occurring from
day to day; a continuing right ofaction. 2. An action
for trespass for each day that an injury continues.
"That trespass by way of personal entry is a continuing
injury, lasting as long as the personal presence of the
wrongdoer, and giving rise to actions de die in diem so
long as it lasts, is sufficiently obvious." R.F.V. Heuston,
Salmond on the Law of Torts 42 (17th ed. 1977).
action de in rem verso (dee in rem var-soh). [Latin
"action for money applied to (the defendant's) advan
tage"] 1. Roman & civil law. An action for unjust
enrichment, in which the plaintiff must show that
an enrichment was bestowed, that the enrichment
caused an impoverishment, that there is no justifi
cation for the enrichment and impoverishment, and
that the plaintilfhas no other adequate remedy at law,
including no remedy under an express or implied
contract. 2. Roman law. An action brought against
a paterfamilias or a slaveowner who benefited from
the transaction ofa child or slave. Also termed (in
both senses) actio de in rem verso.
action en declaration de simulation. Louisiana law.
An action to void a contract. See simulated contract
under CONTRACT.
action ex contractu (eks k~n-trak-t[y]oo). A personal
action arising out of a contract. [Cases; Action C-=-,
27.J
"Actions ex contractu were somewhat illogically classified
thus: covenant, debt, assumpsit, detinue, and account. The
action ofcovenant lay where the party claimed damages for
a breach of contract or promise under seal. The writ ofdebt
lay for the recovery of a debt; that is, a liquidated or certain
sum of money alleged to be due from defendant to plaintiff.
The writ ofdetinue was the ancient remedy where the plain
tiff claimed the specific recovery of goods, chattels, deeds,
or writings detained from him. This remedy fell into disuse
by reason of the unsatisfactory mode of trial of 'wager
of law,' which the defendant could claim; and recourse
was had to the action of replevin. In the American States
an action of replevin founded upon statute provisions is
almost universally the remedy for the recovery of specific
personal property." Edwin E. Bryant, The Law of Pleading
Under the Codes of Civil Procedure 5 (2d ed. 1899).
action ex delicto (eks d<l-lik-toh). A personal action
arising out ofa tort. [Cases: Action C=::27.J action
"The actions ex delicto were originally the action of trespass
and the action of replevin." Edwin E. Bryant, The Law of
Pleading Under the Codes of Civil Procedure 5 (2d ed.
1899).
action for money had and received. At common law,
an action by which the plaintiff could recover money
paid to the defendant, the money usu. being recover
able because (1) the money had been paid by mistake
or under compulsion, or (2) the consideration was
insufficient. [Cases: Implied and Constructive Con
tracts C=::10-25.]
"The action for money had and received lay to recover
money which the plaintiff had paid to the defendant, on
the ground that it had been paid under a mistake or com
pulsion, or for a consideration which had wholly failed. By
this action the plaintiff could also recover money which
the defendant had received from a third party, as when he
was accountable or had attorned to the plaintiff in respect
of the money, or the money formed part of the fruits of an
office of the plaintiff which the defendant had usurped."
Robert Goff & Gareth Jones, The Law of Restitution 3 (3d
ed.1986).
action for money paid. At common law, an action
by which the plaintiff could recover money paid to
a third party -not to the defendant in circum
stances in which the defendant had benefited. [Cases:
Implied and Constructive Contracts
'The action for money paid was the appropriate action
when the plaintiff's claim was in respect of money paid,
not to the defendant, but to a third party, from which the
defendant had derived a benefit. Historically, the plaintiff
had to show that the payment was made at the defendant's
request; but we shall see that the law was prepared to
'imply' such a request on certain occasions, in particular
where the payment was made under compulsion of law
or, in limited circumstances, in the course of intervention
in an emergency on the defendant'S behalf, which in this
book we shall call necessitous intervention." Robert Goff &
Gareth Jones, The Law of Restitution 3 (3d ed. 1986).
actionfor poinding. Hist. A creditor'S action to obtain
sequestration of the land rents and goods of the debtor
to satisfy the debt or enforce a distress.
action for the loss ofservices. Hist. A husband's lawsuit
against one who has taken away, imprisoned, or phys
ically harmed his wife in circumstances in which (1)
the act is wrongful to the wife, and (2) the husband is
deprived ofher society or services. [Cases: Husband
and Wife C=209(3).]
action for the recovery ofland. See EJECTMENT.
action in equity. (ISc) An action that seeks eqUitable
relief, such as an injunction or specific performance,
as opposed to damages. See suit in equity under SUIT.
[Cases: Action C=::21.J
action in personam (in p<lr-soh-nam). (1800) 1.
An action brought against a person rather than
property. An in personam judgment is binding on
the judgment-debtor and can be enforced against all
the property of the judgment-debtor. 2. An action
in which the named defendant is a natural or legal
person. -Also termed personal action; (in Roman
and civil law) actio in personam; actio personalis, See
IN PERSONAM. [Cases: Action ~'-:> 16.] Pi. actiones in
personam; actiones personates.

34 action
action in rem (in rem). (l8c) 1. An action determining
the title to property and the rights of the parties, not
merely among themselves, but also against all persons
at any time claiming an interest in that property; a real
action. [Cases: Action G=' 16.] 2. Louisiana law. An
action brought for the protection ofpossession, own
ership, or other real rights in immovable property. La.
Civ. Code arts. 3651 et seq. 3. Louisiana law. An action
for the recovery ofpossession ofimmovable property.
La. Civ. Code art. 526. -Also termed (in Roman law)
actio in rem; actio realis; real action. See IN REM. PI.
actiones in rem. 4. An action in which the named
defendant is real or personal property.
action ofaccount. See ACCOUNTING (3).
action ofassize. Hist. A real action by which the plain
tiff proves title to land merely by showing an ances
tor's possession. See ASSIZE.
action ofbook debt. See ACCOUNTING (4).
action ofdebt. See CONDITIO.
action ofdeclarator. Scots law. An action brought in
the Court ofSession for the purpose ofestablishing a
legal status or right. -Also termed declarator; action
for declaratory.
action ofejectment. See EJECTMENT (3).
action ofrepro bator. See REPROBATOR.
action on account. See ACCOUNTING (4).
action on expenditure. An action for payment of the
principal debt by a personal surety.
action on the case. See trespass on the case under
TRESPASS.
action per quod servitium amisit (pdr kwod sdr-vish
ee-dm d-mI-sit). [Latin] Hist. An action for the loss of
a servant's services.
action quasi in rem (kway-sI in rem or kway-zI). (1883)
An action brought against the defendant personally,
with jurisdiction based on an interest in property, the
objective being to deal with the particular property or
to subject the property to the discharge of the claims
asserted. See quasi in rem under IN REM. [Cases:
Action G='16.]
action to quiet title. (1837) A proceeding to establish
a plaintiff's title to land by compelling the adverse
claimant to establish a claim or be forever estopped
from asserting it. -Also termed quiet-title action.
[Cases: Quieting Title ~1.]
action to review judgment. Rare. 1. MOTION FOR NEW
TRIAL. 2. A request for judicial review ofa nonjudicial
body's decision, such as an administrative ruling on
a workers'-compensation claim . The grounds for
review are usu. similar to those for a new trial, esp.
patent errors oflaw and new evidence.
amicable action. See test case (1) under CASE.
civil action. (16c) An action brought to enforce, redress,
or protect a private or civil right; a noncriminallitiga
tion. -Also termed (if brought by a private person) private action; (if brought by a government) public
action. [Cases: Action G=' 1.]
"The code of New York, as originally adopted, declared,
'the distinctions between actions at law and suits in equity,
and the forms of all such actions and heretofore existing,
are abolished; and there shall be in this State hereafter
but one form of action for the enforcement or protection
of private rights and the redress of private wrongs, which
shall be denominated a civil action.' With slight verbal
changes the above provision has been enacted in most of
the States and Territories which have adopted the reformed
procedure." Edwin E. Bryant, The Law ofPleading Under the
Codes ofCivil Procedure 106 (2d ed. 1899).
class action. See CLASS ACTION.
collusive action. (18c) An action between two parties
who have no actual controversy, being merely for the
purpose ofdetermining a legal question or receiving a
precedent that might prove favorable in related litiga
tion. -Also termed fictional action. [Cases: Action
~8.]
common-law action. An action governed by common
law, rather than statutory, equitable, or civil law.
[Cases: Action ~21.]
criminal action. (16c) An action instituted by the gov
ernment to punish offenses against the public. [Cases:
Action ~18.]
cross-action. An action brought by the defendant
against the plaintiff based on the same subject matter
as the plaintiff's action. See CROSS-CLAIM. [Cases:
Federal Civil Procedure ~786; Pleading G=' l38,
148.]
derivative action. See DERIVATIVE ACTION.
direct action. See DIRECT ACTION.
fictional action. See collusive action.
fictitious action. An action, usu. unethical, brought
solely to obtain a judicial opinion on an issue of fact
or law, rather than for the disposition ofa controversy.
[Cases: Action ~8.]
Good Samaritan action. See GOOD SAMARITAN
ACTION.
hypothecary action (hI-poth-d-ker-ee). Roman & civil
law. An action for the enforcement of a mortgage
(hypotheca); a lawsuit to enforce a creditor's claims
under a hypothec or hypothecation. -Also termed
actio hypothecaria.
innominate action (i-nom-i-lldt). An action that has
no special name by which it is known. Cf. nominate
action.
joint action. 1. An action brought by two or more
plaintiffs. 2. An action brought against two or more
defendants. [Cases: Action ~50(4.1).]
local action. An action that can be brought only in the
jurisdiction where the cause ofaction arose, as when
the action's subject matter is a piece of real property.
[Cases: Courts ~7.]
matrimonial action. An action relating to the state of
marriage, such as an action for separation, annul

5 action
ment, or divorce. [Cases: Divorce ~1; Marriage ~
57.]
mixed action. An action that has some characteristics
of both a real action and a personal action. [Cases:
Action ~30.]
"In early times the only mixed actions were those for the
partition of lands, for which a writ was provided in the
common-law courts. The remedy was further enlarged by
the statute of 31 Hen. VII c. 1, and 32 Hen. VIII c. 32, which
gave compulsory partition, by writ at common law. These
statutes formed the basis of partition in the American
States; but in England and here courts of Chancery have
been found most convenient, and their procedure most
favorable for the division of estates in land. The statutes
at the present time, in most of the States, prescribe a pro
cedure which is quite Similar to that in equity practice."
Edwin E. Bryant, The Law of Pleading Under the Codes of
Civil Procedure 10-11 (2d ed. 1899).
nominate action (nom-i-nClt). An action that is
known by a name, such as a confessory action, a
petitory action, or a possessory action. Cf. innomi
nate action.
nonpersonal action. An action that proceeds within
some category of territorial jurisdiction other than
in personam -that is, jurisdiction in rem, quasi in
rem, or over status.
penal action. (16c) 1. A criminal prosecution. [Cases:
Action ~lB.] 2. A civil proceeding in which either
the state or a common informer sues to recover a
penalty from a defendant who has violated a statute.
 Although civil in nature, a penal action resembles
a criminal proceeding because the result ofa success
ful action is a monetary penalty intended, like a fine,
to punish the defendant. See COMMON INFORMER.
[Cases: Action ~19.]
"At one time it was a frequent practice, when it was desired
to repress some type of conduct thought to be harmful,
to do so by the machinery of the civil rather than of the
criminal law. The means so chosen was called a penal
action, as being brought for the recovery of a penalty;
and it might be brought, according to the word


chosen was called a penal
action, as being brought for the recovery of a penalty;
and it might be brought, according to the wording of the
particular statute creating the penal action, either by the
Attorney-General on behalf of the state, or by a common
informer on his own account. A common informer was
anyone who should first sue the offender for the penalty.
Penal actions are still possible in a few cases, and their
existence renders invalid several suggested distinctions
between civil wrongs and crimes." John Salmond, Jurispru
dence 107 (Glanville L. Williams ed., 10th ed. 1947).
"For in 'penal actions,' unless the statute expressly autho
rizes private persons to act as informers, the State alone
can sue and recover the penalty; and yet there is full
authority for ranking such suits by it as merely civil pro
ceedings." J.w. Cecil Turner, Kenny's Outlines of Criminal
Law 538 (16th ed. 1952).
3. A civil lawsuit by an aggrieved party seeking
recovery of a statutory fine or a penalty, such as
punitive damages. [Cases: Action ~19.]
"[Tlhere exists a well-known class of proceedings called
'penal actions,' by which pecuniary penalties can be
recovered -in some cases by any person who will sue
for them -from the doers of various prohibited acts;
these acts being thus prohibited, and visited with penal
ties, solely on account of their tendency to cause evil to
the community at large, 'considered as a community.' For
example, a person who, in advertising a reward for the return of lost property, adds that 'no questions will be
asked' incurs by the Larceny Act, 1861, a penalty of 50
recoverable by anyone who will sue for it."J.w. Cecil Turner,
Kenny's Outlines ofCriminal Law 533-34 (16th ed. 1952).
personal action. (l7c) 1. An action brought for the
recovery of debts, personal property, or damages
arising from any cause. -Also termed remedial
action. [Cases: Action ~30.]
"Personal actions are subdiVided into those brought for
the recovery of a debt or of damages for the breach of a
contract, or for tort, for some injury to the person or to
relative rights or to personal or real property. The most
common of these actions are debt, covenant, assump
sit, detinue, trespass, trespass on the case, trover, and
replevin." Benjamin J. Shipman, Handbook ofCommonLaw
Pleading  34, at 65 (Henry Winthrop Ballantine ed., 3d
ed. 1923).
2. See action in personam.
petitory action (pet-Cl-tor-ee). (17c) 1. Roman &
civil law. An action to establish and enforce title to
property independently of the right to possession.
2. Civil law. An action for the recognition of owner
ship or other real right in immovable (or sometimes
movable) property . In civil-law systems, the petitory
action (revendication) is a much broader and more
effective remedy than the rei-vindicatio, the Roman
prototype. This action is based on, and tends to
protect, real rights, that is, ownership and its dismem
berments. It is therefore a real action, distinguish
able from personal actions based on (and tending to
protect) personal rights. Generally, the petitory action
is available for the protection of the ownership of both
movables and immovables. In Louisiana, however, the
petitory action is for the recognition of ownership
or other real right in immovable property, brought
by a person who is not in possession of it. La. Code
Civ. Proc. art. 3651. An action for the recognition of
such a right in movable property is an innominate
real action, known as a revendicatory action. -Also
termed petitory suit; petitorium; revendication. [Cases:
Real Actions ~6.]
plenary action (plee-nCl-ree or plen-). (IB37) A full
hearing or trial on the merits, as opposed to a
summary proceeding. Cf. summary proceeding under
PROCEEDING.
possessory action (pCl-zes-Cl-ree). (17c) 1. An action to
obtain, recover, or maintain possession of property
but not title to it, such as an action to evict a non
paying tenant. -Also termed possessorium. [Cases:
Ejectment ~17; Replevin ~1.]
''The possessory action is available for the protection of
the possession of corporeal immovables as well as for the
protection of the quasi-possession or real rights in immov
able property. It is distinguished from the petitory action
which is available for the recognition and enforcement of
ownership or of real rights in another's immovable, such
as a usufruct, limited personal serVitudes, and predial
servitudes." A.N. Yiannopoulos, Civil Law Property  333,
at 653 (4th ed. 2001).
2. Maritime law. An action brought to recover pos
session ofa ship under a claim oftitle. [Cases: Admi
ralty~B.]

36 Action
private action. See civil action.
public action. See civil action.
real action. (16c) 1. An action brought for the recovery
ofland or other real property; specif., an action to
recover the possession of a freehold estate in real
property, or seisin. 2. Civil law. An action based on,
and tending to protect, a real right, namely, the right
ofownership and its dismemberments . It is distin
guishable from a personal action, which is based on
(and tends to protect) a personal right. 3. Louisiana
law. An action brought for the protection of posses
sion, ownership, or other real rights in immovable
property. La. Code Civ. Proc. arts. 3651 Also
termed action in rem; actio in rem; actio realis. See
SEISIN. [Cases: Real Actions (:::::> 1-6.]
"If the question be asked why it was that a large part of
the really English law which Bracton undertook to expound
is found in connection with the subject of real actions,
while in Blackstone's treatise only the personal actions are
deemed worthy of attention, the answer must be that the
former were dying out. When Chitty wrote (1808) the old
real actions were practically obsolete, and in the succeed
ing generation such vestiges of them as remained were
abolished by statute." Hannis Taylor, The Science ofJuris
prudence 574 (l 908).
"The principal real actions formerly in use were (1) the writs
of right; (2) the writs of entry; (3) the possessory assizes,
such as novel disseisin and mort d'ancestor. Real actions
are those in which the demandant seeks to recover seisin
from one called a tenant. because he holds the land. They
are real actions at common law because the judgment is
in rem and awards the seisin or possession." Benjamin J.
Shipman, Handbook ofCommonLaw Pleading  32, at 63
(Henry Winthrop Ballantine ed., 3d ed. 1923).
redhibitory action. Civil law. An action brought to void
a sale of a thing having a defect that renders it either
useless or so flawed that the buyer would not have
bought it in the first place. See REDHIBITION. [Cases:
Sales (;::;) 130; Vendor and Purchaser 123.]
remedial action. 1. See REMEDIAL ACTION. 2. See
personal action (1).
representative action. 1. See CLASS ACTION. 2. See
DERIVATIVE ACTION (1).
rescissory action. Scots law. An action to set aside a
deed.
revendicatoryaction (ree-ven-di-k;:Hor-ee). See
petitory action.
separate action. (I8c) 1. An action brought alone by
each ofseveral complainants who are all involved in
the same transaction but either cannot legally join
the suit or, not being required to join, choose not to
join it. 2. One of several distinct actions brought by
a Single plaintiff against each oftwo or more parties
who are all liable to a plaintiff with respect to the same
subject matter. -Also termed several action.
several action. See separate action.
sham action. An objectively baseless lawsuit the
primary purpose of which is to hinder or interfere
with a competitor's business relationships. See Profes
sional Real Estate Investors, Inc. v. Columbia Pictures Indus., Inc., 508 U.S. 49,113 S.Ct. 1920 (1993). -Also
termed sham lawsuit; sham suit. See SHAM EXCEP
TION. [Cases: Antitrust and Trade Regulation
905(3).]
statutory action. An action governed by statutory law
rather than equitable, civil, or common law. [Cases:
Action (:::::> 3.]
test action. See test case (2) under CASE.
third-party action. (I872) An action brought as part of
a lawsuit already pending but distinct from the main
claim, whereby a defendant sues an entity not sued
by the plaintiff when that entity may be liable to the
defendant for all or part of the plaintiff's claim . A
common example is an action for indemnity or con
tribution. [Cases: Federal Civil Procedure (,'::::> 281;
Parties (:::::>50.]
transitory action. An action that can be brought in any
venue where the defendant can be personally served
with process. [Cases: Venue (;::;)4.]
"Transitory actions are universally founded on the supposed
violation of rights which, in contemplation of law, have no
locality. They are personal actions, that is, they are brought
for the enforcement of purely personal rights or obliga
tions. If the transaction on which the action is founded
could have taken place anywhere, the action is generally
regarded as transitory; but if the transaction could only
have happened in a particular place ... the action is local.
Some authorities, considering the effect of the distinction,
define transitory actions as actions which may be tried
wherever defendant may be found and served." 92 c.J.S.
Venue  8, at 678-79 (1955).
Action. A former independent federal agency that
administered various volunteer-services programs
including Foster Grandparents, Retired Senior Vol
unteers, Senior Companions, Volunteers in Service to
America, and Student Community Service Projects .
Its functions were transferred to the Corporation for
National and Community Service in 1995. See CORPO
RATION FOR NATIONAL AND COMMUNITY SERVICE.
action, cause of. See CAUSE OF ACTION.
action, form of. See FORM OF ACTION.
action, right of. See RIGHT OF ACTION.
actionable, adj. (16c) Furnishing the legal ground for a
lawsuit or other legal action <intentional interference
with contractual relations is an actionable tort>.
actionable per quod (p;}r kwod). (Of potentially defam
atory words) not inherently defamatory and therefore
requiring allegation and proof of special damages .
For example, if the defendant says, "1he plaintiff is
crazy," the utterance is actionable per quod. That is,
the plaintiff must prove, in addition to the utterance,
that the defendant intended the words to mean that
the plaintiff was mentally impaired or deficient in
business or professional capacity, and that these words
caused the plaintiff to suffer special damages. See PER
QUOD. [Cases: Libel and Slander (:::::>6(1), 33.]
actionable per se (p;}r say). (Of defamatory words)
legally and conclusively presumed defamatory .
In the law of defamation, words actionable per se

37 actio personalis
are inherently libelous or slanderous. For example,
if a person says of a fiduciary, "That person embez
zles client funds," the utterance is actionable per se.
The plaintiff does not have to allege or prove special
damages. See PER SE. [Cases: Libel and Slander C=
6(1), 33.]
''The terminology 'actionable per se' has proven treacher
ous, in that it has invited confusion with another doctrine
which obtains in defamation cases. This is the doctrine
which distinguishes between words (such as, 'You are a
thief') which convey a defamatory meaning on their face,
and, on the other hand, words of veiled detraction whose
offense is apparent only when the context and circum
stances are revealed. The former are sometimes said to
be defamatory 'per se' or slanderous 'per se' or libelous
'per se,' whereas the latter, to be properly pleaded, must
have an accompanying 'innuendo' or explanation. Clearly
this requirement has no relationship to the other rule, that
certain slanders are and others are not actionable without
a showing of special damage, but the use of the phrase
'per se' in both connections has produced confUSion, and
we find many American courts adopting the practice of
requiring, in cases where the defamation, whether slander
or libel, must be explained by an 'innuendo' to reveal
its defamatory meaning, that special damages be also
pleaded." Charles T. McCormick, Handbook on the Law of
Damages 113,at417(1935).
actionable negligence. See NEGLIGENCE (1).
actionable nuisance. See NUISANCE (3).
actionable per quod. See ACTIONABLE.
actionable per se. See ACTIONABLE.
actionable word. A term that is defamatory in itself. See
libel per se under LIBEL. [Cases: Libel and Slander C=
6-14.]
action agenda. See action calendar under CALENDAR
(4).
actionare (ak-shee-::l-nair-ee), vb. [Law Latin] To bring
an action; to sue.
action at law. See ACTION (4).
action calendar. See CALENDAR (4).
action de die in diem. See ACTION (4).
action de in rem verso. See ACTION (4).
actio negativa. See actio negatoria under ACTIO.
actio negatoria. See ACTIO.
actio negotiorum gestorum. See ACTIO.
actionem non habere debet. See


See ACTIO.
actio negotiorum gestorum. See ACTIO.
actionem non habere debet. See ACTIO NON.
action en declaration de simulation. See ACTION (4).
action en desaveu. Louisiana law. A lawsuit to disavow
paternity brought by a man who is legally presumed to
be the father ofthe child.
actiones honorariae (ak-shee-oh-neez [h]on-::l-rair-ee-I).
A praetorian action; a class of equitable actions intro
duced by the praetors to prevent injustices.
actiones legis. See LEGIS ACTIO.
actiones nominatae (ak-shee-oh-neez nom-::l-nay-tee),
n. pl. [Latin "named actions"] Hist. Actions for which
the Chancery had well-established forms. See CASU
CONSIMILI. actiones poenales (ak-shee-oh-neez pee-nay-leez), n.
pl. [Latin "penal actions"] See actio poenalis under
ACTIO.
action ex contractu. See ACTION (4).
action ex delicto. See ACTION (4).
action for declarator. See DECLARATOR.
action for declaratory. See action ofdeclarator under
ACTION (4).
action for money had and received. See ACTION (4).
action for money paid. See ACTION (4).
action for poinding. See ACTION (4).
action for the loss ofservices. See ACTION (4).
action for the recovery ofland. See EJECTMENT.
action in equity. 1. See ACTION (4). 2. See suit in equity
under SUIT.
action in personam. See ACTION (4).
action in rem. See ACTION (4).
action of account. See ACCOUNTING (3).
action ofassize. See ACTION (4).
action ofbook debt. See ACCOUNTING (4).
action ofdebt. See CONDICTIO.
action ofdeclarator. See ACTION (4).
action ofejectment. See EJECTMENT (3).
action ofreprobator. See REPROBATOR.
actio non (ak-shee-oh non). [Latin "an action not"]
Hist. A declaration in a special plea denying the plain
tiff's right to maintain the action . The full phrase
was actionem non habere debet (ought not to have or
maintain the action). See special plea under PLEA.
action on account. See ACCOUNTING (4).
actio non accrevit infra sex annos. See ACTIO.
action on decision. A legal memorandum from attorneys
in the Internal Revenue Service's litigation division
to the Service's Chief Counsel, containing advice on
whether the Service should acquiesce, appeal, or take
some other action regarding a court's decision that is
unfavorable to the Service. -Abbr. AOD.
action on expenditure. See ACTION (4).
action on the case. See trespass on the case under
TRESPASS.
actio non ulterius. See ACTIO.
actio noxalis (ak-shee-oh nok-say-lis), n. See NOXAL
ACTION.
action per quod servitium amisit. See ACTION (4).
action quasi in rem. See ACTION (4).
action to quiet title. See ACTION (4).
action to review judgment. See ACTION (4).
actio Pauliana. See ACTIO.
actio perpetua. See ACTIO.
actio personalis. See ACTIO.

38 actio pigneratitia
actio pigneratitia. See ACTIO.
actio poenalis. See ACTIO.
actio popularis. See ACTIO.
actio praejudicialis. See ACTIO.
actio praetoria. See ACTIO.
actio pro socio. See ACTIO.
actio Publiciana. See ACTIO.
actio Publiciana in rem. See actio Publkiana under
ACTIO.
actio quanti minoris. See ACTIO.
actio quodjussu. See ACTIO.
actio quod metus causa. See ACTIO.
actio realis. See ACTIO.
actio redhibitoria. See ACTIO.
actio rei persecutoria. See ACTIO.
actio rerum amotarum. See ACTIO.
actio rescissoria. See ACTIO.
actio serviana. See ACTIO.
actio servi corrupti. See ACTIO.
actio stricti juris. See ACTIO.
actio temporalis. See ACTIO.
actio tutelae. See ACTIO.
actio uliUs. See ACTIO.
actio venditio See ACTIO.
actio vi bonorum raptorum. See ACTIO.
actio vulgaris. See ACTIO.
active adoption-registry statute. See ADOPTION-REG
ISTRY STATUTE.
active breach ofcontract. See BREACH OF CONTRACT.
active case. See CASE.
active concealment. See CONCEALMENT.
active conduct. See CONDUCT.
active-control-of-vessel duty. See ACTIVE-OPERATIONS
DUTY.
active debt. See DEBT.
active duty. L Military law. The full-time status of being
in any of the U.S. armed forces. 2. See positive duty
under DUTY (1).
active euthanasia. See EUTHANASIA.
active income. See INCOME.
active inducement. See INDUCEMENT.
active negligence. See NEGLIGENCE.
active-operations duty. Maritime law. A shipowner's
obligation to provide safe working conditions, in the
work areas that it controls, for the longshoremen who
are loading or unloading the ship. -Also termed
active-control-of-vessel duty. Cf. TURNOVER DUTY;
INTERVENTION DUTY. [Cases: Shipping C=>S4(3.2).] active supervision. Antitrust. Under the test for deter
mining whether a private entity may claim a state
action exemption from the antitrust laws, the right
of the state to review the entity's anticompetitive acts
and to disapprove those acts that do not promote state
policy. See STATE-ACTION DOCTRINE; MIDCAL TEST.
[Cases: Antitrust and Trade Regulation C=>904.J
"The active supervision requirement stems from the rec
ognition that where a private party is engaging in the
anticompetitive activity, there is a real danger that he is
acting to further his own interests, rather than the govern
mental interests of the State. The requirement is designed
to ensure that the stateaction doctrine will shelter only
the particular anticompetitive acts that, in the judgment
of the State, actually further state regulatory policies. To
accomplish this purpose, the active supervision require
ment mandates that the State exercise ultimate control
over the challenged anti competitive conduct." Patrick v.
Burget, 486 U.S. 94, 100-OJ, 108 s.Ct. 1658, 1663 (1988).
active trust. See TRUST.
active waste. See commissive waste under WASTE (1).
activistlawyering. See CAUSE LAWYERI:>!G.
activity.!. The collective acts ofone person or of two or
more people engaged in a common enterprise.
commercial activity. An activity, such as operating a
business, conducted to make a profit.
2. See MARKET VOLUME.
activity incident to service. An act undertaken by a
member ofthe armed forces as a part ofa military oper
alion or as a result of the actor's status as a member of
the military . For example, ifa member ofthe military
takes advantage of that status by flying home on a
military aircraft, the flight is activity incident to service,
and a claim against the government for any injuries
received may be barred under the Feres doctrine. See
FERES DOCTRINE.
acto (ahk-toh), n. Spanish law. 1. ACT (1). 2. ACT (2). 3.
An action or lawsuit.
Act ofAdjournaL Scots law. A regulation issued by the
High Court ofJusticiary to regulate procedure both in
that court and in the lower criminal courts.
Act ofAssembly. Scots law. A piece oflegislation passed
by the General Assembly ofthe Church ofScotland for
governing the affairs of that church and its members.
act ofattainder. See BILL OF ATTAINDER.
act of bankruptcy. An event, such as a debtor's fraudu
lent conveyance of property, that an involun
tary bankruptcy proceeding against a debtor . The
1978 Bankruptcy Reform Act abolished this require
ment as a condition to an involuntary bankruptcy pro
ceeding. [Cases: BankruptcyC=>22SL]
act ofcommission. See ACT (2).
act of Congress. (lSc) A law that is formally enacted
in accordance with the legislative power granted to
Congress by the U.S. Constitution . To become a
law, or an act ofCongress, a bill or resolution must be
passed by a majority ofthe members ofboth the House
of Representatives and the Senate. Bills or resolutions

39 act of possession
may generally be introduced in either chamber, except
that bills for generating revenue must be introduced
in the House of Representatives. When a bill or reso
lution is introduced in a chamber, it is usu. assigned
to a committee. Ifit is passed by the committee, it is
reported to the full chamber. Ifit passes in the full
chamber, it is reported to the other chamber, which
then usu. assigns it to a committee in that chamber.
Ifit passes by majority votes of the committee and
full body in that chamber, it is reported back to the
originating chamber. If its terms have changed in the
second chamber, it is submitted to a conference com
mittee, consisting of members from both chambers,
to work out a compromise. When the bill or resolution
is passed, with the same terms, by both chambers, it
is signed by the Speaker of the House and the Presi
dent of the Senate (usu. the President Pro Tempore),
and is presented to the President of the United States
for signature. Ifthe President signs it or fails to return
it to Congress within ten days, the bill or resolution
becomes law. But if the President vetoes the bill or reso
lution, it must be passed by a two-thirds majority ofthe
House ofRepresentatives and the Senate to become law.
U.S. Const. art. I,  7; 3 The Guide to American Law
165-66 (West 1983).
act ofcourt. 1. See judicial act under ACT. 2. Scots law.
A memorandum setting forth the proceedings in a
lawsuit. 3. Scots law. A rule made by a sheriff regulat
ing proceedings within the sheriffalty.
act of God. (18c) An overwhelming, unpreventable
event caused exclUSively by forces of nature, such as
an earthquake, flood, or tornado. -The definition
has been statutorily broadened to include all natural
phenomena that are exceptional, inevitable. and irre
sistible, the effects of which could not be prevented
or avoided by the exercise of due care or foresight. 42
USCA  9601(1). -Also termed act ofnature; act of
prOVidence; superiorforce; vis major; irresistible super
human force; vis divina. Cf. FORCE MAJEURE; unavoid
able accident under ACCIDENT. [Cases: Contracts C=>
303(3), 309(1).]
"Act of God may be defined as an operation of natural
forces so unexpected that no human foresight or skill could
reasonably be expected to anticipate it. It has been sug
gested that it also has the wider meaning of 'any event
which could not have been prevented by reasonable care on
the part of anyone.' This nearly identifies it with inevitable
accident, but. however desirable this may be for SCientific
arrangement of the law, there is no sufficient authority to
back this View." P.H. Winfield, A Textbook ofthe Law ofTort
 16, at 45-46 (5th ed. 1950).
"As a technical term, 'act ofGod' is untheological and infe
licitous. It is an operation of 'natural forces' and this is apt
to be confusing in that it might imply positive intervention
of the deity. This (at any rate in common understanding) is
apparent in exceptionally severe snowfalls, thunderstorms
and gales. But a layman would hardly describe the gnawing
of a rat as an act of God, and yet the lawyer may, in some
circumstances, style it such. The fact is that in law the
essence of an act ofGod is not so much a positive interven
tion of the deity as a process of nature not due to the act
of man, and it is this negative side which needs emphasis."
P.H. Winfield, A Textbook ofthe Law ofTort  16, at 47 (5th
ed. 1950). "[AlII natural agencies, as opposed to human activities,
constitute acts of God, and not merely those which attain
an extraordinary degree of violence or are of very unusual
occurrence. The distinction is one of kind and not one of
degree. The violence or rarity of the event is relevant only
in considering whether it could or could not have been
prevented by reasonable care; if it could not, then it is an
act of God which will relieve from liability, howsoever trivial
or common its cause may have been. If this be correct, then
the unpredictable nature of the occurrence will go only to
show that the act of God in question was one which the
defendant was under no duty to foresee or provide against.
It is only in such a case that the act of God will provide a
defence." R.F.V. Heuston, Salmond on the Law of Torts 330
(17th ed. 1977).
act of grace. An act of clemency; esp., such an act per
formed at the beginning of a monarch's reign or at
some other Significant occasion.
act of honor. Commercial law. A transaction, memori
alized in an instrument prepared by a notary public,
evidencing a third person's agreement to accept, for the
credit ofone or more ofthe parties, a bill that has been
protested. Ibe UCC eliminated this type oftransac
tion.
act of hostility. An event that may be considered an
adequate cause for war; CASUS BELLI. -Also termed
hostile act. [Cases: War and National Emergency
2.]
act of indemnity. 1.


ed
hostile act. [Cases: War and National Emergency
2.]
act of indemnity. 1. A statute that relieves specified
persons, esp. government officials, from some penalty
to which they might be subject as a result of haVing
exceeded their powers or having otherwise acted ille
gally. 2. A statute that compensates persons for damage
incurred as a result of either some public measure
or government service. [Cases: Officers and Public
Employees
act oflaw. 1. See act ofthe law under ACT. 2. See LEGAL
ACT.
act oflegislation. 1. A formal change in the law that
existed previously. 2. A statute. [Cases: Statutes
2.]
act of nature. 1. See ACT OF GOD. 2. See VIS MAJOR.
act ofomission. See negative act under ACT.
act of Parliament. A law made bv the British sover
eign, with the advice and consent of the Lords and the
Commons; a British statute.
act of Parliament of Scotland. 1. A statute passed by
the Parliament of Scotland between its creation in the
14th century and 1707. 2. ACT OF THE SCOTTISH PAR
LIAMENT.
act of petition. Hist. A summary proceeding in which
litigants provide brief statements supported by affi
davit. _ This procedure was used in the English High
Court of Admiralty.
act ofpossession. (16c) 1. The exercise ofphysical control
over a corporeal thing, movable or immovable, with
the intent to own it. 2. Conduct indicating an intent to
claim property as one's own; esp., conduct that supports
a claim of adverse possession. [Cases: Adverse Posses
sion

40
act of providence. 1. See ACT OF GOD. 2. See VIS MAJOR.
act ofsale. An official record ofa sale ofproperty; esp., a
document drawn up by a notary, signed by the parties,
and attested by witnesses. [Cases: Sales C=>28.]
act of sederunt (s;J-deer-;mt). Scots law. A regulation
issued by the Court of Session to regulate procedure
in that court or in the lower civil courts.
Act of Settlement. Hist. An act of Parliament (12 & 13
Will. 3, ch. 2, 1701) that resolved the question of royal
succession unsettled after the Glorious Revolution
of 1688. The question was resolved by limiting the
Crown to Protestant members of the House of Hanover.
The Act also provided that the sovereign must be a
member of the Church of England, and it established
that judges would hold office during good behavior
rather than at the will of the sovereign.
act-of-state doctrine. Int'llaw. The principle that no
nation can judge the legality of a foreign country's
sovereign acts within its own territory. As origi
nally formulated by the U.S. Supreme Court in 1897,
the doctrine provides that "the courts of one country
will not sit in judgment on the acts of the government
of another done within its own territory." Underhill v.
Hernandez, 168 U.S. 250, 252, 18 S.Ct. 83, 84 (1897). The
Supreme Court later declared that though the act-of
state doctrine is compelled by neither international law
nor the Constitution, it has "institutional underpin
nings." Banco Nacional de Cuba v. Sabbatino, 376 U.S.
398,423,84 S.Ct. 923, 937 (1964). [Cases: International
Law C=> 10.9.]
Act ofSupremacy. Hist. A statute that named the English
sovereign as supreme head of the Church of England
(26 Hen. 8, ch. 1). The Act was passed in 1534 during
Henry VIII's reign and confirmed in 1559 (1 Eliz., ch.
1) to counteract pro-Catholic legislation enacted during
the reign of Mary Tudor. In addition to making the
monarch both head of state and head of the church,
the Act defined some ofthe monarch's powers as head
of the church, such as the power to issue injunctions
relating to ecclesiastical affairs.
act of the law. See ACT.
act ofthe party. See act in the law under ACT.
act of the Scottish Parliament. A statute passed by the
Parliament of Scotland created by the Scotland Act of
1998. It is typically cited by year, the letters ASP, and
a serial number. -Also termed act ofParliament of
Scotland.
Act of Uniformity. Hist. Any of several 16th-and 17th
century acts mandating uniform religious practices in
England and Ireland; specif., an act requiring the use
of the Book ofCommon Prayer.
Act of Union. Any of several acts of Parliament uniting
various parts of Great Britain . The term applies to
(1) the Laws in Wales Act (1535), which united Wales
with England and made that principality subject to
English law, and (2) the Union with Ireland Act (1800),
which abolished the Irish Parliament and incorporated Ireland into the United Kingdom ofGreat Britain and
Ireland. It is used loosely in reference to the Union with
Scotland in 1707, which was made not by statute but by
treaty, approved by separate acts of the parliaments of
Scotland and England. The treaty dissolved each par
liament and created the new state ofGreat Britain with
one parliament, the Parliament of Great Britain.
actor. 1. One who acts; a person whose conduct is in
question.
bad actor. An actor who is shown or perceived to have
engaged in illegal, impermissible, or unconscionable
conduct.  A presumption that a person is a bad actor
may be created by an adverse-inference instruction.
2. Archaic. A male plaintiff. 3. Hist. An advocate or
pleader; one who acted for another in legal matters.
Cf. REUS (1). 4. Roman law. (ital.) A person who sues;
a claimant. -Also termed (in sense 4) petitor. PI. (in
sense 4) actores.
actrix (ak-triks). Archaic. A female plaintiff.
acts ofassembly. See SESSION LAWS.
actual, adj. (14c) Existing in fact; real <actual malice>.
Cf. CONSTRUCTIVE.
actual abandonment. See ABANDONMENT (10).
actual agency. See AGENCY (1).
actual allegiance. See ALLEGIANCE.
actual assent. See ASSENT.
actual authority. See AUTHORITY (1).
actual bailment. See BAILMENT.
actual bias. See BIAS.
actual capital. See CAPITAL.
actual cash value. See VALUE (2).
actual cause. See but-for cause under CAUSE (1).
actual change of possession. A real, rather than con
structive, transfer of ownership. A creditor of the
transferor cannot reach property that has actually
changed possession.
actual consumer confusion. See CONSUMER CONFU
SION.
actual controversy. 1. See CONTROVERSY (2). 2. See CON
TROVERSY (3).
actual damages. See DAMAGES.
actual delivery. See DELIVERY.
actual escape. See ESCAPE (2).
actual eviction. See EVICTION.
actual force. See FORCE.
actual fraud. See FRAUD.
actual-injury trigger. Insurance. The point at which an
insured suffers damage or injury (such as the time of
an automobile accident), so that there is an occurrence
invoking coverage under an insurance policy. -Also
termed injury-in-fact trigger. Cf. EXPOSURE THEORY;
MANIFESTATION THEORY; TRIPLE TRIGGER. [Cases:
Insurance C=2265.]

41 actus reus
actual innocence. See INNOCENCE.
actual knowledge. See KNOWLEDGE.
actual loss. See LOSS.
actually litigated. (1969) (Of a claim that might be barred
by collateral estoppel) properly raised in an earlier
lawsuit, submitted to the court for a determination,
and determined. - A party is barred by the doctrine
of collateral estoppel from relitigating an issue that
was actually litigated -usu. including by summary
judgment but not necessarily by default judgment -in
an earlier suit involving the same parties, even if that
suit involved different claims. Restatement (Second)
ofJudgments  27 cmt. d (1980). [Cases: Judgment <8=>
652, 653, 720.]
actual malice. See MALICE.
actual market value. Seefair market value under VALUE
(2).
actual notice. See NOTICE.
actual physical control. (1880) Direct bodily power over
something, esp. a vehicle. -Many jurisdictions require
a showing of "actual physical control" ofa vehicle by a
person charged with driving while intoxicated. [Cases;
Automobiles
actual possession. See POSSESSION.
actual reduction to practice. See REDUCTION TO
PRACTICE.
actual-risk test. The doctrine that, for an injured
employee to be entitled to workers'-compensation
benefits, the employee must prove that the injury arose
from, and occurred in the course and scope of, employ
ment. [Cases: Workers' Compensation <8=>608.]
actual seisin. See seisin in deed under SEISIN.
actual service. See personal service (1) under SERVICE
(2).
actual taking. See physical taking under TAKING (2).
actual total loss. See LOSS.
actual user confusion. See CONSUMER CONFUSION.
actual value. See fair market value under VALUE (2).
actuarial equivalent. The amount of accrued pension
benefits to be paid monthly or at some other interval so
that the total amount of benefits will be paid over the
expected remaining lifetime of the recipient. [Cases:
Labor and Employment C~563.]
actuarially sound retirement system. A retirement plan
that contains sufficient funds to pay future obligations,
as by receiving contributions from employees and the
employer to be invested in accounts to pay future
benefits. Cf. NONACTUARIALLY SOUND RETIREMENT
SYSTEM. [Cases: Pensions <8=>48.)
actuarial method. A means ofdetermining the amount
of interest on a loan by using the loan's annual per
centage rate to separately calculate the finance charge actuarial present value. The amount ofmoney necessary
to purchase an annuity that would generate a particular
monthly payment, or whatever periodic payment the
plan provides, for the expected remaining life span of
the recipient.
actuarial surplus. An estimate of the amount by which
a pension plan's assets exceed its expected current and
future liabilities, including the amount expected to be
needed to fund future benefit payments. [Cases: Labor
and Employment C~513.1
actuarial table. An organized chart of statistical data
indicating life expectancies for people in various cat
egories (such as age, family history, and chemical
exposure). -Actuarial tables are usu. admissible in
evidence. -Also termed expectancy table; mortality
table; mortuary table. Cf. LIfE TABLE.
actuarius (ak-choo-air-ee-~s or ak-tyoo-), n. [Latin]
Roman law. 1. A notary or clerk; a shorthand writer.
2. A keeper of public records.
actuary (ak-choo-air-ee), n. A statistician who deter
mines the present effects offuture contingent events;
esp., one who calculates insurance and pension rates
on the basis of empirically based tables. actuarial
(ak-choo-air-ee-ill), adj.
actum (ak-tilm), n. [Latin] A done; an act or
deed.
actum et tractatum (ak-tilm et trak-tay-tilm). [Law Latin]
Hist. (Of an instrument) done and transacted.
actus (ak-t~s), n. [Latin] L An act or action; a thing
done. 2. Hist. An act of Parliament; esp., one passed by
both houses but not yet approved by the monarch. Cf.
STATUTUM (1). 3. Roman law. A servitude for driving
cattle or a carriage across another's land. -Also
termed (in sense 3) jus actus. Cf. ITER (1).
actus animi (ak-t~s an-~-mI). [Law Latin] Hist. An act
ofthe mind; an intention. See ANIMUS.
"Again, consent, which is essential to all contracts, is
an actus animi, and is presumed in all cases where the
contract is ex facie regular," John Trayner, Trayner's Latin
Maxims 21-22 (4th ed. 1894).
actus legitim us (ak-t~s lil-jit-il-mds). [Law Latin] Hist. An
act in the law; a juristic act; spedf., an act the perfor
mance of which was accompanied by solemn rituals.
actus proximus (ak-t~s prok-si-m~s). [Law Latin] Hist.
An immediate act, as distingUished from a preparatory
act, esp. in the commission of a crime.
actus reus (ak-tds ree-dB also raY-ds). [Law Latin "guilty
act"] (1902) The wrongful deed that comprises the
phYSical components of a crime and that generally
must be coupled with mens rea to establish criminal
liability; a forbidden act <the actus reus for theft is the
taking of or unlawful control over property without
the owner's consent>. Also termed deed ofcrime;
overt act. See CORPUS DELICTI. Cf. MENS REA. [Cases;
Criminal Law for each payment period, after crediting each payment, "The word actus connotes a 'deed.' a physical result ofwhich is credited first to interest and then to principal. human conduct. When criminal policy regards such a deed
[Cases: Labor and Employment <8=>500.] as sufficiently harmful it prohibits it and seeks to prevent

ACUS 42
its occurrence by imposing a penalty for its commission. It
has long been the custom of lawyers to describe a deed so
prohibited by law in the words actus reus. Thus actus reus
may be defined as 'Such result of human conduct as the
law seeks to prevent.' It


reus. Thus actus reus
may be defined as 'Such result of human conduct as the
law seeks to prevent.' It is important to note that the actus
reus, which is the result of conduct, and therefore an event,
must be distinguished from the conduct which produced
the result. For example, in a simple case of murder it is
the victim's death (brought about by the conduct of the
murderer) which is the actus reus; the mens rea is the mur
derer'S intention to cause that death. In other words, the
crime is constituted by the event, and not by the activity
(or in certain cases, as we shall see, by the omission to act)
which caused the event." JW. Cecil Turner, Kenny's Outlines
afCriminal Law 13 (16th ed. 1952).
"The phrase 'deed of crime' [= actus reus] as so used
does not indicate the crime itself but merely one of the
ingredients of crime; and this ingredient may be present
without any crime at all, just as hydrogen is one of the
ingredients of water but may be present without water.
The words 'deed of crime' are so suggesting of the crime
itself, however, that perhaps the Latin phrase 'actus reus'
is less likely to cause confusion. The actus reus is essential
to crime but is not sufficient for this purpose without the
necessary mens rea, just as mens rea is essential to crime
but is insufficient without the necessary actus reus." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 831 (3d ed.
1982).
ACUS. abbr. ADMINISTRATIVE CONFERENCE OF THE
UNITED STATES.
A.D. abbr. ANNO DOMINI.
ad (ad), prep. [Latin] At; by; for; near; on account of; to;
until; upon; with relation to; concerning.
ADA. abbr. AMERICANS WITH DISABILITIES ACT.
ad abundantiorem cautelam (ad ab-<ln-dan-shee-or-<lm
kaw-tee-l<lm). [Law Latin] Hist. For more abundant
caution. -Also termed ad cautelam ex superabundanti
(ad kaw-tee-Idm eks s[y]oo-pJr-ab-<ln-dan-tI).
ad admittendum clericum (ad ad-mi-ten-dam kler-J
bm). [Law Latin] See DE CLERICO ADMITTENDO.
ad aliud examen (ad ay-Iee-<ld eg-zay-m<ln), adv. [Law
Latin] To another tribunal.
ad alium diem (ad ay-lee-<lm dI-am), adv. [Law Latin]
To another day.
adaptation right. Copyright. A copyright holder'S exclu
sive right to prepare derivative works based on the pro
tected work. 17 USCA  106(2) . For example, before a
movie studio can make a film version ofa book, it must
secure the author's adaptation right. See derivative work
under WORK (2). [Cases: Copyrights and Intellectual
Property <.:;=::c 12(3).J
ad assisas capiendas (ad <l-SIZ-as kap-ee-en-d<ls). [Law
Latin] To take assizes; to hold assizes.
a dato (ay day-toh), adv. [Law Latin] From the date.
Also termed a datu.
ad auctoritatem praestandam (ad awk-tor-i-tay-tJm
pree-stand-ddm). [Law Latin] Hist. For interposing
their authority . The phrase typically referred to
tutors or curators ad litem who provided authority
but incurred no personal liability in exercising their
office. ad audiendam considerationem curiae (ad aw-dee-en
d<lm bn-sid-<l-ray-shee-oh-nJm kyoor-ee-I), vb. [Law
Latin] To hear the judgment of the court.
ad audiendum et determinandum (ad aw-dee-en-dJm et
di-t<lr-mi-nan-d<lm), vb. [Law Latin] To hear and deter
mine. See OYER ET TERMINER.
ADB. abbr. ACCIDENTAL-DEATH BENEFIT.
ad barram (ad bahr- .. m), adv. [Law Latin] To the bar;
at the bar.
ad barram evocatus (ad bahr-Jm ee-voh-kay-tJs). [Law
Latin] Called to the bar. See CALL TO THE BAR.
ad campi partem (ad kam-pI pahr-t<lm or -tern). [Law
Latin] For a share ofthe field or land.
ad captandum lucrum (ad cap-tan-dJmloo-kr<lm). [Law
Latin] Hist. For the purpose ofmaking gain.
ad captum vulgi (ad kap-t<lm vdl-jI). [Law LatinI Adapted
to the common understanding . The phrase appeared
in reference to statutes concerning matters that people
usu. handled without legal assistance.
ad cautelam ex superabundant;. See AD ABUNDANTIO
REM CAUTELAM.
ad civilem effectum (ad s<l-vI-I<lm e-fek-tdm). [Law Latin]
Hist. As to the civil effect. _ The phrase appeared in
reference to the effect of an act in a civil case, as dis
tingUished from the effect ofthe same act in a criminal
case.
ad coelum doctrine. The common-law rule that a land
owner holds everything above and below the land,
up to the sky and down to the earth's core, includ
ing all minerals. _ This rule governs ownership of
"hard" (immovable) minerals such as coal, but not
"fugacious" (volatile) minerals such as oil and Cf.
RULE OF CAPTURE. [Cases: Mines and Minerals
Property <:;=07.]
ad coelum et ad in/eros. [Law Latin) Up to the sky and
down to the center ofthe earth <the ownership ofland
extends ad coelum et ad in/eros>.
ad colligendum (ad kol-i-jen-d<lm). [Law Latin] For col
lecting <administrator ad colligendum>.
ad colligendum bona defuncti (ad kol-i-jen-dJm boh-n<l
di-f<lngk-tr). [Law Latin "for collecting the goods ofthe
deceased"] Special letters ofadministration authoriZing
a person to collect and preserve a decedent's property.
ad communem legem (ad k<l-myoo-n<lm lee-j<lm), n. [Law
Latin "to common law"] Hist. A writ ofentry available
after the death ofa life tenant to recover a reversionary
interest in land alienated by the tenant. -Also termed
entry ad communem legem.
ad commune nocumentum (ad b-myoo-nee nok-Y<l
men-tam), adv. [Law Latin] To the common nuisance.
ad comparendum (ad kom-pJ-ren-d ..m), vb. [Law Latin]
To appear . This term is part of the larger phrase ad
comparendum, et ad standum juri ("to appear and to
stand to the law"). Also termed (in standard Latin)
ad comparandum.

43
ad computum reddendum (ad k<lm-pyoo-tam ri-den
dam), vb. [Law Latin] To render an account.
ad consimiles casus (ad bn-sim-a-Ieez kay-sds). [Law
Latin] Hist. To similar cases. See CONSIMILI CASU.
ad convincendam conscientiam judicis (ad kon-vin
sen-dam kon-shee-en-shee-dm joo-di-sis). [Law Latin]
Scots law. Sufficient to satisfy the moral conviction of
the judge . The phrase appeared in reference to cir
cumstantial evidence that was admissible in paternity
cases because direct proof was unavailable.
adcordabilis denarii (ad-kor-day-ba-lis di-nair-ee-l), n.
[Latin] Hist. Money paid by a vassal to the lord upon
the sale or exchange of a feud.
ad culpam (ad kal-pdm), adv. [Law Latin] Until miscon
duct
ad curiam (ad kyoor-ee-dm), adv. [Law Latin] At a court;
to court.
ad curiam vocare (ad kyoor-ee-am voh-kair-ee), vb.
[Law Latin] To summon to court.
ad custagia (ad k<l-stay-jee-a), adv. [Law Latin] At the
costs.
ad custum (ad kas-tdm), adv. [Law Latin] At the cost.
add, n. Parliamentary law. A form of amendment that
places new wording at the end ofa motion or ofa para
graph or other readily divisible part within a motion.
See amendment by adding under AMENDMENT (3).
ad damnum clause (ad dam-nam). [Latin "to the
damage"] (1840) A clause in a prayer for relief stating
the amount of damages claimed. See PRAYER FOR
RELIEF. [Cases: Federal Civil Procedure C=,679;
Pleading (;::;)72.]
"Where the amount the plaintiff is entitled to recover
appears from the statement of facts as where the
amount due the plaintiff is alleged on breach of a money
demand, the demand ofjudgment may take the place of an
ad damnum clause." Edwin E. Bryant, The Law ofPleading
Under the Codes ofCivil Procedure 209 (2d ed. 1899).
added damages. See punitive damages under
DAMAGES.
ad defendendum (ad di-fen-den-d~m), vb. [Latin} To
defend.
addendum (~-den-d~m). (17c) Something to be added,
esp. to a document; a supplement.
addicent (ad-i-sent), adj. Roman law. One who transfers
something by official authority.
addicere (~-dis-ar-ee), vb. [Latin] Roman law. To adjudge,
allot, or condemn.
addict (a-dikt), n. A person who habitually uses a sub
stance, a narcotic drug. [Cases: Chemical Depen
dents Controlled Substances addict
(Cl-dikt), vb. -addictive, adj. -addiction, n.
drug addict. A person who is psychologically or physi
ologically dependent on a narcotic drug.
addict, vb. Roman law. 1. To adjudge (to); to deliver under
court order. 2. More broadly, to surrender a thing (to
someone else). additional-consideration rule
addictio (d-dik-shee-oh), n. [Latin] Roman law. The
awarding by a magistrate of a person or thing to
another, as the property of a debtor to a creditor, or
as a form of conveyance. -Also termed addiction. PI.
addictiones (d-dik-shee-oh-neez).
addictio in diem (d-dik-shee-oh in dI-dm). [Latin
"assignment for a fixed period" or "postponement to
a date"] Roman law. A clause in a contract of sale in
which the parties agree that the contract can be termi
nated if the seller receives a better offer within a speci
fied period. Also termed in diem addictio.
addiction. 1. The habitual and intemperate use of a
substance, esp. a potentially harmful one such as a
narcotic drug. The usual requisites are (I) an emo
tional dependence that leads to compulsiveness; (2)
an enhanced tolerance of the substance, leading to
more potent doses; and (3) phYSical dependence such
that withdrawal symptoms result from deprivation. 2.
ADDICTIO. [Cases: Chemical Dependents (';:.:> 1; Con
trolled Substances
addictive drug. See DRUG.
ad diem (ad dl-dm). [Latin] At a day; at the appOinted
day.
addition. (17c) 1. A structure that is attached to or con
nected with another building that predates the struc
ture; an extension or annex. Although some courts
have held that an addition is merely an appurtenant
structure that might not actually be in physical contact
with the other building, most courts hold that there
must be physical contact. 2. A title or appellation
appended to a person's name to show rank, occupation,
or place of residence . In English law, there are tradi
tionally four kinds of additions: (1) those of estate, such
as yeoman, gentleman, or esquire; (2) those of degree
(or dignity), such as knight, baron, earl, marquis, or
duke; (3) those of trade or occupation, such as scriv
ener, painter, mason, or carpenter; and (4) those of
place of residence, such as London, Bath, or Chester.
It was formerly required by the statute of additions (1
Hen. 5, ch. 5) that original writs and indictments state
a person's addition, but the practice has long since been
abolished.
additional claims after allowance. Patents. Claims sub
mitted for the first time by amendment after the U.S.
Patent and Trademark Office has informed the appli
cant of the patent application's allowance . Once a
notice ofallowance has been issued, the applicant may
not by right submit additional claims. But in some cir
cumstances, such as when the applicant seeks to add
only dependent claims, the supervisory examiner has
authority to enter an amendment containing additional
claims after allowance but on or before the date when
the issue fee is paid. See amendment after allowance
under PATENT- APPLICATION AMENDMENT. [Cases:
Patents (;::::: 109.]
additional-consideration rule. Employment law. An
exception to the employment-at-will principle, whereby
an employee who does not have a written contract but

44 additional damages
who undertakes substantial hardship in addition to
the normal job duties -as by relocating to a different
city based on oral assurances of job security can
maintain a breach-of-contract claim if the employer
does not fulfill its agreement. [Cases: Labor and
Employment (;=>34(2).]
additional damages. See DAMAGES.
additional extended coverage. Insurance


(;=>34(2).]
additional damages. See DAMAGES.
additional extended coverage. Insurance. A policy
endorsement providing supplemental residential
coverage for a variety of perils, including vandalism,
damage from falling trees, and water damage from the
plumbing system.
additional grand jury. See special grand jury under
GRAND JURY.
additional instruction. See JURY INSTRUCTION.
additional insurance. See INSURANCE.
additional insured. See INSURED.
additional legacy. See LEGACY.
additional-perils clause. See INCHMAREE CLAUSE.
additional servitude. See SERVITUDE (2).
additional standard deduction. See DEDUCTION.
additional tax. See stopgap tax under TAX.
additional term. See TERM (5).
additional work. See WORK (1).
additur (ad-<l-tuur). [Latin "it is added to"] (1894) A trial
court's order, issued usu. with the defendant's consent,
that increases the jury's award ofdamages to avoid a
new trial on grounds of inadequate damages. -The
term may also refer to the increase itself, the procedure,
or the court's power to make the order. Also termed
increscitur. Cf. REMITTITUR. [Cases: Federal Civil Pro
cedure New Trial (;=> 161.)
add-on clause. (1965) An installment-contract provi
sion that converts earlier purchases into security for
new purchases. [Cases: Secured Transactions (;=> 114,
146.]
addone (<l-doh-nee), p.pl. [Law French] Given to. Also
spelled addonne.
add-on interest. See INTEREST (3).
add-on loan. See LOAN.
address, n. 1. The place where mail or other communi
cation is sent. 2. In some states, a legislature's formal
request to the executive to do a particular thing, such
as to remove a judge from office. 3. Equity practice. The
part ofa bill in which the court is identified. See DIREC
TION (5).
address to the Crown. Upon a reading ofa royal speech
in Parliament, the ceremonial resolution by Parliament
expressing thanks to the sovereign for the gracious
speech. _ Formerly, two members were selected in each
house for moving and seconding the address. With the
commencement ofthe 1890-1891 session, a Single reso
lution was adopted. adduce (a-d[y]oos), vb. (15c) To offer or put forward for
consideration (something) as evidence or authority
<adduce the engineer's expert testimony>. adduc
tion (<l-dak-sh<ln), n. -adducible (<l-d[y]oo-s<l-b<ll),
adj.
ADEA. abbr. AGE DISCRIMINATION IN EMPLOYMENT
ACT.
adeem, vb. To revoke or satisfy (a willed gift) by some
other gift. [Cases; Wills (;=>766.]
ad effectum (ad i-fek-tam). [Law Latin] To the effect.
ad effectum sequentem (ad i-fek-t<lm si-kwen-t<lm). [Law
Latin] To the effect following.
ademptio (<l-demp-shee-oh), n. [Latin) Roman law.
Ademption. _ The term referred to the revocation ofa
legacy under certain circumstances, as when the item
bequeathed no longer existed or when the testator no
longer owned the item. The ablative form ademptione
means "by ademption." PI. ademptiones (<l-demp-shee
oh-neez).
ademption (a-demp-sh<ln), n. (16c) Wills & estates. The
destruction or extinction of a testamentary gift by
reason ofa bequeathed asset's ceasing to be part ofthe
estate at the time of the testator's death; a beneficiary's
forfeiture ofa legacy or bequest that is no longer opera
tive. -There are two theories ofademption. Under the
identity theory ofademption, a devise ofa specific
of property will fail if that property is not a part of
the testator's estate upon his or her death. Under the
intent theory ofademption, by contrast, when a specific
devise is no longer in the testator's estate at the time
of his or her death, the devisee will receive a gift of
equal value ifit can be proved that the testator did not
intend the gift to be adeemed. The intent theory has
been codified in  2-606 of the 1990 Uniform Probate
Code. Also termed extinguishment oflegacy. Cf.
ABATEMENT; ADVANCEMENT; LAPSE (2). [Cases: Wills
(;=>764-771.] adeem (a-deem), vb. -adeemed,
adempted, adj.
ademption by extinction. (1847) An ademption that
occurs because the unique property that is the subject
of a specific bequest has been sold, given away, or
destroyed, or is not otherwise in existence at the time
of the testator's death. [Cases: Wills (;=>767,768.]
ademption by satisfaction. (1916) An ademption that
occurs because the testator, while alive, has already
given property to the beneficiary in lieu of the testa
mentary gift. [Cases: Wills (;=>766.]
I adeo (ad-ee-oh). [Latin] So; as.
adequacy ofdisclosure. Patents. Satisfaction ofthe stat
utory requirements that the specification in a patent
application (1) gives enough detailed information
to enable one skilled in the art to make and use the
claimed invention (the enablement requirement); (2)
discloses the best way the inventor knows to make and
use the invention (the best-mode requirement); and
(3) shows that the inventor was in full possession of
the claimed invention on the application's filing date

45
(the written-description requirement) . A patent that
fails to meet anyone of these requirements may be
rejected under 35 USCA  112. Any issued patent with
an inadequate disclosure is invalid, although the chal
lenger has to overcome the presumption ofvalidity.
Also termed sufficiency ofdisclosure. See ENABLEMENT
REQUIREMENT; BEST-MODE REQUIREMENT. [Cases:
Patents
adequacy test. See IRREPARABLE-INJURY RULE.
adequate, adj. Legally sufficient <adequate notice>.
adequate assurance. See ASSURANCE.
adequate care. See reasonable care under CARE.
adequate cause. See adequate provocation under PROVO
CATION.
adequate compensation. See just compensation under
COMPENSATION.
adequate consideration. See CONSIDERATION (1).
adequate notice. See due notice under NOTICE.
adequate protection. Bankruptcy. Consideration that a
debtor provides to secured creditors to protect them
from the deteriorating condition or diminishing value
of their collateral during the pendency of the bank
ruptcy. The consideration, which can be in any form,
is most commonly an additional payment, additional
lien, or replacement lien. [Cases: Bankruptcy (;::::>
3062.]
"Bankruptcy intends to safeguard secured creditors'
encumbrances, but the stay threatens them by prevent
ing the secured creditors from foreclosing or taking other
actions to apply the property's value against the secured
debt. Bankruptcy aims to guard against this threat by
ordering relief ... for lack of adequate protection of the
secured interest." David G. Epstein et aI., Bankruptcy  3-27,
at 140 (1993).
adequate provocation. See PROVOCATION.
adequate remedy at law. See REMEDY.
adequate representation. See REPRESENTATION (3).
adequate-state-grounds doctrine. (1962) A judge-made
principle that prevents the U.S. Supreme Court from
reviewing a state-court decision based partially on state
law ifa decision on a federal issue would not change the
result. [Cases: Federal Courts
adequate warning. See WARNING,
adesse (ad-es-ee), vb. Civil law. To be present. Cf.
ABESSE.
adeu (<I-dyoo), adv. [Law French] Without day . This is a
common term in the Year Books, indicating a final dis
missal from court (alez adeu "go hence without day").
See GO HENCE WITHOUT DAY; ALLER SANS JOUR.
ad eversion em juris nostri (ad i-v<lr-shee-oh-n<lm joor-is
nos-tn). [Law Latin] To the overthrow ofour right.
ad excambium (ad eks-kam-bee-dm). [Law Latin] For
exchange; for compensation.
ad exhaeredationem (ad eks-heer-<'l-day-shee-oh-n<lm).
[Law Latin] To the disinheritance; to the injury of the
inberitance. ad fundandam jurisdictionem
"The writ of waste calls upon the tenant to appear and shew
cause why he hath committed waste and destruction in the
place named, ad exhaeredationem, to the disinherison of
the plaintiff." 3 William Blackstone, Commentaries on the
Laws ofEngland 228 (1768).
ad exitum (ad ek-si-t<lm), [Law Latin] At issue; at the end
(usu. of pleadings).
ADF. abbr. AFRICAN DEVELOPMENT FOUNDATION.
adfaciendam juratam ilIam (ad fay-shee-en-ddm jd-ray
t<lm il-<lm). [Law Latin] To make up that jury.
adfaciendum (ad fay-shee-en-d<lm). [Latin1 To do; to
make.
adfactum praestandum (ad fak-t<lm pree-stand-d"m).
[Law Latin "for the performance of a particular act"]
Scots law. An obligation to perform an act other than
paying money; an obligation that must be strictly ful
filled (such as to hand over a vase sold).
"In popular language almost all obligations may be said
to be of this class, but there are obligations of a peculiar
character which alone are denoted by the legal signification
of this phrase. The obligation of a debtor is clearly one for
the performance of a certain act, namely, the payment of
his debt; but a decree at the instance of his creditor would
not be termed a decree ad factum praestandum. An obliga
tion ad factum praestandum is one for the performance of
an act within the power of the obligant ...." John Trayner,
Trayner's Latin Maxims 27 (4th ed. 1894).
adfeodi firmam (ad fee-<l-dI f<lr-m<lm). [Law Latin1 To
fee farm. See FEE FARM.
ad fidem (ad fI-d<lm), adv. [Law Latin] In allegiance;
under allegiance; owing allegiance. This term
appeared in a variety of phrases, including ad fidem
regis ("under the king's allegiance") and natus ad fidem
regis ("born in allegiance to the king").
adfilum aquae (ad fI-l<lm ak-wee), adv. [Law Latin] To
the thread ofthe water; to the central line or middle
of a stream . This refers to the ownership reach of a
riparian proprietor. -Also termed ad medium filum
aquae.
adfilum viae (ad fI-l<lm vI-eel, adv. [Law Latin] To the
middle of the way; to the central line of the road.
Also termed ad l~ediumfilum viae.
adfinem (ad fI-n<lm), adv. [Latin] To the end. This
citation Signal, abbreviated in text ad fin., formerly
provided only the first page of the section referred
to, but now usu. directs the reader to a stated span of
pages.
adfinis (ad-fI-neez), n. [Latin] Roman law. A relative of
one's spouse. PI. adfines.
adfinitas (ad-fin-i-tas), Il. [Latin] Roman law. The con
nection between a husband or wife and relatives of his
or her spouse.
ad firmam tradidi (ad far-m<lm tray-d<l-dr), n. [Law
Latin] See FARM LET.
adfundandam jurisdictionem (ad f<ln-dan-ddm joor-is
dik-shee-oh-n<lm). [Law Latin] Hist. For the purpose of
founding jurisdiction. See ARRESTUM JURISDICTIONIS
FUNDANDAE CAUSA.

46 ad gao/am deliberandam
ad gaolam deliberandam (ad jay-ldm di-lib-d-ran-ddm),
vb. [Law Latin] To deliver the jail; to make jail delivery.
See COMMISSION OF GAOL DELIVERY; JAIL DELIVERY.
adgravamen (ad grd-vay-m;m), adv. [Latin] To the griev
ance, injury, or oppression of (another person).
adhere, vb. 1. (Of one house in a bicameral legislature) to
reject the other house's insistence on a difference in leg
islation that has passed both houses, without requesting
a conference. Cf. INSIST ON.
"When both houses have insisted [on differing views about
an amendmentl without a request for conference, it is also
in order to move to adhere. Adoption of a motion to adhere
represents an unyielding attitude of the adopting house. It
is unparliamentary for an adhering house to request a con
ference; however, the other house may continue to insist
and request a conference. It is in order for an adhering
house to recede from its adherence and agree to a confer
ence." National Conference of State Legislatures, Mason'S
Manual of Legislative Procedure  768, at 556-57 (2000).
2. Scots law. To live together as husband and wife. 3.
Scots law. (Of an appellate court) to affirm a lower
court's judgment. -adherence, n.
adherence. 1. ACCESSION (3). 2.


court's judgment. -adherence, n.
adherence. 1. ACCESSION (3). 2. Scots law. The duty of
spouses to live together.
adhesion. See ACCESSION (3).
adhesionary contract. See adhesion contract under
CONTRACT.
adhesion contract. See CONTRACT.
adhesory contract. See adhesion contract under
CONTRACT.
adhibere (ad-hd-bair-ee), vb. [Latin] Civil law. To apply;
to put (a thing) to use; to exercise.
adhibere diligentiam (ad-hd-bair-ee dil-<l-jen-shee-dm),
vb. [Latin] Civil law. To use care.
ad hoc (ad hok), adj. [Latin "for this"] Formed for a par
ticular purpose <the board created an ad hoc commit
tee to discuss funding for the new arena>. ad hoc,
adv.
ad hoc arbitration. See ARBITRATION.
ad hoc committee. See COMMITTEE.
ad hoc compromis. See COMPROMIS.
ad hominem (ad hom-<l-n<lm), adj. [Latin "to the person"]
(16c) Appealing to personal prejudices rather than to
reason; attacking an opponent's character rather than
the opponent's assertions <the brief was replete with
ad hominem attacks against opposing counsel>. - ad
hominem, adv.
ad hunc diem (ad hangk dI-<lm), adv. [Law Latin] To
this day.
adiate (ad-ee-ayt), vb. Roman-Dutch law. To accept as
beneficiary under a will. -adiation, n.
ad idem (ad I-dam). [Latin] To the same point or matter;
of the same mind <the parties reached a consensus ad
idem and agreed to consummate a sale>.
a die confectionis (ay dI-ee bn-fek-shee-oh-nis), adv.
[Law Latin] From the day of the making. a die datus (ay dI-ee day-tds), n. [Latin "given from
(such-and-such) a day"] A lease provision establishing
the beginning of the rental period.
adieu (d-dyoo). [Law French "to God"] Farewell.  This
term, although etymologically distinct, appears some
times in the Year Books in place of adeu. See ADEU;
ALLER ADIEU.
ad inde (ad in-dee), adv. [Law Latin] To that or them;
thereto.
ad inferos. [Law Latin] To the center of the earth. See AD
COELUM ET AD INFEROS.
ad infinitum (ad in-fd-nHdm). [Latin "without limit"]
To an indefinite extent <a corporation has a duration
ad infinitum unless the articles ofincorporation specify
a shorter period>.
ad informandum judicem (ad in-for-man-ddm joo-di
sdm). [Law Latin] Hist. For the judge's information.
Also termed ad informationem judiciS.
ad informationem judicis. See AD INFORMANDUM
rUDICEM.
ad inquirendum (ad in-kw<l-ren-ddm), n. [Law Latin "to
inquire"] Hist. A writ instructing the recipient to inves
tigate something at issue in a pending case.
ad instantiam parHs (ad in-stan-shee-am pahr-tis), adv.
[Law Latin] Rist. At the instance ofa party.
ad interim (ad in-t<lr-im), adv. [Latin] Hist. In the
meantime; temporarily.
ad interim copyright. See COPYRIGHT.
adiratus (ad-d-ray-t<ls), adj. [Law Latin] Hist. Lost;
strayed; removed.
aditio (d-dish-ee-oh), n. Hist. An outsider'S informal
acceptance ofheirship.
aditio hereditatis (<l-dish-ee-oh h<l-red-Hay-tis). [Latin
"entering on an inheritance"] Roman law. An heir's
acceptance of an inheritance. -Also spelled aditio
haereditatis. See CRETION.
adjacent, adj. Lying near or close to, but not necessarily
touching. Cf. AD10INING.
adject (a-jekt), vb. To annex or adjOin. -adject, adj.
adjectio dominii percontinuationem possessionis (a-jek
shee-oh d<l-min-ee-r pdr k;m-tin-yoo-ay-shee-oh-nam
p<l-zes[h]-ee-oh-nis). [Latin] Roman law. The acquisi
tion ofthe right to property ownership by continued
possession. This acquisition is otherwise known as
usucapio or acquisitive prescription. See USUCAPIO;
adequate prescription under PRESCRIPTION.
adjective law (aj-ik-tiv). (l80S) The body ofrules govern
ing procedure and practice; PROCEDURAL LAW. Also
termed adjectival law. [Cases: Action C=66.]
"The body of law in a State consists of two parts, substan
tive and adjective law. The former prescribes those rules of
civil conduct which declare the rights and duties of all who
are subject to the law. The latter relates to the remedial
agencies and procedure by which rights are maintained,
their invasion redressed, and the methods by which such
results are accomplished in judicial tribunals." Edwin

47
E. Bryant, The Law of Pleading Under the Codes of Civil
Procedure 1 (2d ed. 1899).
adjoining (a-joyn-ing), adj. (lSc) Touching; sharing
a common boundary; CONTIGUOUS. Cf. ADJACENT.
[Cases: Adjoining Landowners LJ adjoin
(a-joyn), vb.
adjoining owner. See OWNER.
adjourn (<l-j;nu), vb. (lSc) Parliamentary law. To end or
postpone (a proceeding). Cf. RECESS (2).
"A motion to recess suspends the current meeting until a
later time; the unqualified motion to adjourn terminates
the meeting. When an assembly reconvenes following a
recess, it resumes the meeting at the point where it was
interrupted by the motion to recess. When an assembly
reconvenes following an adjournment, it begins an entirely
new meeting, starting with the first step in the regular
order of business." Alice Sturgis, The Standard Code of
Parliamentary Procedure 76 (4th ed. 2001).
adjourn sine die (sl-nee [or sin-ayJ dI-ee). [Latin
"without date"] To end a deliberative assembly's or
court's session without setting a time to reconvene.
Also termed adjourn without day. See SINE DIE. Cf.
RISE (4).
adjourn to a day certain. To end a deliberative assem
bly's or court's session while fixing a time for the next
meeting. Also termed adjourn to a day and time
certain;fix a day to which to adjourn.
adjourn without day. See adjourn sine die.
adjournatur (aj-<lr-nay-tdr). [Latin] It is adjourned.
This word formerly appeared at the end ofreported
decisions.
adjourued. See STAND ADJOURNED.
adjourned meeting. See MEETING.
adjourned term. See TERM (5).
adjournment (d-jdrn-mant), n. l. The act ofadjourning;
specif., a putting off ofa court session or other meeting
. or assembly until a later time. See ADJOURN.
adjournment sine die (a-j<lrn-m<lnt sl-nee [or sin-ay]
dl-ee). The ending of a deliberative assembly's or
court's session without setting a time to reconvene.
Also termed adjournment without day.
"The term adjournment sine die (or adjournment without
day) usually refers to the dose of a session of several
meetings: (a) where the adjournment dissolves the
assembly as in a series of mass meetings or in an
annual or biennial convention for which the delegates are
separately chosen for each convention; or (b) where, unless
called into special session, the body will not be convened
again until a time prescribed by the bylaws or constitu
tion as in the case of a session of a legislature." Henry
M. Robert, Robert'S Rules of Order Newly Revised  8, at
81 (10th ed. 2000).
conditional adjournment. An adjournment that does
not schedule another meeting, but provides for recon
vening the assembly at an officer's or board's call or
under other defined circumstances.
2. The period or interval between adjourning and
reconvening. [Cases: Criminal Law C:::l649; Trial C=>
26.] adjudicium provocare
adjournment day. See DAY.
adjournment day iu error. See DAY.
adjourn sine die. See ADJOURN.
adjudge (<l-j<lj), vb. (14c) 1. ADJUDICATE (1). 2. To deem
or pronounce to be. 3. To award judicially. Cf. ABJUDGE.
4. Scots law. (Of a creditor) to take a debtor's estate
through adjudication. See ADJUDICATION (3).5. To
award (some or all ofa debtor's estate) to a creditor.
adjudger, n. l. One who adjudges. 2. Scots law. An
adjudging creditor.
adjudicataire (<l-joo-di-k<l-tair), n. Canadian law. One
who buys property at a judicial sale.
adjudicate (<l-joo-di-kayt), vb. 1. To rule upon judi
cially. 2. ADJUDGE (2). 3. ADJUDGE (3). Also termed
judicate.
adjudicatee (a-joo-di-ka-teel. Civil law. A purchaser at
a judicial sale.
adjudicatio. Roman law. A part of a formula in a parti
tion action by which the judge aSSigned the parties real
rights in their shares; specif., a part ofa formula (Le.,
the praetor's statement ofan issue for a judex) directing
the judex to apportion property in a divisory action .
Adjudicatio was used to apportion property in divisory
actions such as actio de communi dividundo, actio
familiae erciscundae, and actio finium regundorum. It
was not part ofthe formula in any other type ofaction.
See FORMULA (1).
adjudication (d-joo-di-kay-sh<ln), n. (17c) 1. lhe legal
process of resolving a dispute; the process ofjudicially
deciding a case. 2. JUDGMENT.
former adjudication. See FORMER ADJUDICATION.
3. Scots law. The Court ofSession's transfer ofheritable
property to a creditor as security for or in satisfaction of
a debt, or its vesting title in an entitled claimant
adjudicatiou hearing. See HEARING .
adjudication withheld. See deferred judgment under
JUDGMENT.
adjudicative (<l-joo-di-b-tiv), adj. 1. Of or relating to
adjudication. 2. Having the ability to judge. Also
termed adjudicatory; judicative.
adjudicative-claims arbitration. See ARBITRATION.
adjudicative fact. See FACT.
adjudicative law. See CASELAW.
adjudicator (d-joo-di-kay-t<lr). A person whose job is
to render binding decisions; one who makes judicial
pronouncements.
adjudicatory. See ADJUDICATIVE.
adjudicatory hearing. See adjudication hearing under
HEARIC'lG.
adjudicatory proceeding. See adjudication hearing
under HEARING.
ad judicium provocare (ad joo-dish-ee-dID proh-v<l
kair-ee), vb. [Latin] To summon to court; to commence
an action.

48 adjunct
adjunct (aj-;mgkt), adj. (16c) Added as an accompanying
object or circumstance; attached in a subordinate or
temporary capacity <an adjunct professor>. -adjunct,
n.
adjunct account. See ACCOUNT.
adjunction (<:l-j;mgk-sh;m). 1. The act of adding to. 2.
Civil law. The union of an item of personal property
owned by one person with that owned by another. See
ACCESSION (4). [Cases: Accession (;=J 1.]
adjunctum accessorium (<:l-jangk-t<:lm ak-s<:l-sor-ee-am),
n. [Law Latin] An accessory or appurtenance.
ad jungendum auxilium (ad j<:ln-jen-d<:lm awg-zil
ee-<:lm), vb. [Law Latin] To join in aid.
ad jura regis (ad joor-<:l ree-jis), n. [Law Latin "for the
rights of the king"] Hist. A writ brought against a
person seeking to eject the holder of a royal benefice.
 The writ was available to the holder ofthe benefice.
adjuration (aj-<:l-ray-sh<:ln), n. 1. The act of solemnly
charging or entreating. 2. A swearing; a solemn oath.
[Cases: Oath (;=J 1.]
adjure (<:l-juur), vb. (14c) To charge or entreat solemnly
<the President adjured the foreign government to
join the alliance>. -adjuration (aj-<:l-ray-sh<:ln), n.
adjuratory (<:l-juur-<:l-tor-ee), adj. -adjurer, adjuror
(<:l-juur-<:lr), n.
adjust, vb. 1. To determine the amount that an insurer
will pay an insured to cover a loss. [Cases: Insurance
(;=J 3234.] 2. To arrive at a new agreement with a
creditor for the payment ofa debt.
adjustable-rate mortgage. See MORTGAGE.
adjustable-rate preferred stock. See STOCK.
adjusted basis. See BASIS.


GAGE.
adjustable-rate preferred stock. See STOCK.
adjusted basis. See BASIS.
adjusted book value. See BOOK VALUE.
adjusted cost basis. See BASIS.
adjusted gross estate. See ESTATE (3).
adjusted gross income. See INCOME.
adjusted ordinary gross income. See INCOME.
adjusted present value. See PRESENT VALUE.
adjuster. One appointed to ascertain, arrange, or settle
a matter; esp., an independent agent or employee ofan
insurance company who investigates claimed losses,
and negotiates and settles claims against the insurer.
Also termed claims adjuster. [Cases: Insurance (;=J
3222.]
average adjuster. Maritime law. An adjuster who deter
mines the proportionate value of sacrificed cargo as
a percentage of the total value ofthe ship, cargo, and
freight, and who allocates contribution among the
owners of the surviving properties. See CONTRIBU
TION (4). [Cases: Shipping (::2166.]
"The mutual contributions are settled by the 'statements'
of persons called average adjusters, who are not truly arbi
trators or umpires between the parties, but who can, by
their impartiality, command so high a degree of respect
for their 'statements,' that they are likely to be accepted by
the parties; unless indeed there should arise an important question of principle calling for judicial determination." 2
Stephen's Commentaries on the Laws of England 247 (L.
Crispin Warmington ed., 21st ed. 1950).
independent adjuster. An adjuster who solicits business
from more than one insurance company; one who is
not employed by, and does not work exclusively for,
one insurance company.
adjusting entry. An accounting entry made at the end
of an accounting period to record previously unrec
ognized revenue and expenses, as well as changes in
assets and liabilities.
adjustment board. An administrative agency charged
with hearing and deciding zoning appeals. -Also
termed board ofadjustment; board ofzoning appeals.
[Cases: Zoning and Planning (;=J354.]
adjustment bond. See BOND (3).
adjustment ofstatus. Immigration law. The changing of
an alien'S classification from nonimmigrant or parolee
(temporary) resident to immigrant (permanent)
resident.  This is a technical term used only in United
States immigration filings. Cf. 245(1) WAIVER. [Cases:
Aliens, Immigration, and Citizenship (;=J309.]
adjustment security. See SECURITY.
adjutant general (aj-<:l-t<:lnt), n. (usu. cap.) 1. The admin
istrative head of a military unit having a general staff.
[Cases: Armed Services (;=J4, 6.1.] 2. An officer in
charge ofthe National Guard ofa state. [Cases: Militia
(;=J3,7.]
ad largum (ad lahr-g<:lm), adj. [Law Latin] At large; at
liberty; unconfined.
adlegiare (ad-lee-jee-air-ee), vb. [Law Latin] To purge
(oneself) of a crime by oath. See PURGATION.
ad levandam conscientiam (ad l<:l-van-d<:lm kon-shee
en-shee-<:lm). [Law Latin] Scots law. For the purpose of
easing the conscience . The phrase typically described
certain confessions that a criminal suspect voluntarily
made when apprehended and that could be used as
evidence in the criminal trial. But an arrested suspect's
responses to questions posed by the arresting officer
were usu. not admissible because only a magistrate
could ask such questions.
ad libellum rescribere (ad l<:l-bel-<:lm ri-skrI-b<:l-ree), vb.
[Latin] Roman law. To write an answer to a petition,
esp. one to the emperor. See RESCRIPT (3).
ad libitum (ad lib-i-t<:lm), adv. [Law Latin] At pleasure.
 The modern term ad-lib (adj. & vb.), borrowed from
drama and music, is essentially the same; it means "at
the performer's pleasure," and allows the performer
discretion in innovating a part impromptu.
"[Blut in actions where the damages are precarious, being
to be assessed ad libitum by ajury, as in actions for words,
ejectment, or trespass, it is very seldom possible for a
plaintiff to swear to the amount of his cause of action;
and therefore no special bail is taken thereon .... " 3
William Blackstone, Commentaries on the Laws ofEngland
292 (1768).

49 administration
ad litem (ad II-tern or -t;}m). [Latin "for the suit"] (I8c)
For the purposes of the suit; pending the suit. See
guardian ad litem under GUARDIAN.
ad longum (ad long-gam). [Law Latin) Hist. At length.
ad lucrandum vel perdendum (ad loo-kran-d;}m vel p;}r
den-d;}m), adv. [Law Latin) For gain or loss. _ These
were emphatic words in a warrant of attorney. It is
sometimes expressed "to lose and gain." See WARRANT
OF ATTORNEY.
ad majorem cautelam (ad ma-jor-;}m kaw-tee-Iam), adv.
[Law Latin) For greater security.
admanuensis (ad-man-yoo-en-sis), n. [Law Latin fro
Latin ad-+ manus "a hand"] Hist. An oath-taker who
places a hand on the Bible. Cf. AMANUENSIS.
ad manum (ad may-nam), adj. [Latin] At hand; ready
for use.
admeasurement (ad-mezh-ar-mant), n. (l6c) 1. Ascer
tainment, assignment, or apportionment by a fixed
quantity or value, or by certain limits <the ship's
admeasurement is based on its crew, engine, and
capacity>. 2. A writ obtained for purposes of ascer
taining, assigning, or apportioning a fixed quantity or
value or to establish limits; esp., a writ available against
persons who usurp more than their rightful share of
property. admeasure (ad-mezh-<lr), vb.
admeasurement ofdower. Hist. A writ available to an
heir (or the heir's guardian if the heir is an infant) to
reduce the dower ofthe ancestor's widow who, while
the heir was an infant, was assigned more dower than
she was entitled to. -Also termed admensuratione
dotis.
"If the heir or his guardian do not assign her dower within
the term of quarantine, or do assign it unfairly, she has her
remedy at law, and the sheriff is appointed to assign it. Or
if the heir (being under age) or his guardian assign more
than she ought to have, it may be afterwards remedied by
writ of admeasurement of dower." 2 William Blackstone,
Commentaries on the Laws ofEngland 136 (1766).
admeasurement ofpasture. Hist. A writ against a
person whose cattle have overgrazed a common
pasture.
ad medium filum aquae. See AD FILUM AQUAE.
ad medium filum viae. See AD FILUM VIAE.
ad melius inquirendum (ad mee-Iee-;:ls in-kw;}-ren-d;}m),
n. [Law Latin "for making better inquiry"] Hist. A writ
commanding a coroner to hold a second inquest.
admensuratio (ad-men-sha-ray-shee-oh), n. [Law Latin]
Hist. Admeasurement.
admensuratione dotis. See admeasurement of dower
under ADMEASUREMENT.
adminicle (ad-min-i-kal), n. 1. Corroborative or explan
atory proof. 2. Scots law. A writing that tends to estab
lish the existence or terms ofan otherwise unavailable
document, such as a lost will or deed. Also termed
adminiculum.
adminicular (ad-ma-nik-y;}-I;}r), adj. Corroborative or
auxiliary <adminicular evidence>. adminicular evidence. See EVIDENCE.
adminicuJate (ad-m;}-nik-p-layt), vb. Scots law. To give
corroborating evidence.
adminiculum (ad-m<l-nik-ya-l;}m), n. [Latin "support"]
Roman law. Legal or evidentiary means of supporting
one's case; ADMINICLE.
administration, n. (14c) l. The management or per
formance of the executive duties of a government,
institution, or business. 2. In public law, the practical
management and direction of the executive depart
ment and its [Cases: Administrative Law and
Procedure 3. A judicial action in which
a court undertakes the management and distribution
ofproperty. _ Examples include the administration of
a trust, the liquidation of a company, and the realiza
tion and distribution of a bankrupt estate. See JOINT
ADMINISTRATION. 4. 1he management and settlement
of the estate of an intestate decedent, or of a testator
who has no executor, by a person legally appointed and
supervised by the court. -Administration ofan estate
involves realizing the movable assets and paying out
ofthem any debts and other claims against the estate.
It also involves the division and distribution of what
remains. [Cases: Executors and Administrators
1-516.]- administer, vb. administrative, adj.
administration cum testamento annexo (k;)m tes-t;}
men-toh <l-nek-soh). [Latin "with the will annexed")
An administration granted when (1) a testator's will
does not name any executor or when the executor
named is incompetent to act, is deceased, or refuses
to act, and (2) no successor executor has been named
or is qualified to serve. Abbr. c.t.a. -Also termed
administration with the will annexed. [Cases: Execu
tors and Administrators (;:::>21.]
administration de bonis non (dee boh-nis non). [Latin
"of the goods not administered"] An administration
granted for the purpose ofsettling the remainder of
an intestate estate that was not administered by the
former administrator. Abbr. d.b.n. [Cases: Execu
tors and Administrators (:::::,37.]
administration de bonis non cum testamento annexo
(de boh-nis non kam tes-t;}-men-toh ;}-nek-soh). An
administration granted to settle the remainder of a
testate estate not settled by a previous administra
tor or executor. -This type ofadministration arises
when there is a valid will, as opposed to an admin
istration de bonis non, which is granted when there
is no wilL Abbr. d.b.n,c.t.a. [Cases: Executors and
Administrators
administration durante absentia (d[yJuu-ran-tee
ab-sen-shee-<l). An administration granted during
the absence of either the executor or the person who
has precedence as administrator.
administration durante minore aetate (d[y]uu-ran
tee mi-nor-ee ee-tay-tee). An administration granted
during the minority ofeither a child executor or the
person who has precedence as administrator.

50 administration bill
administration pendente lite (pen-den-tee II-tee).
An administration granted during the pendency of
a suit concerning a will's validity. Also termed
pendente lite administration; special administration.
See PENDENTE LITE. [Cases: Executors and Admin
istrators C:::>22.]
administration with the will annexed. See administra
tion cum testamento annexo.
ancillary administration (an-s~-ler-ee). (1814) An
administration that is auxiliary to the administra
tion at the place of the decedent's domicile, such as
one in another state . The purpose ofthis process is
to collect assets, to transfer and record changed title
to real property located there, and to pay any debts in
that locality. -Also termed foreign administration.
[Cases: Executors and Administrators
"The object of ancillary administration is to collect assets of
nonresident decedents found within the state and remit the
proceeds to the domiciliary executor or administrator ....
One of the principal purposes of ancillary administration
is to protect local creditors of nonresident decedents by
collecting and preserving local assets for their benefit."
31 Am. Jur. 2d Executors and Administrators  1057-58,
at 686 (2002).
caeterorum administration (set-<:l-ror-~m). [Latin "of
the rest"] An administration granted when limited
powers previously granted to an administrator are
inadequate to settle the estate's residue.
domiciliary administration (dom-~-sil-ee-er-ee).
(1850) The handling of an estate in the state where
the decedent was domiciled at death.
foreign administration. See ancillary administration.
general administration. (I8c) An administration with
authority to deal with an entire estate. Cf. special
administration.
limited administration. (18c) An administration for
a temporary period or for a special purpose. [Cases:
Executors and Administrators C:::>22.]
original administration. An administration that is not
ancillary to a domiciliary administration.
pendente lite administration. See administration
pendente lite.
public administration. (1893) In some jurisdictions,
an administration by an officer appointed to admin
ister for an intestate who has left no person entitled
to apply for letters (or whose possible representatives
refuse to serve). [Cases: Executors and Administra
tors (;=-,24.]
special administration. (18c) 1. An administration
with authority to deal with only some ofa decedent's
property, as opposed to administering the whole
estate. 2. See administration pendente lite. Cf. general
administration. [Cases: Executors and Administra
tors <':=::22.]
temporary administration. (18c) An administration
in which the court appoints a fiduciary to adminis
ter the affairs of a decedent's estate for a short time
before an administrator or executor can be appointed and qualified. [Cases