA
TIONS BOARD.
labor theory. See LOCKEAN LABOR THEORY.
labor union. See GNION.
lacca. See LACTA.
Lacey Act. A federal law, originally enacted in 1900, that
permits states to enforce their own game laws prohib
iting the importation of animals from other states
or countries. 16 USCA  661 et seq. See GAME LAW.
[Cases: Game
la chambre des esteilles (l~ shahm-bra da zes-tay), n.
[French] Hist. The Star Chamber. See STAR CHAMBER,
COURT OF.
laches (Iach-iz). [Law French "remissness; slackness"]
(l4c) 1. Unreasonable delay in pursuing a right or
claim almost always an equitable one -in a way that
prejudices the party against whom relief is sought.
Also termed sleeping on rights. lCases: Equity (>67.]
"Early in Its history, Chancery developed the doctrine that
where the plaintiff in equity delayed beyond the period of
the statute applicable at law, relief would be refused on
the ground of laches even though no specific prejudice to
the defendant was shown. Today. in most states, there are
statutes of limitations applying to suits in equity. Despite
these, however, the doctrine still holds that even if the
delay is for a shorter period of time than that of the statute,
it may still bar equitable relief if it is unreasonable and
prejudicial to the defendant." John F. O'Connell, Remedies
in a Nutshell 16 (2d ed. 1985).
prosecution laches. Patents. In a claim for patent
infringement, the eqUitable defense that the patentee
did not timely enforce the patent rights. [Cases:
Patents (>289(2).]
2. The equitable doctrine by which a court denies
relief to a claimant who has unreasonably delayed in
asserting the claim, when that delay has prejudiced the 189S;0 9normis
party against whom reHefis sought. Cf. LIMITATION (3).
[Cases: Equity (>67.]
''The doctrine of laches ... is an instance of the exercise of
the reserved power of equity to withhold relief otherwise
regularly given where in the particular case the granting
of such relief would be unfair or unjust." William F. Walsh,
A Treatise on Equity 472 (1930).
laches, estoppel by. See estoppel by laches under
ESTOPPEL
Lackey claim. A prisoner's assertion that incarcera
tion on death row for a protracted period is cruel and
unusual punishment. Lackey v. Texas, 514 U.S. 1045,
ll5 S.Ct. 1421 (1995) (denying cert.). [Cases: Sentencing
and Punishment (>1795.]
lack-of-antecedent-basis rejection. See REJECTION.
lack of capacity. The disability of a person to create or
enter into a legal relation because ofsome special char
acteristic. See CAPACITY (2).
lack ofenablement. See NONENABLEMENT.
lack-of-enablement rejection. See nonenablement rejec
tion under REJECTION (3).
lack of jurisdiction. See WANT OF JURISDICTION.
lack ofprosecution. See WANT OF PROSECUTION.
lack-of-utility rejection. See REJECTION.
lacta (lak-t~), n. [Law Latin] His/. Lack of or defect in the
weight of money. -Also termed lacca.
l'acte de l'etat civil. See ACTE (1).
lada (lay-dd), n. [Law Latin]l. Hist. A court ofjustice.
2. A canal for draining marshy ground; a watercourse;
a lade.
lade (layd), n. Hist. The mouth ofa river. -Also spelled
lode.
i laden in bulk, adj. Maritime law. (Of a vessel) loaded
, with a cargo that lies loose in the hold instead of
packaged. -Cargoes of corn, salt, and similar items
are usu. shipped in bulk.
lading, bill of. See BILL OF LADING.
i lady. (bef. 12c) In Britain, a title belonging to the wife
ofa peer, (by courtesy) the wife ofa baronet or knight,
or any Single or married woman whose father was a
I nobleman carrying a rank ofearl or higher.
lady-court. Hist. The court ofa lady of the manor.
i Lady Day. See quarter day under DAY.
lady's friend. Hist. The title of an officer in the English
House of Commons, whose duty was to secure a suitable
provision for a wife when her husband sought a parlia
mentary divorce. _ In 1857, parliamentary divorces and
the office oflady's friend were abolished by statute.
laenland. See LOANLAND.
laesa majestas (Iee-zd m~-jes-tas). See LESE MAJESTY.
laesio enormis (Iee-shee-oh i-nor-mis). [Law Latin
"excessive loss" or "abnormal loss of more than half"]
Roman c.~ civil law. 1. The sale ofa thing for which the
buyer paid less than half of its real value. -The seller

954 laesio ultra dimidium vel enormis
could rescind the sale, but the buyer could keep the
item purchased by paying the full value. Generally,
this doctrine was limited to land sales. 2. The injury
sustained by one party to an onerous contract when
the overreaching party receives twice the value ofthat
party's money or property, such as a purchaser who
pays less than halfofthe value ofthe property sold, or
a seller who receives more than double the property's
value. If coowner coheirs partition or sell property,
laesio enormis may exist when the purchaser pays less
than one-fourth of the value rather than one-half.
See La. Civ. Code arts. 824, 1406. -Also spelled lesio
enormis. -Also termed lesion; enorm lesion; (in full)
laesio enormis vel ultra dimidium (lee-shee-oh i-nor
mis vel al-tra di-mid-ee-Clm); (in Louisiana) lesion
beyond moiety.
"Lesion (/aesio enormis) was the rule, established very late,
that a seller could rescind a contract if he had received less
than half its real value .... [l]n spite of its imperfections,
lesion not only was adopted in all modern civilian systems
(French Code Civil 1674-1683), but became the means of
testing the validity of contracts generally by their fairness,
a principle embodied in the German Civil Code (section
138) and the Swiss Code of Obligations (section 21). Such
a test is no more difficult to apply in law than in eqUity,
where it has long been established in our system. As the
Romans applied it, it was a clumsy and inadequate way of
reaching this result. In modern courts, in ciVil-law coun
tries, it invests judges with a discretion not very likely to be
abused, but sufficient to act as a deterrent to the grosser
forms of economic exploitation." Max Radin, Handbook of
Roman Law 233-34 (1927).
laesio ultra dimidium vel enormis. See LAESIO
ENORMIS.
laesiwerp (lee-za-wClrp), n. [Saxon fr. laisus "bosom" +
werpire "to surrender"] Hist. A thing surrendered to
another's hands or power; a thing given or delivered.
laet (layt), n. Hist. A person of a class between servile
and free.
laga. See LAGE.
lagan (lag-Cln), n. (17c) 1. Goods that are abandoned at
sea but attached to a buoy so that they may be recov
ered. Also termed lagend; lagon; ligan; ligen; logan.
Cf. FLOTSAM; JETSAM; WAVESON. 2. Archaic. Wreckage
or cargo lying on the seabed.
lage (law or lay), n. [fro Saxon lag "law"] Hist. 1. Law. 2.
The territory in which certain law was in force, such
as danelage, mercenlage, and West-Saxon lage . This
term is essentially an obsolete form ofthe word law.
Also termed lagh; laga; lagu. See DANELAW; MERCEN
LAGE; WEST-SAXON LAW.
lage day (law day). A law day; a juridical day; a day of
open court. Also termed lagh day.
lageman (law-man or lay-man). See LEGALIS HOMO.
lagend (lag-and). See LAGAN.
lagging economic indicator. See ECONOMIC INDICA
TOR.
lagging indicator. See INDICATOR.
lagh day. See LAGE DAY. lagon (lag-an). See LAGAN.
lagu. See LAGE.
lahman (law-mCln or lay-man), n. [Saxon fro lah "law"]
Archaic. A lawyer. Also termed lagemannus.
laicus (laY-Cl-kas), n. [Law Latin] Rist. A layman; one who
is not in the ministry.
Laidlaw vacancy. Under the National Labor Relations
Act, a genuine opening in an employer's workforce,
resulting from the employer's expanding its work
force or discharging a particular employee, or from
an employee's resigning or otherwise leaving the
employment . The opening must be offered to striking
workers, in order of seniority, after a strike has been
resolved. Laidlaw Corp. v. NLRB, 414 F.2d 99 (7th Cir.
1969).
lairwite (lair-WIt), n. [fro Saxon lagan "to lie" + wite
"a fine"] Rist. A fine for adultery or fornication paid
to the lord of the manor; esp., a lord's privilege of
receiving a fine for fornication with the lord's female
villeins. -Also termed lairesite; lecherwite (lech-Clr
WIt); legerwite; leirwita; leyerwite; legenita (la-jen-Cl-tCl);
legruita (lCl-groo-a-ta).
lais gents (lay zhon[ tsD, n. pl. [Law French] R


Cl-groo-a-ta).
lais gents (lay zhon[ tsD, n. pl. [Law French] Rist. Laymen;
a jury.
laissez-faire (les-ay-fair), n. [French "let (people) do
(as they choose),'] (1825) 1. Governmental abstention
from interfering in economic or commercial affairs.
2. The doctrine favoring such abstention. -laissez
faire, adj.
laity (laY-Cl-tee). (I5c) Collectively, persons who are not
members ofthe clergy. [Cases: Religious Societies C:=c
7.]
lake, n. (l2c) 1. A large body of standing water in a
depreSSion ofland or basin supplied from the drainage
of an extended area; esp., a natural depression in the
surface ofthe earth containing a reasonably permanent
body ofwater that is substantially at rest. [Cases: Waters
and Water Courses ~-::> 108.2. A widened or expanded
part ofa river.
Lambeth degree (lam-bath). Hist. A degree conferred by
the Archbishop ofCanterbury, rather than by a univer
sity, as authorized under the Ecclesiastical Licenses Act
of 1533 (25 Hen. 8, ch. 21). 'The degrees were conferred
in music, theology, law, and medicine.
Lamb-Weston rule. Insurance. The doctrine that, when
two insurance policies provide coverage for a loss, and
each of them contains an other-insurance clause
creating a conflict in the order or apportionment of
coverage both ofthe other-insurance clauses will
be disregarded and liability will be prorated between
the insurers. Lamb-Weston, Inc. v. Oregon Auto. Ins.
Co., 341 P.2d 110 (Or. 1959). [Cases: Insurance
2112,2762.]
lame duck. (1910) An elected official serving out a term
after a successor has been elected. [Cases: Officers and
Public Employees C:=cSO.]
lame-duck amendment. See TWENTIETH AMENDMENT.

955 land
lame-duck session. See SESSION (I).
Lammas. See quarter day under DAY.
lammas land. See LAND.
land, n. (bef. 12c) 1. An immovable and indestructible
three-dimensional area consisting of a portion of the
earth's surface, the space above and below the surface,
and everything growing on or permanently affixed to it.
2. An estate or interest in real property. [Cases: Estates
in Property C=> 1.]
"In its legal significance, 'land' is not restricted to the
earth's surface, but extends below and above the surface.
Nor is it confined to solids, but may encompass within its
bounds such things as gases and liquids. A definition of
'land' along the lines of 'a mass of physical matter occupy
ing space' also is not sufficient, for an owner of land may
remove part or all of that physical matter, as by digging
up and carrying away the soil, but would nevertheless
retain as part of his 'land' the space that remains. Ulti
mately, as a juristic concept, 'land' is simply an area of
three-dimensional space, its pOSition being identified by
natural or imaginary points located by reference to the
earth's surface. 'Land' is not the fixed contents of that
space, although, as we shall see, the owner of that space
may well own those fixed contents. Land is immoveable,
as distinct from chattels, which are moveable; it is also, in
its legal significance, indestructible. The contents of the
space may be physically severed, destroyed or consumed,
but the space itself, and so the 'land', remains immutable."
Peter Butt, Land Law 9 (2d ed. 1988).
accommodation land. (1843) Land that is bought by a
builder or speculator who erects houses or improve
ments on it and then leases it at an increased rent.
acquired federal land. (usu. pI.) Federal land that was
never in the public domain. Seefederal land.
acquired land. Land acquired by the government
from private hands or from another governmental
entity; esp., property acquired by the federal govern
ment from private or state ownership . This term is
frequently contrasted with publiC domain. -Also
termed acquired lands. See PUBLIC DOMAIN (1).
[Cases: Public Lands ~,)4.]
"'Acquired lands' are lands the United States acquired
from private or state owners by gift, purchase, exchange,
or condemnation. In most but not all cases, such lands
actually have been 'reacquired,' because the United States
previously had purchased or won them from foreign and
Indian sovereigns. Distinguishing between lands because
of ownership origins that go back over a century is a policy
with little to recommend it, but some statutes and judicial
opinions maintain the distinction." George Cameron
Coggins, Public Natural Resources Law  1.02[11 (1990).
arable land (ar-;1-b;1l). (16c) Land fit for cultivation.
Formerly also termed araturia; aralia; aratia.
bounty land. A portion ofpublic land given or donated
as a reward, esp. for military service. See MILITARY
BOUNTY LAND. [Cases: Public Lands (:::::>46.]
certificate land. Land in the western part of Pennsyl
vania set apart after the American Revolution to be
bought with certificates that the soldiers received in
lieu of pay. Cf. donation land.
Crown land. Demesne land of the Crown; esp., in
England and Canada, land belonging to the sovereign
personally, or to the government, as distinguished from land held under private ownership. -Also
termed demesne land of the Crown. See demesne
land.
demesne land (di-mayn or di-meen). Hist. Land
reserved by a lord for personal use.
donation land. Land granted from the public domain
to an individual as a gift, usu. as a reward for services
or to encourage settlement in a remote area . The
term was initially used in Pennsylvania to reward
Revolutionary War soldiers. Cf. certificate land.
[Cases: Public Lands ~~4S.J
earned land. Public land that is conveyed by a land
patent to a private person who has performed a
certain condition, usu. one spelled out in an earlier
grant. See PATENT (2).
enclosed land. (17c) Land that is actually enclosed and
surrounded with fences.
fabric land. Hist. Land given toward the maintenance,
repair, or rebuilding of a cathedral or other church.
 This term derives from funds given ad fabricam
ecclesiae reparandam ("to repair the fabric of the
church").
"Fabrick-Lands are lands given towards the maintenance,
rebuilding, or repair of Cathedrals or other churches ....
In antient time almost everyone gave by his Will more or
less to the Fabrick of the Cathedral or Parish-Church where
he liv'd." Thomas Blount, Noma-Lexicon: A Law-Dictionarv
(1670).
fast land. (often pl.) (16c) Land that is above the high
water mark and that, when flooded by a government
project, is subjected to a governmental taking.
Owners of fast lands are entitled to just compensa
tion for the taking. See TAKING (2). [Cases: Eminent
Domain (:::::>2.17(5).]
federal land. (usu. pl.) Land owned by the United States
government.  Federal lands are classified as public
lands (also termed "lands in the public domain") or
acquired federal lands, depending on how the land
was obtained. See acquired federal land. [Cases: Public
Lands C=>4.J
government land. See public land.
hide land. Hist. See HIDE.
improved land. (17c) Land that has been developed;
esp., land occupied by buildings and structures . The
improvements mayor may not enhance the value of
the land.
indemnity land. See INDEMNITY LAND.
lammas land (lam-;)s). Hist. Land over which persons
other than the owner have the right of pasturage
during winter, from lammas (reaping time) until
sowing time.
lieu land (loa). Public land within indemnity limits
granted in lieu of those lost within place limits.
[Cases: Public Lands C=>S3, 81.]
life land. Hist. Land leased for a term measured by
the life of one or more persons. -Also termed life
hold.

956 land,lawof
made land. Artificially formed land, usu.land that has
been reclaimed by filling or created by dredging.
mineral land. (18c) Land that contains deposits of
valuable minerals in quantities justifying the costs
of extraction and using the land for mining, rather
than agricultural Of other purposes.
place land. See INDEMNITY LAND.
public land. (17c) Lands Of land interests held by the
government, without regard to how the government
acquired ownership; unappropriated land belonging
to the federal or state government. Also termed
public lands; government land; public ground. [Cases:
Public Lands C=:> 1.]
'The terms 'public lands' and 'federal lands' may ... include
less than full fee interests, such as severed mineral estates.
They usually do not, however, refer to submerged lands
off the seacoasts (over which the United States asserts
jurisdiction but not title), or lands held in trust for Indians."
George Cameron Coggins et aI., Federal Public Land and
Resources Law 3 (3d ed. 1993).
reserved land. See RESERVATION (3).
riparian land. 1. Land that includes part ofthe bed
of a watercourse or lake. [Cases: Waters and "Vater
Courses C=:>40, 89, 109, In.] 2. Land that borders on a
public watercourse or public lake whose bed is owned
by the public. [Cases: Waters and Water Courses C=:>
39.]
school land. (18c) Public real estate set apart for sale
or exploitation by a state to establish and fund public
schools. [Cases: Public Lands G-'-::>51.J
seated land. (1822) Land that is occupied, cultivated,
improved, reclaimed, farmed, or used as a place of
residence, with or without cultivation.
settled land. Any land -or any interest in it that is
the subject ofany document that limited it to, or put
it into trust for, a person by way ofsuccession.
swamp and overflowed land. (1853) Land that, because
of its boggy, marshy, fenlike character, is unfit for cul
tivation, requiring drainage or reclamation to render
it available for beneficial use. -Such lands were
granted out of the U.S. public domain to the littoral
states by acts of Congress in 1850 and thereafter. 43
USCA  981 et seq. [Cases: Public Lands C=:>58.]
tideland. See TIDELAND.
unimproved land. 1. Raw land that has never been
developed, and usu. that lacks utilities. 2. Land that
was formerly developed but has now been cleared of
all buildings and structures.
withdrawn land. See RESERVATION (3).
land, law of. See LAW OF THE LAND.
land agent. See LAND MANAGER.
land bank. (1921) 1. A bank created under the Federal
Farm Loan Act to make loans at low interest rates
secured by farmland. [Cases: Agriculture ~;)3.2.]
2. A program in which land is retired from agricul
tural production for conservation or tree-cultivation purposes. Also termed soil bank. See FEDERAL HOME
LOAN BANK.
land boundary. See BOUNDARY.
land certificate. A document entitling a person to receive
from the government a certain amount ofland by fol
lowing prescribed legal steps . It contains an official
description ofthe land, as well as the name and address
of the person receiving the entitlement, and is prima
facie evidence of the truth of the matters it contains.
Also termed land warrant. [Cases: Public Lands
174.]
landcheap. Hist. A customary fine paid in money
or cattle when any real property within a manor or
borough was transferred.
land-conservation agreement. See land-conservation
easement under EASEMENT.
land-conservation easement. See EASEMENT.
land contract. See contract for deed under CONTRACT.
land cop. Hist. The sale ofland evidenced by the transfer
in court of a rod or festuca as a symbol of possession.
 The seller handed the rod to the reeve and the reeve
handed it to the purchaser. The conveyance occurred
in court to provide better evidence of the transfer and
to bar the claims of expected heirs.
land court. See COURT.
land damages. See just compensation under COMPEN
SATION.
land department. A federal or state bureau that deter
mines factual matters regarding the control and
transfer ofpublic land . The federal land department
includes the General Land Office headed by the Secre
tary of the Interior. See DEPARTMENT OF THE INTERIOR.
[Cases: Public Lands C:::>94.]
land description. See LEGAL DESCRIPTION.
land district. See DISTRICT.
landed, adj. (lSc) 1. (Of a person) having an estate in
land. 2. (Of an estate, etc.) consisting ofland.
landed estate. See ESTATE (1).
landed-estates court. See COURT.
landed property. See landed estate under ESTATE (1).
landed security. See SECURITY.
landed servitude. See servitude appurtenant under SER
VITUDE (2).
landefricus (lan-dd-frI-bs). Hist. A landlord or lord of
the soil.
landegandman (lan-d,,-gand-m.m or lan-d"-g"nd-mdn).
Hist. A customary or inferior tenant of a manor.
land flip. (1988) Real estate. A transaction in which a
piece ofproperty is purchased for one price and imme
diately sold, usu. to a fictitious entity, for a much higher
price, to dupe a lender or later purchaser into thinking
that the property is more valuable than it actually


, for a much higher
price, to dupe a lender or later purchaser into thinking
that the property is more valuable than it actually is.
land forces. See UNITED STATES ARMY.

land-gavel (land-gav-al). Hist. A tax or rent issuing from
land. Also spelled landgable; land-gabel; land-gafol.
See GAVEL (1), (2).
land grant. (1862) A donation ofpublic land to an indi
vidual, a corporation, or a subordinate government.
[Cases: Public Lands C--="42.]
private land grant. (1861) A land grant to a natural
person. See land patent under PATENT (2).
landhlaford (land-[h]lav-ard). Hist. A proprietor ofland;
a lord of the soil.
landholder. (17c) One who possesses or owns land.
land improvement. See IMPROVEMENT.
landing. (15c) 1. A place on a river or other navigable
water for loading and unloading goods, or receiving
and delivering passengers and watercraft. 2. The ter
mination point on a river or other navigable water for
these purposes. 3. The act or process of coming back
to land after a voyage or flight.
landing law. A law prohibiting the possession or sale
of fish or game that have been taken illegally. [Cases:
Fish 12.]
land lease. See ground lease under LEASE.
landlocked, adj. (17c) 1. Surrounded by land, with no way
to get in or out except by crossing the land of another
<because the tract was landlocked, the buyer claimed
an easement of necessity across the seller's property>.
2. (Of a country) surrounded by other nations, with no
access to major navigable waterways <the landlocked
nation had always been at a mercantile disadvantage to
its seafaring neighbors>.
landlord. (bef. 12c) 1. At common law, the feudal
lord who retained the fee of the land. -Sometimes
shortened to lord. 2. One who leases real property to
another. -Also termed (in sense 2) lessor. [Cases:
Landlord and Tenant (;:::> 1.]
absentee landlord. A landlord who does not live on the
leased premises; usu., one who lives far away. -Also
termed absentee management.
landlord-and-tenant relationship. See LANDI,ORD-TEN
ANT RELATIONSHIP.
landlord's hypothec. See HYPOTHEC.
landlord's lien. See LIEN.
landlord's warrant. See WARRANT (1).
landlord-tenant relationship. (1921) The legal relation
ship between the lessor and lessee of real estate . The
relationship is contractual, created by a lease (or agree
ment for lease) for a term ofyears, from year to year,
for life, or at will, and exists when one person occupies
the premises of another with the lessor's permission
or consent, subordinated to the lessor's title or rights.
There must be a landlord's reversion, a tenant's estate,
transfer ofpossession and control ofthe premises, and
(generally) an express or implied contract. - Also
termed landlord-and-tenant relationship. See LEASE.
[Cases: Landlord and Tenant 1.] landman. (1923) Oil & gas. A person responsible for
acquiring oil and gas leases, negotiating arrange
ments for development ofleases, and managing leased
properties. In this field, both men and women are
commonly known as landmen.
land manager. Oil & gas. A person who, usu. on behalf
of an oil company, contracts with landowners for the
mineral rights to their land. Also termed exploration
manager; land agent; landman.
landmark. (bef. 12c) 1. A feature of land (such as a
natural object, or a monument or marker) that demar
cates the boundary of the land <according to the 1891
survey, the crooked oak tree is the correct landmark
at the property's northeast corner>. [Cases: Boundar
ies C=c4, 5.] 2. A historically significant building or
site <the schoolhouse built in 1898 is the county's most
famous landmark>. See MONUMENT. [Cases: Environ
mental Law (;::::>61-103.]
landmark decision. (1913) A judicial decision that sig
nificantly changes existing law . Examples are Brown
v. Board of Educ., 347 U.S. 483, 74 S.Ct. 686 (1954)
(holding that segregation in public schools violates the
Equal Protection Clause), and Palsgraf v. Long Island
R.R., 162 N.E. 99 (N.Y. 1928) (establishing that a defen
dant's duty in a negligence action is limited to plaintiffs
within the apparent zone ofdanger that is, plaintiffs
to whom damage could be reasonably foreseen). Also
termed landmark case. Cf. LEADING CASE.
land office. (17c) A government office in which sales of
public land are recorded. [Cases: Public Lands
94.]
landowner. One who owns land.
landowner's royalty. See ROYALTY (2).
land patent. See PATENT (2).
land-poor, adj. (1873) (Of a person) owning a substan
tial amount of unprofitable or encumbered land, but
lacking the money to improve or maintain the land or
to pay the charges due on it.
land-preservation agreement. See land-conservation
easement under EASEMENT.
landreeve. Hist. A person charged with (1) overseeing
certain parts of a farm or estate, (2) attending to the
timber, fences, gates, buildings, private roads, and
watercourses, (3) stocking the commons, (4) watching
for encroachments of all kinds, (5) preventing and
detecting waste and spoliation by tenants and others,
and (6) reporting on findings to the manager or land
steward.
land revenue. See REVENUE.
Landrum-Griffin Act. A federal law, originally enacted
in 1959 as the Labor-Management Reporting and Dis
closure Act, designed to (1) curb corruption in union
leadership and undemocratic conduct in internal union
affairs, (2) outlaw certain types ofsecondary boycotts,
and (3) prevent so-called hot-cargo provisions in col
lective-bargaining agreements. See HOT CARGO.

958 lands
lands, n. pl. (14c) 1. At common law, property less exten
sive than either tenements or hereditaments. 2. By
statute in some states, land including tenements and
hereditaments. See HEREDITAMENTS; TENEMENT.
land sales contract. See contract for deed under
CONTRACT.
land scrip. A negotiable instrument entitling the holder,
usu. a person or company engaged in public service,
to possess specified areas of public land. See SCRIP (1).
[Cases: Public Lands (;::::J 135(1).]
lands, tenements, and hereditaments. (16c) Real
property. -The term was traditionally used in wills,
deeds, and other instruments.
land tax. See property tax under TAX.
land-tenant. See TERRE-TENANT.
Land Titles and Transfer Act. Hist. An 1875 statute
establishing a registry for titles to real property, and
providing for the transfer of lands and recording of
those transfers. 38 & 39 Vict., ch. 87. -The act is analo
gous in some respects to American recording laws, such
as those providing for a registry of deeds. A system
of title registration superseded this registry system in
1925.
land trust. See TRUST.
land trust certificate. An instrument granting the holder
a share ofthe benefits ofproperty ownership, while the
trustee retains legal title. See land trust under TRUST.
land-use planning. (1939) The deliberate, systematic
development of real estate through methods such as
zoning, environmental-impact studies, and the like.
Also spelled landuse planning. Also termed urban
planning. [Cases: Zoning and Planning
land-use regulation. An ordinance or other legisla
tive enactment governing the development or use of
real estate. Also spelled landuse regulation. [Cases:
Zoning and Planning (;::::J 1.]
"Public regulation of the use and development of land
comes in a variety of forms which generally focus on four
aspects of land use: (1) the type of use, such as whether
it will be used for agricultural, commercial, industrial, or
residential purposes; (2) the density of use, manifested
in concerns over the height, width, bulk, or environmen
tal impact of the physical structures on the land; (3) the
aesthetic impact of the use, which may include the design
and placement of structures on the land; and (4) the effect
of the particular use of the land on the cultural and social
values of the community, illustrated by community conflicts
over adult entertainment, housing for service-dependent
groups such as low income families and developmentally
disabled persons, and whether the term family should be
defined in land use regulations to include persons who are
not related by blood or marriage." Peter W. Salsich Jr., Land
Use Regulation 1 (1991).
land waiter. English law. A customhouse officer with the
responsibility ofexamining, tasting, weighing, measur
ing, and accounting for merchandise landing at any
port.
land warfare. See WARFARE.
land warrant. See LAND CERTIFICATE. Langdell system. See CASEBOOK METHOD.
langeman (lan-ja-m.:m), n. Hist. A lord of a manor. PI.
langemanni (lan-ja-man-I).
language. (14c) 1. Any organized means of convey
ing or communicating ideas, esp. by human speech,
written characters, or sign language <what language
did they speak?>. 2. The letter or grammatical import
ofa document or instrument, as distinguished from its
spirit <the language ofthe statute>.
languidus (lang-gwi-d;)s), n. [Law Latin "sick"] Hist. At
common law, a return of process made by the sheriff
when a defendant whom the sheriff had taken into
custody was too sick to be removed.
Lanham Act (lan-am). A federal trademark statute,
enacted in 1946, that provides for a national system
of trademark registration and protects the owner of
a federally registered mark against the use of similar
marks if any confusion might result or if the strength
ofa strong mark would be diluted. -The Lanham Act's
scope is independent of and concurrent with state
common law. 15 USCA  1051 et seq. Also termed
Federal Trademark Act; Trademark Act of1946.
lapidation (lap-::>-day-sh;)n), n. An execution by stoning
a person to death. -lapidate (lap-::>-dayt), vb.
lappage (Iap-ij). Interference; lap and overlap; conflict. -
Lappage applies when two different owners claim under
deeds or grants that, in part, cover the same land.
lapping. (1939) An embezzlement technique by which
an employee takes funds from one customer's accounts
receivable and covers it by using a second customer's
payment to pay the first account, then a third cus
tomer's payment to pay the second account, and so on.
[Cases: Embezzlement (;::::J 12.]
lapse, n. (16c) L The termination ofa right or privilege
because ofa failure to exercise it within some time limit
or because a contingency has occurred or not occurred.
2. Wills & estates. The failure of a testamentary gift,
esp. when the beneficiary dies before the testator. See
ANTILAPSE STATUTE. Cf. ADEMPTION. [Cases: Wills
774-777.J
lapse, vb. (18c) 1. (Of an estate or right) to pass away or
revert to someone else because conditions have not been
fulfilled or because a person entitled to possession has
failed in some duty. See lapsed policy under INSURANCE
POLICY. 2. (Of a devise, grant, etc.) to become void.
lapsed devise. See DEVISE.
lapsed legacy. See LEGACY.
lapsed policy. See INSURANCE POLICY.
lapse patent. See PATENT (2).
lapse statute. See ANTILAPSE STATUTE.
lapsus bonis (lap-s;)s boh-nis). [Latin] Scots law. Reduced
in worldly circumstances. -The phrase appeared in
reference to a person who was having temporary finan
cial difficulties.

959 laron
larcenable (lahr-sCl-I1J-bCll), adj. (1920) Subject to larceny
<because it cannot be carried away, real estate is not
larcenable>. [Cases: LarcenyC=>4-1O.]
larcenist, n. (1803) One who commits larceny. See
LARCENY.
larcenous (lahr-sCl-nJs), adj. (18c) 1. Of, relating to, or
characterized by larceny <a larcenous taking>. 2. (Of a
person) contemplating or tainted with larceny; thievish
<a larcenous purpose>.
larcenous intent. See INTENT (1).
larceny (lahr-sCl-nee), n. (15c) The unlawful taking and
carrying away ofsomeone else's personal property with
the intent to deprive the possessor of it permanently.
 Common-law larceny has been broadened by some
statutes to include embezzlement and false pretenses,
all three ofwhich are often subsumed under the statu
tory crime of"theft. Cf. ROBBERY. [Cases: Larceny C:::)
1.]
'The criminal offence of larceny or theft in the Common Law
was intimately connected with the civil wrong of trespass.
'Where there has been no trespass,' said Lord Coleridge,
'there can at law common be no larceny.' Larceny. in other
words, is merely a particular kind of tres


,
'there can at law common be no larceny.' Larceny. in other
words, is merely a particular kind of trespass to goods
which, by virtue of the trespasser's intent, is converted
into a crime. Trespass is a wrong, not to ownership but to
possession, and theft, therefore, is not the violation of a
person's right to ownership, but the infringement of his
possession, accompanied with a particular criminal intent."
4 Stephen's Commentaries on the Laws of Eng/and 72-73
(l. Crispin Warmington ed., 21st ed. 1950).
"[Tlhe distinctions between larceny, embezzlement and
false pretenses serve no useful purpose in the criminal
law but are useless handicaps from the standpoint of the
administration of criminal justice. One solution has been
to combine all three in one section of the code under the
name of 'larceny.' This has one disadvantage, however,
because it frequently becomes necessary to add a modifier
to make clear whether the reference is to common-law
larceny or to statutory larceny." Rollin M. Perkins & Ronald
N. Boyce, Criminal Law 389 (3d ed. 1982).
aggravated larceny. (1831) Larceny accompanied by
some aggravating factor (as when the theft is from a
person). -Also termed compound larceny. [Cases:
Larceny~23.]
complicated larceny. See mixed larceny.
compound larceny. 1. See aggravated larceny. 2. See
mixed larceny.
constructive larceny. (1827) Larceny in which the per
petrator's felonious intent to appropriate the goods is
construed from the defendant's conduct at the time
of asportation, although a felonious intent was not
present before that time. [Cases: Larceny (;:::::3(2).]
grand larceny. (1828) Larceny ofproperty worth more
than a statutory cutoff amount, usu. $100. Cf. petit
larceny. [Cases; Larceny C=>23.]
''The English law, as the result of an early statute [the Statute
of Westminster I, ch. 15 (1275)]. classified this offense
[larceny] as either (1) grand larceny or (2) petit larceny (now
frequently written petty larceny), the former being a capital
offense and the latter punishable by forfeiture of goods
and whipping, but not death. Both, as mentioned earlier,
were felonies. The offense was grand larceny if the value
of the property stolen exceeded twelve pence and petit larceny if it did not. Modern statutes very generally retain
this same classification (sometimes without using these
labels) but with different penalties and different values set
as the dividing line." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law 335 (3d ed. 1982).
larceny by a constructive trespass. Larceny that occurs
when a property owner mistakenly gives another
person more property than is due, and the recipient
knows about the error but does not disclose it before
taking the excess property with the intent ofconvert
ing it to his or her own use.
larceny by bailee. Larceny committed by a bailee who
converts the property to personal use or to the use of
a third party. [Cases: Embezzlement (;:::::-, 16; Larceny
(;::::> 15.]
larceny by extortion. See theft by extortion under
THEFT.
larceny byfraud and deception. See larceny by trick.
larceny by trick. (1898) Larceny in which the taker
misleads the rightful possessor, by misrepresentation
of fact, into giving up possession of (but not title to)
the goods. - Also termed larceny by trick and decep
tion; larceny by trick and device; larceny by fraud and
deception. Cf. FALSE PRETENSES; cheating by false pre
tenses under CHEATING. [Cases: Larceny ~14.J
larceny from the person. (18c) Larceny in which the
goods are taken directly from the person, but without
violence or intimidation, the victim usu. being
unaware ofthe taking. Pickpocketing is a typical
example. This offense is similar to robbery except that
violence or intimidation is not involved. Cf. ROBBERY.
[Cases: LarcenyC=>19.]
larceny ofproperty lost, mislaid, or delivered by
mistake. See theft ofproperty lost, mislaid, or deliv
ered by mistake under THEFT.
mixed larceny. (18c) 1. Larceny accompanied by aggra
vation or violence to the person. Cf. simple larceny.
2. Larceny involving a taking from a house. -Also
termed compound larceny; complicated larceny.
petit larceny. (I6c) Larceny ofproperty worth less than
an amount fixed by statute. usu. $100. -Also spelled
petty larceny. Cf. grand larceny. [Cases: Larceny
23.]
simple larceny. (I8c) Larceny unaccompanied by aggra
vating factors; larceny ofpersonal goods unattended
by an act ofviolence. Cf. mixed larceny (1).
larger parcel. (1895) Eminent domain. A portion ofland
that is not a complete parcel, but is the greater part of
a bigger tract, entitling the owner to damages both for
the parcel taken and for its severance from the larger
tract. To grant both kinds of damages, a court gen
erally requires the owner to show unity ofownership,
unity of use, and contiguity ofthe land. But some states
and the federal courts do not require contiguity when
there is strong evidence ofunity ofuse. See ECONOMIC
UNIT. [Cases: Eminent Domain ~96, 135.]
laron (lar-dn), n. [Law French] Hist. A thief.

Larrison rule (lar-<>-s<}n). (19S2) Criminal law. The ! last heir. Hist. The person -either the lord ofthe manor
doctrine that a defendant may be entitled to a new trial
on the basis ofnewly discovered evidence offalse testi
mony by a government witness if the jury might have
reached a different conclusion without the evidence
and it unfairly surprised the defendant at trial. Larrison
v. United States, 24 F.2d 82 (7th Cir. 1928). [Cases:
Criminal Law (;=>942.]
"The most usual rule in cases in which it is claimed that
there was false testimony at the trial or that the witness
has since recanted is the 'Larrison rule,' taking its name
from the Seventh Circuit case in which it was announced.
This is that three requirements must be met before a new
trial will be granted on this ground: '(a) [That the] the court
is reasonably well satisfied that the testimony given by a
material witness [was] false. (b) That without it the jury
might have reached a different conclusion. (c) That the
party seeking the new trial was taken by surprise when the
false testimony was given and was unable to meet it for it
did not know of its falsity until after the triaL'" 3 Charles
Alan Wright, Federal Practice and Procedure  557.1, at 343
(2d ed. 1982) (quoting Larrison, 24 F.2d at 87-88).
lascivious (l<>-siv-ee-ds), adj. (1Sc) (Of conduct) tending
to excite lust; lewd; indecent; obscene.
lascivious cohabitation. See illicit cohabitation under
COHABITATION.
L'Association Litteraire et Artistique Internationale.
Copyright. An organization of authors, artists, and
other supporters ofinternational copyright protection.
 In 1878, the Association drafted five resolutions that
would become the starting point for the Berne Conven
tion. In 1883, the organization called the first meeting
in Berne, Switzerland for the purpose of creating a
union to enforce international copyrights. Often
shortened to the International Association. -Abbr.
ALAI.
last, n. Hist. 1. A burden. 2. A measure of weight used
for bulky commodities.
last antecedent, rule ofthe. See RULE OF THE LAST ANTE
CEDENT.
last-dear-chance doctrine. (1904) Torts. The rule that a
plaintiff who was contributorily negligent may none
theless recover from the defendant ifthe defendant had
the last opportunity to prevent the harm but failed to
use reasonable care to do so (in other words, if the
defendant's negligence is later in time than the plain
tiff's). This doctrine allows the plaintiff to rebut the
contributory-negligence defense in the few jurisdic
tions where contributory negligence completely bars
recovery. Also termed discovered-peril doctrine;
humanitarian doctrine; last-opportunity doctrine;
subsequent-negligence doctrine; supervening-negligence
doctrine; doctrine ofultimate negligence; doctrine ofdis
covered peril; doctrine ofsubsequent negligence. [Cases:
Automobiles (;=>227; Negligence (;=>S30, 1297.)
last-employer rule. The doctrine that liability for an
occupational injury or illness falls to the employer
who exposed the worker to the injurious substance just
before the first onset of the disease or injury. Also
termed last-injurious-exposure rule. [Cases: Workers'
Compensation (;=>201.] or the sovereign -to whom lands come by escheat
when there is no lawful heir.
last illness. (1904) The sickness ending in the person's
death. Also termed last sickness.
last-in, first-out. (1934) An accounting method that
assumes that the most recent purchases are sold or
used first, matching current costs against current
revenues. Abbr. LIFO. Cf. FIRST-IN, FIRST-OUT;
NEXT-IN, FIRST-OUT. [Cases: Internal Revenue
31OS.1.]
last-injurious-exposure rule. See LAST-EMPLOYER
RULE.
last-in-time-marriage presumption. Family law. A pre
sumption that the most recently contracted marriage is
valid. -This presumption generally arises in a situation
similar to this: A person, believing himself or herself
to be divorced, remarries. This person dies, and the
new spouse makes a claim for the decedent's pension
benefits. Then a former spouse, claiming that there was
never a valid divorce, also claims the right to receive
the benefits. The last-in-time-marriage presumption
operates so that the former spouse bears the burden
of proving that there was no valid divorce. [Cases:
Marriage C"-:J40(S).]
last-link doctrine. (198S) The rule that an attorney
need not divulge nonprivileged information if doing
so would reveal information protected by the attor
ney-client privilege, particularly if the information
would provide essential evidence to support indicting
or convicting the client of a crime . This doctrine is
often relied on as an exception to the rule that a client's
identity is not privileged. For example, ifdivulging the
client's name would supply the last link of evidence
to indict or convict that client, the attorney need not
disclose the client's name. [Cases: Privileged Commu
nications and Confidentiality (;=> 146.]
last-opportunity doctrine. See LAST-CLEAR-CHANCE
DOCTRINE.
last-proximate-act test. (1961) Criminal law. A common
law test for the crime ofattempt, based on whether the
defendant does the final act necessary to commit an
offense (such as pulling the trigger of a gun, not merely
aiming it) . Most courts have rejected this test as being
too lenient. See ATTEMPT (2). [Cases: Criminal Law(;=>
44.]
last resort, court of. See court of last resort under
COURT.
last sickness. See LAST ILLNESS.
last-straw doctrine. Employment law. The rule that the
termination of employment may be justified by a series
of incidents of poor performance, not one of which
alone would justify termination, followed by a final
incident shOWing a blatant disregard for the employ
er's interests.
last-survivor life insurance. See LIFE INSURANCE.

961 lator
last-treatment rule. The doctrine that, for an ongoing
physician-patient relationship, the statute oflimita
tions on a medical-malpractice claim begins to run
when the treatment stops or the relationship ends.
[Cases: Limitation of Actions (:::::>55(3).]
last will. See WILL.
last will and testament. See last will under WILL.
lata culpa. See CULPA.
lata neglegentia (lay-tJ neg-1J-jen-shee-J). See NEGLE
GENTIA.
latching. A survey of a mine; an underground survey.
late, adj. (bel'. 12c) 1. Tardy; coming after an appointed
or expected time <a late filing>. 2. (Of a person) only
recently having died <the late Secretary of State>.
late charge. See CHARGE.
latecomer. See JU~IOR USER.
latens (lay-tenz), adj. [Latin] Hidden or unapparent.
latent (lay-tJnt), adj. (I5c) Concealed; dormant <a latent
defect>. Cf. PATENT.
latent ambiguity. See AMBIGUITY.
latent deed. See DEED.
latent defect. See hidden defect under DEFECT.
latent equity. See EQUITY.
latent intent. See dormant legislative intent under LEG
ISLATIVE INTENT.
latent intention. See dormant legislative intent under
LEGISLATIVE INTE~T.
lateral departure. See DEPART1lRE.
lateral sentencing. See lateral departure under DEPAR
TURE.
lateral support. See SUPPORT (4).
laterare (lat-J-ra


under DEPAR
TURE.
lateral support. See SUPPORT (4).
laterare (lat-J-rair-ee). [Law Latin] Hist. To lie sideways,
rather than endways . lhis term was formerly used in
land descriptions.
late-term abortion. See ABORTION.
latifundium (lat-J-f;Jn-dee-dm), n. [Latin fro latus
"broad" +fundus "land"] Roman law. A large private
estate, common in the late Republic.
Latin. The language of the ancient Romans and a primary
language of the civil and canon law, and formerly of the
common law.
"The value of the Latin has always consisted in its peculiar
expressiveness as a language of law terms, in its superior
conciseness which has made it the appropriate language
of law maxims, and in its almost unlimited capacity of
condensation by means of abbreviations and contractions,
many of which are retained in popular use at the present
day." 2 Alexander M. Burrill, A Law Dictionary and Glossary
131 (2d ed. 1867).
"The Latin maxims have largely disappeared from argu'
ments and opinions. In their original phraseology they
convey no idea that cannot be well expressed in modern
English." William C. Anderson, Law Dictionaries, 28 Am. L.
Rev. 531, 532 (1894). latinarius (lat-d-nair-ee-ds), n. [Latin] Hist. An inter
preter of Latin.
Latini Juniani (ld-tI-m joo-nee-ay-m), n. pl. [Latin
"Junian Latins"] Roman law. Informally manumit
ted slaves who acqUired some rights and privileges
as free people, but not Roman citizenship . They
were a special class offreedmen (libertini) who could
become citizens. Ifa Latinus Junianus did not become
a citizen, then upon death that person's status reverted
to slavery, and his or her patron acquired all the dece
dent's property. Also termed libertine lunian Latins.
See LEX TUNIA NORBANA. Cf. INGENUUS; SERV1lS.
"Upon all these persons ... a new and definite status was
conferred; they were henceforth to be known as Latini
juniani, their position being based upon Latinitas, a
status which had been enjoyed by certain latin colonists.
A Latinus junianus had no public rights .... But he had
part ofthe commercium, i.e. he could acquire proprietary
and other rights inter vivos, but not mortis causa. A Latinus
junianus, therefore, could neither take under a will ... nor
could he make one .... But, subject to these disabilities, a
Latinus junianus was a free man, and his children, though
not, like the children of citizens, under his potestas, were
free-born citizens." R.W. Leage, Roman Private Law 68-69
(C.H. Ziegler ed., 2d ed. 1930).
latitat (lat-d-tat), n. [Law Latin "he lurks"] Hist. A writ
issued in a personal action after the sheriff returned
a bill of Middlesex with the notation that the defen
dant could not be found . The writ was called latitat
because ofits fictitious recital that the defendant lurks
about in the county. It was abolished by the Process in
Courts of Law at Westminster Act of 1832 (St. 2, Will.
4, ch. 39). See BILL OF MIDDLESEX; TESTATUM.
"Latitat is a writ by which all men in personal actions are
originally called in the king's bench to answer. And it is
called latitat, because it is supposed by the writ that the
defendant cannot be found in the county of Middlesex, as it
appears by the return of the sheriff of that county, but that
he lurks in another county: and therefore to the sheriff of
that county is this writ directed to apprehend him." Termes
de la Ley 277 (1 st Am. ed. 1812).
latitatio (lat-d-tay-shee-oh), n. [Law Latin] Civil law. A
lurking; a hiding; a concealment, esp. to avoid a trial.
Latium majus (Iay-shee-dm may-jds). [Latin] Roman
law. 1he greater rights conferred on the inhabitants
of Latium and, later, of colonies outside Italy, giving
citizenship to all members of the local curia or town
council and their children. Cf. LATIUM MINUS.
"Under the Principate there is a distinction between Latium
maius and Latium minus. The former referred to the rights
granted to colonies founded as a coloniae Latinae outside
Italy, combined with the concession of Roman citizenship
to a larger group of individuals than Latium minus, in
which only the municipal magistrates and members of the
municipal council ... were rewarded with Roman citizen
Ship." Adolf Berger, Encyclopedic Dictionary ofRoman Law
537-38 (1953).
Latium minus (lay-shee-dm IDI-nds). [Latin] Roman law.
The right ofcitizenship granted to the superior mag
istrates of provincial colonies. -Also termed minus
Latium. Cf. LATIUM MAIUS.
lator (lay-t;}r), n. [Latin "a bearer, proposer"] Civil law. 1.
A bearer; a messenger. 2. A maker or giver oflaws.

962 latori praesentium
lator; praesentium (lay-tor-I or l<l-tor-I pri-sen-shee-"rn).
[Law Latin) Scots law. To the bearer of these presents.
 The phrase appeared in reference to written notes or
bonds made payable to an unnamed creditor.
lato sensu (lay-toh sen-s[yJoo). [Latin] Hist. In a wide
sense; in a broad sense.
latro (la-troh), n. [Latin] Roman law. A robber; a
brigand.
latrocination (la-tr<l-s<l-nay-sh;m). [fro Latin latrocinium
"highway robbery") Archaic. The act ofrobbing; a dep
redation; a theft. -Also termed latrociny; latrocinium.
See LARCENY; THEFT.
latrocinium (la-trd-sin-ee-"m), n. [Latin fr. Zatro "a
robber"] Hist. 1. LATROCINATION. 2. Something stolen.
3. The right to judge and execute thieves.
latrociny (la-tr<l-s<l-nee). See LATROCINATION.
laudamentum (law-d<l-men-t<'lm), n. Hist. A jury
award.
laudare (law-dair-ee), vb. [Latin] 1. CivilZaw. To name;
to cite or quote as authority. 2. Hist. To determine or
pass upon (a case, etc.) judicially.
laudatio (law-day-shee-oh), n. [Latin] Roman law.
Court testimony concerning an accused person's good
behavior and integrity oflife . This testimony resem
bles the practice in modern criminal trials of calling
persons to speak favorably about a defendant's charac
ter. PI. laudationes (law-day-shee-oh-neez).
laudator (law-day-t<lr), n. [Latin]l. Roman law. A char
acter witness in a criminal trial. 2. Hist. An arbitrator.
PI. laudatores (law-d<'l-tor-eez).
laudatory words. Patents. In a patent claim, descrip
tive but self-serving and conclusory words about the
invention's quality or features, such as "faster" or "more
effective."  Laudatory words are usu. not allowed in
the claims of utility-patent applications, but they are
allowed in plant-patent applications.
laudemium (law-dee-mee-<lm), n. [Law Latin] Hist.
A sum paid to a landowner by a person succeeding
to a particular form of land contract by gift, devise,
exchange, or sale; HERIOT . 1he payment equaled 2%
ofthe purchase money, and was paid to the landowner
for acceptance ofthe successor. -Also termed (in old
English law) acknowledgment money. See EMPHYTEU
SIS.
laudere auctorem (law-deer-ee awk-tor-dm). See NOMI
NATIO AUCTORIS.
laudum (law-d"m), n, [Law Latin] Hist. An arbitrament.
See ARBITRAMENT.
laughe, n. See FRANKPLEDGE.
laughing heir. See HEIR.
launch, n. (I8c) 1. The movement of a vessel from the
land into the water, esp. by sliding along ways from the
stocks on which the vessel was built. 2. A large open
boat used in any service; LIGHTER.
laundering, n. See MONEY-LAUNDERING. laundry list. (1958) Slang. An enumeration of items, as
in a statute or court opinion <Texas's consumer-pro
tection law contains a laundry list of deceptive trade
practices>.
laureate (lor-ee-it), n. (l6c) 1. Hist. An officer ofthe sov
ereign's household, who composed odes annually on
the sovereign's birthday, on the new year, and occa
sionally on the occurrence of a remarkable victory. 2.
A person honored for great achievement in the arts and
sciences, and esp. in poetry.
laus Deo (laws dee-oh or lows day-oh). [Latin] Archaic.
Praise be to God. This was a heading to a bill of
exchange.
law. (bef. 12c) 1. The regime that orders human activi
ties and relations through systematic application ofthe
force ofpolitically organized society, or through social
pressure, backed by force, in such a society; the legal
system <respect and obey the law>. 2. The aggregate
of legislation, judicial precedents, and accepted legal
principles; the body ofauthoritative grounds ofjudicial
and administrative action; esp., the body ofrules, stan
dards, and principles that the courts of a particular
jurisdiction apply in deciding controversies brought
before them <the law ofthe land>. 3. The set ofrules or
principles dealing with a specific area ofa legal system
<copyright law>. 4. The judicial and administrative
process; legal action and proceedings <when settlement
negotiations failed, they submitted their dispute to the
law>. 5. A statute <Congress passed a law>. Abbr.
1. 6. COMMON LAW <law but not equity>. 7. The legal
profession <she spent her entire career in law>.
"Some twenty years ago I pointed out two ideas running
through definitions of law: one an imperative idea, an idea
of a rule laid down by the lawmaking organ of a politically
organized society, deriving its force from the authority
of the sovereign; and the other a rational or ethical idea,
an idea of a rule of right and justice deriving its authority
from its intrinsic reasonableness or conformity to ideals
of right and merely recognized, not made, by the sover
eign." Roscoe Pound, "More About the Nature of law," in
Legal Essays in Tribute to Orrin Kip McMurray at 513, 515
(1935).
"All law is the law of a group of individuals or of groups
made up of individuals. No one can make a law purely
for himself. He may form a resolution, frame an ambition.
or adopt a rule, but these are private prescriptions, not
laws." Tony Honore, Making Law Bind: Essays Legal and
Philosophical 33 (1987).
"It will help to distinguish three senses of the word 'law.'
The first is law as a distinctive social institution; that is the
sense invoked when we ask whether primitive law is really
law. The second is law as a collection of sets of proposi
tions the sets we refer to as antitrust law, the law of
torts, the Statute of Frauds, and so on. The third is law as
a source of rights, duties, and powers, as in the sentence
'The law forbids the murdering heir to inherit. Richard A,
Posner, The Problems ofJurisprudence 220-21 (1990).
adjective law. See ADJECTIVE LAW.
canon law. See CANO~ LAW.
caselaw. See CASELAW.
dvillaw. See CIVIL LAW.
common law. See COMMON LAW.

963
consuetudinary law (kon-swd-t[y]oo-dd-ner-ee). [fro
Latin consuetudo "custom"] Hist. Ancient customary
law that is based on an oral tradition.
conventional law. See CONVENTIONAL LAW.
customary law. See CUSTOMARY LAW.
divine law. See DIVINE LAW.
enacted law. Law that has its source in legislation;
WRITTEN LAW.
federal law. See FEDERAL LAW.
general law. 1. Law that is neither local nor confined
in application to particular persons. _ Even ifthere is
only one person or entity to which a given law applies
when enacted, it is general law ifit purports to apply
to all persons or places ofa specified class throughout
the jurisdiction. -Also termed general statute; law of
a general nature. Cf. special law. [Cases: Statutes (;::)
68.] 2. A statute that relates to a subject of a broad
nature.
imperative law. A rule in the form of a command; a
rule of action imposed on people by some authority
that enforces obedience.
"Strictly speaking, it is not possible to say that impera
tive law is a command in the ordinary sense of the word.
A 'command' in the ordinary meaning of the word is an
expression of a wish by a person or body as to the conduct
of another person, communicated to that other person. But
(1) in the case of the law there is no determinate person
who as a matter of psychological fact commands all the
law. We are all born into a community in which law already
exists, and at no time in our lives do any of us command
the whole law, The most that we do is to play our part in
enforcing or altering particular portions of it. (2) Ignorance
of the law is no excuse; thus a rule of law is binding even
though not communicated to the subject of the law." John
Salmond, Jur


no excuse; thus a rule of law is binding even
though not communicated to the subject of the law." John
Salmond, Jurisprudence 21 n,(c) (Glanville L. Williams ed.,
10th ed. 1947).
internal law. 1. Law that regulates the domestic affairs
ofa country. Cf. INTERNATIONAL LAW. 2. LOCAL LAW
(3).
local law. See LOCAL LAW.
moral law. See MORAL LAW.
natural law. See NATURAL LAW.
partial law. A statute deSigned (usu. intentionally)
to affect the rights of only one particular person or
only certain classes of people, rather than all people.
[Cases: Statutes (::::>77.]
permanent law. A statute that continues in force for
an indefinite time.
positive law. See POSITIVE LAW.
procedural law. See PROCEDURAL LAW.
prospective law. See prospective statute under STAT
UTE.
special law. A law that pertains to and affects a par
ticular case, person, place, or thing, as opposed to the
general public. -Also termed special act; private law.
Cf. general law (1). [Cases: Statutes (::::J77.]
state law. See STATE LAW. law and literature
sumptuary law. See SUMPTUARY LAW.
tacit law. A law that derives its authority from the
people's consent, without a positive enactment.
unenacted law. Law that does not have its source in
legislation; UNWRITTEN LAW (1).
unwritten law. A rule, custom, or practice that has not
been enacted in the form of a statute or ordinance.
_ The term traditionally includes caselaw. -Also
termed jus non scriptum; jus ex non scripta; lex non
scripta; jus moribus constitutum. See CASELAW. Cf.
written law.
"[Tlhe very words of the court promulgating the opinion
and making the decision do not determine absolutely
the rule of law but. . the rule of law is ascertained by
discovering what general proposition was essential to the
result reached, and by using the words of the opinion as a
mere aid in the ascertaining of that rule, so that, although
opinions are written, the authoritative rules derived from
them are sometimes not written, but are ascertained by the
use of reason, causing case law to be classed as unwritten
law lex non scripta, to use the Latin phrase." William M.
Lile et aI., Brief Making and the Use of Law Books 335 (3d
ed.1914),
"In the common law it is not too much to say that the judges
are always ready to look behind the words of a precedent
to what the previous court was trying to say, or to what
it would have said if it could have foreseen the nature of
the cases that were later to arise, or if its perception of
the relevant factors in the case before it had been more
acute. There is, then, a real sense in which the written
words of the reported decisions are merely the gateway to
something lying behind them that may be called, without
any excess of poetic license, 'unwritten law.'" Lon L. Fuller,
Anatomy of the Law 145 (1968).
written law. Statutory law, together with constitutions
and treaties, as opposed to judge-made law. -Also
termed jus scriptum; lex scripta. Cf. unwritten law.
law agent. Scots law. See SOLICITOR (4).
law and economics. (often cap.) (1979) 1. A diScipline
advocating the economic analysis of the law, whereby
legal rules are subjected to a cost-benefit analysis
to determine whether a change from one legal rule
to another will increase or decrease allocative effi
ciency and social wealth. -Originally developed as
an approach to antitrust policy, law and economics is
today used by its proponents to explain and interpret
a variety oflegal subjects. 2. Ibe field or movement in
which scholars devote themselves to this discipline. 3.
The body ofwork produced by these scholars.
law and literature. (often cap.) (1997) 1. Traditionally,
the study of how lawyers and legal institutions are
depicted in literature; esp., the examination of law
related fiction as sociological evidence of how a given
culture, at a given time, views law, Also termed
law in literature. 2. More modernly, the application of
literary theory to legal texts, focusing esp. on lawyers'
rhetoric, logic, and style, as well as legal syntax and
semantics. -Also termed law as literature. 3. The field
or movement in which scholars devote themselves to
this study or application. 4. lhe body ofwork produced
by these scholars.

964 law arbitrary
law arbitrary. A law not found in the nature of things,
but imposed by the legislature's mere will; a bill not
immutable.
law as literature. See LAW AND LITERATURE (2).
law between states. See INTERNATIONAL LAW.
lawbook. (16c) A book, usu. a technical one, about the
law; esp., a primary legal text such as a statute book or
book that reports caselaw. -Also written law book.
lawbreaker, n. (I5c) A person who violates or has violated
the law.
lawburrows (law-b;;!r-ohz). Scots law. 1. An action requir
ing security for the peaceable behavior of a party. 2.
Security obtained by a party apprehensive of danger
to safeguard the peace.
law clerk. 1. See CLERK (4). 2. See PARALEGAL (2).
law commission. (often cap.) An official or quasi-offi
cial body of people formed to propose legal reforms
intended to improve the administration of justice.
Such a body is often charged with the task ofreviewing
the law with an eye toward systematic development and
reform, esp. through codification.
law court. 1. See COURT (1). 2. See COURT (2). -Also
written law-court.
law court of appeals. Hist. An appellate tribunal,
formerly existing in South Carolina, for hearing appeals
from the courts oflaw.
law-craft, n. (l6c) The practice oflaw.
'This quest for ever broader empirical understanding must,
of course, be kept under reasonable control in practical
law-craft, lest it delay necessary decisions in a continu
ally expanding and pointlessly expensive factfinding
spiral." Bruce A. Ackerman, Reconstructing American Law
30 (1984).
law day. 1. Archaic. The yearly or twice-yearly meeting
of one ofthe early common-law courts. 2. Archaic. The
day appointed for a debtor to discharge a mortgage or
else forfeit the property to the lender. [Cases: Mort
gages (;:::::::'301, 335, 599(1).] 3. (cap.) A day on which
American schools, public assemblies, and courts draw
attention to the importance oflaw in modern society.
 Since 1958, the ABA has sponsored Law Day on May
1 ofeach year.
law department. A branch of a corporation, government
agency, university, or the like charged with handling
the entity's legal affairs.
law enforcement. (1895) 1. The detection and punish
ment ofviolations of the law. _ This term is not limited
to the enforcement of criminal laws. For example, the
Freedom of Information Act contains an exemption
from disclosure for information compiled for law
enforcement purposes and furnished in confidence.
That exemption is valid for the enforcement of a variety
of noncriminal laws (such as national-security laws)
as well as criminal laws. See 5 USCA  552(b)(7). 2.
CRIMINAL TlJSTICE (2). 3. Police officers and other
members of the executive branch of government charged with carrying out and enforcing the criminal
law.
Law Enforcement Assistance Administration. A former
federal agency (part ofthe Department ofJustice) that
was responsible for administering law-enforcement
grants under the Omnibus Crime Control and Safe
Streets Act of 1968. -It has been replaced by a variety
offederal agencies, including the National Institute of
Corrections and National Institute ofJustice. -Abbr.
LEAA.
Law Enforcement Information Network. A computer
ized communications system that some states use to
document driver's-license records, automobile regis
trations, wanted-persons' files, and the like. -Abbr.
LEIN.
law-enforcement officer. A person whose duty is to
enforce the laws and preserve the peace. See PEACE
OFFICER; SHERIFF. (Cases: Municipal Corporations
(;::::c 180(1).1
law-enforcement system. See CRIMINAL-JUSTICE
SYSTEM.
law firm. (1852) An association oflawyers who practice
law together, usu. sharing clients and profits, in a
business organized traditionally as a partnership but
often today as either a professional corporation or a
limited-liability company . Many law firms have a
hierarchical structure in which the partners (or share
holders) supervise junior lawyers known as "associ
ates," who are usu. employed on a track to partnership.
[Cases: Attorney and Client (;:::::::030.]
captive law firm. A law firm staffed by employees of
an insurance company. _ These lawyers typically
defend insureds in lawsuits covered under the insur
er's liability policies. The insurer's use ofa captive firm
to defend an insured raises ethical questions about
whether the lawyers will act in the insured's best
interests. Often shortened to captive firm. [Cases:
Attorney and Client C--::>32(4), 32(9).]
Law French. (17c) The corrupted form of the Norman
French language that arose in England in the centuries
after William the Conqueror invaded England in 1066
and that was used for several centuries as the primary
language ofthe English legal system; the Anglo-French
used in medieval England in judicial proceedings,
pleadings, and lawbooks. Also written law French. -
Abbr. L.F. See NORMAN FRENCH.
uTo the linguist, law French is a corrupt dialect by defi
nition. Anglo-French was in steady decline after 1300.
Lawyers such as Fortescue, on the other hand, were
probably serious in maintaining that it was the vernacu
lar of France which was deteriorating by comparison with
the pristine Norman of the English courts. That Fortescue
could make such a claim, while living in France, is in itself
a clear demonstration that by the middle of the fifteenth
century there was a marked difference between the French
of English lawyers and the French of France." J.H. Baker, A
Manual ofLaw F,.encn 11 (1979).
"Law French refers to the AngloNorman patois used in
legal documents and all judicial proceedings from the
12605 to the reign of Edward III (1327-1377), and used with
frequency in legal literature up to the early 18th century.

965
When first introduced into England, this brand of French
was the standard language used in Normandy; by the
BOOs, through linguistic isolation, it became a corrupted
language by French standards, at any rate." Bryan A.
Garner. A Dictionarv of Modern Legal Usage 504-05 (2d
ed. 1995).
"That Law French was barbarous in its decrepitude does
not in the least diminish the value of it to our law when it
was full of vitality. It helped to make English law one of
the four indigenous systems of the civilized world, for it
exactly expressed legal ideas in a technical language which
had no precise equivalent." Percy H. Winfield, The Chief
Sources ofEnglish Legal History 14 (1925).
lawful, adj. (13c) Not contrary to law; permitted by law
<the police officer conducted a lawful search of the
premises>. See LEGAL.
lawful admission. (1899) Immigration. Legal entry into
the country, including under a valid immigrant visa.
_ Lawful admission is one of the requirements for an
immigrant to receive a naturalization order and certifi
cate. 8 USCA  1l0l(a)(20), 1427(a)(l), 1429.
lawful age. (I6c) 1. See age ofcapacity under AGE. 2. See
age ofmajority (1) under AGE.
lawful arrest. See ARREST.
lawful authorities. (16c) Those persons (such as the
police) with the right to exercise public power, to
require obedience to their lawful commands, and to
command or act in the public name.
lawful cause. See good cause under CAUSE (2).
lawful condition. See CONDITION (2).
lawful damages. See DAMAGES.
lawful deed. See good deed under DEED.
lawful dependent. See DEPENDENT.
lawful entry. See ENTRY (1).
lawful fence. (17c) A strong, substantial, and well
suited barrier that is sufficient to prevent animals
from escaping property and to protect the property
from trespassers. -Also termed legal fence; good and
lawful fence. Cf. SPITE FENCE. [Cases: Animals
Fences (;:::> 1, 19.]
lawful goods. (l6c) Property that one may legally hold,
sell, or export; property that is not contraband.
lawful heir. See HEIR (1).
lawful interest. See INTEREST (3).
lawful issue. See ISSCE (3).
lawful man. See LEGALIS HOMO.
lawful money. See MONEY.
lawful process. See legal process under PROCESS.
lawful representative. See REPRESENTATIVE.
Jawgiver. (14c) 1. A legislator, esp. one who promulgates
an entire code of laws. 2. A judge with the power to
interpret law. lawgiving, adj. & n.
'john Chipman Gray in his The Nature and Sources of the
Law (1921) repeats a number of times a quotation from
Bishop Hoadley [1676-1761 l: 'Whoever hath an absolute
authority to interpret any written or spoken laws, it is he
who is truly the Lawgiverto