IVE BRANCH; JUDICIAL BRANCH.
legislative committee. See COMMITTEE.
legislative council. 1. A state agency that studies legis
lative problems and plans legislative strategy between
regular legislative sessions. 2. In some English-speak
ing jurisdictions, the upper house of a legislature
(corresponding to an American Senate). 3. In some
English-speaking jurisdictions, the lower house of a
legislature (corresponding to an American House of
Representatives).
legislative counsel. (1839) A person or group charged
with helping legislators fulfill their legislative duties,
such as by performing research, drafting bills, and the
like.
legislative court. See COURT.
legislative day. See DAY.
legislative district. See DISTRICT.
legislative districting. (1962) The process of dividing a
state into territorial districts to be represented in the
state or federal legislature. See APPORTIONMENT (3);
REAPPORTIONMENT; GERRYMANDERING. Cf. MALAP
PORTIONMENT. [Cases: States C=-27.]
legislative divorce. See DIVORCE.
legislative-equivalency doctrine. (2003) The rule that
a law should be amended or repealed only by the same
procedures that were used to enact it. [Cases: Statutes
<:;:=:> 129, 149.J
legislative fact. See FACT.
legislative function. 1. The duty to determine legislative
policy. 2. The duty to form and determine future rights
and duties. See LEGISLATIVE POWER.
legislative history. (1844) The background and events
leading to the enactment of a statute, including
hearings, committee reports, and floor debates.
Legislative history is sometimes recorded so that it can
later be used to aid in interpreting the statute. [Cases:
Statutes <:;:=:>216-217.4.]
legislative immunity. See IMMUNITY (1).
legislative intent. (1812) The design or plan that the leg
islature had at the time ofenacting a statute. -Also
termed intention ofthe legislature; intent ofthe legisla
ture; congressional intent; parliamentary intent. [Cases:
Statutes Cd181(1).]
'The intention of the legislature is a common but very
slippery phrase, which, popularly understood, may signify
anything from intention embodied in positive enactment
to speculative opinion as to what the legislature probably
would have meant. although there has been an omission
to enact it. In a court of law or equity, what the legislature
intended to be done or not to be done can only be legiti
mately ascertained from that which it has chosen to enact,
either in express words or by reasonable and necessary
implication." Saloman v. Saloman & Co., [1897] A.C. 22, at 38 (as quoted in Rupert Cross. Statutory Interpretation
36-37 (1976)).
dormant legislative intent. The intent that the legisla
ture would have had if a given ambiguity, inconsis
tency, or omission had been called to the legislators'
minds. -Sometimes shortened to dormant intent.
Also termed latent intent; latent intention.
legislative investigation. A formal inquiry conducted by
a legislative body incident to its legislative authority.
A legislature has many of the same powers as a court
to support a legislative inquiry, including the power to
subpoena and cross-examine a witness and to hold a
witness in contempt. [Cases: United States
legislative jurisdiction. See JURISDICTION.
legislative law. See STATUTORY LAW.
legislative officer. See OFFICER (1).
legislative power. (17c) Constitutional law. The power
to make laws and to alter them; a legislative body's
exclusive authority to make, amend, and repeal laws.
_ Under federal law, this power is vested in Congress,
consisting of the House of Representatives and the
Senate. A legislative body may delegate a portion of
its lawmaking authority to agencies within the execu
tive branch for purposes ofrulemaking and regulation.
But a legislative body may not delegate its authority to
the judicial branch, and the judicial branch may not
encroach on legislative duties. [Cases: Separation of
Powers <:;:=:>2340-2446.)
legislative privilege. See PRIVILEGE (1).
Legislative Reference Service. Hist. See CONGRESSIONAL
RESEARCH SERVICE.
legislative rule. An administrative rule created by an
agency's exercise ofdelegated quasi-legislative authority .
 A legislative rule has the force oflaw. - Also termed
substantive rule. Cf. INTERPRETATIVE RULE. [Cases:
Administrative Law and Procedure G--::-382.1.]
legislative veto. See VETO.
legislator, n. (17c) One who makes laws within a given
jurisdiction; a member of a legislative body. Also
termed lawmaker. -legislatorial (lej~is-l<l-tor-ee-dl),
adj.
legislature. (l7c) The branch ofgovernment responsible
for making statutory laws. -The federal government
and most states have bicameral legislatures, usu. con
sisting of a house of representatives and a senate.
Also termed legislative assembly. Cf. EXECUTIVE (1);
Jl:DICIARY (1). [Cases: States <:;:=:>,24.]
legisperitus (lee-jis-per-<l-t;:>s), n. [Law Latin] Hist. A
lawyer or advocate; one skilled in the law. Cf. )URIS
PERITUS.
legisprudence (Iee-jis-proo-ddnts). (1950) The systematic
analysis of statutes within the framework of jurispru
dential philosophies about the role and nature of law.
legist (lee-jist). 05c) 1. One learned or skilled in the law;
a lawyer. 2. JURIST. -Formerly also termed legister.

984 legitim
legitim. Scots law. The right of any surviving lawful
issue to share in the movable estate ofthe father. -The
legitim comprised third ofthe estate ifthere was a sur
viving spouse, or one-half otherwise. Also termed
the bairn's part. Cf. LEGITIME.
legitimacy. (17c) 1. Lawfulness. 2. The status ofa person
who is born within a lawful marriage or who acquires
that status by later action of the parents; legal kinship
between a child and its parent or parents. Cf. ILLEGITI
MACY. [Cases: Children Out-of-Wedlock
"In this age of equality, the question might fairly be asked
whether a discussion of child support should even be con
cerned about 'legitimacy' and 'illegitimacy.' The answer
is 'yes,' for several reasons. Most rules regarding child
support were fashioned at a time when legitimacy was the
precondition to full support entitlement and illegitimate
paternity had only limited legal consequences. True, by U.S.
Supreme Court doctrine, distinctions between 'legitimate'
and 'illegitimate' children should no longer be maintain
able, but many state statutes have not yet been adapted to
this view. Distinctions on the basis of legitimacy, however
unconstitutional, continue to be made." Harry D. Krause,
Child Support in AmericCl103 (1981).
legitimacy presumption. See PRESUMPTION OF PATER
NITY.
legitima gubernatio (lCl-jit-;}-m;} g[y]oo-bClr-nay
shee-oh). lLatin "lawful government"] See RECTA
GUBERNATIO.
legitim a potestas (lCl-jit-a-mCl p;}-tes-t;}s or -tas). [Latin]
Scots law. The lawful power, esp. to dispose of one's
property. Cf. LIEGE POUSTIE.
legitima remedia (b-jit-Cl-m;} ri-mee-dee-;}). [Law Latin]
Scots law. Lawful remedies.
Jegitima successio (la-jit-;}-mCl s;}k-ses-ee-oh). [Latin]
Scots law. Legal succession.
legitimate (IC1-jit-d-mdt), adj. (15c) 1. Complying with the
law; lawful <a legitimate business>. 2. Genuine; valid
<a legitimate complaint>. 3. Born of legally married
parents <a legitimate child>. [Cases; Children Out-of
Wedlock (;::: 1.]
legitimate child. See CHILD.
legitimate heir. See HEIR (1).
legitimate portion. See LEGITIME.
legitimation, n. (l6c) 1. The act ofmaking something
lawful; authorization. 2. The act or process ofauthori
tatively declaring a person legitimate, esp. a child whose
parentage has been unclear. [Cases: Children Out-of
Wedlock (;::;;-8.] 3. Rist. Proofofa person's identity and
oflegal permission to reside in a certain place or engage
in a certain occupation. Cf. ADOPTION. -legitimate
(l;}-jit-;}-mayt), vb.
legitimatio persubsequens matrimonium (la-jit-Cl-may
shee-oh sdb-see-kwenz ma-tr;}-moh-nee-;}m), n.
[Latin] legitimation ofa child born outside wedlock
by the later marriage ofthe parents.
legitime (lej-;}-tim), n. Civil law. The part of a testa
tor's property that his or her children (and occasion
ally other heirs) are legally entitled to regardless ofthe
will's terms. See La. Civ. Code art. 1494. -The legitime cannot be denied the children without legal cause. In
Roman law, the amount of the legitime was one-fourth
of the claimant's share on intestacy. Also spelled
(esp. in Scotland) legitim. -Also termed legal portion;
legitimate portion; Jorced portion. SeeJorced heir under
HEIR; (for Scots law) LEGITIM. Cf. PORTIO LEGITlMA.
lCases; Wills (;::;;-11.]
legitimi heredes (l;}-jit-;}-mI ha-ree-deez), n. pl. [Latin]
Roman law. Heirs on intestacy, as determined by
the Twelve Tables; specif., the Praetor's second rank
of claimants to an intestate's estate, comprising the
agnates of the Twelve Tables order and some others,
such as the decedent's patron. See TWELVE TABLES.
legitimo modo (la-jit-a-m;} moh-doh). [Latin] Scots law.
In legal form.
legitimum tempus restitution;s (hHit-;)-mClm tem-p;}s
res-ti-t[y]oo-shee-oh-nis). [Law Latin "the legal period
for restitution"] Rist. The time during which a claim
can be made for restitution.
legitimus (l;}-jit-;}-m;}s), adj. [Latin] Roman law. (Of a
person) legitimate; lawful.
legit vel non (lee-jit vel non). [Latin] Eccles. law. Does he
read or not. -This was the formal question propounded
by a secular comt to an ordinary (an ecclesiastical
official) when an accused person claimed exemption
from the court's jurisdiction by benefit ofclergy. Ifthe
ordinary found that the accused was entitled to exemp
tion, he responded" legit ut clericus," Of, "he reads like
a clerk." See BENEFIT OF CLERGY.
lego (Iee-goh), vb. [Latin] Roman law. I bequeath. This
was a common term for designating a legacy in a will.
legocentrism. See LEGAL CENTRALISM.
lego-literary (lee-goh-lit-;}r-er-ee), adj. Rare. Of or
relating to law and literature. See LAW AND LITERA
TURE.
legruita. See LAIRWITE.
leguleian (leg-y;}-lee-dn), n. Rare. A pettifogging
lawyer. -Also termed leguleius (leg-yoo-Iee-;:;s).
leguleian, adj.
LEIN. abbr. LAW ENFORCEMENT INFORMATION
NETWORK.
leipa (h-p;}), n. [Law Latin] Rist. A runaway or fugitive.
leirwita. See LAIRWITE.
Leistungsschutzrecht. [German] NEIGHBORING RIGHT.
lemon law. (18c) 1. A statute deSigned to protect a
consumer who buys a substandard automobile, usu.
by requiring the manufacturer or dealer either to
replace the vehicle or to refund the full purchase price.
-Almost all states have lemon laws in effect. Also
termed lemon protection. [Cases; Antitrust and Trade
Regulation (;::;;-206.]2. By extension, a statute deSigned
to protect a consumer who buys any product ofinferior
quality. Also termed (in sense 2) quality-oj-products
legislation.
Lemon test. (1971) A legal standard for judging the
state's violation ofthe Establishment Clause ofthe First

985
Amendment.  1he Lemon test has most often been
used in school-related cases. Itemploys a three-pronged
test to determine the state's action: (1) Does the state's
action have a religious purpose? (2) Does the state's
action have the primary effect of either promoting or
inhibiting religion? (3) Does the state's action create an
"excessive entanglement" between church and state?
Lemon v. Kurtzman, 403 U.S. 602, 91 S.Ct. 2105 (1971).
In recent years, the Court has not overturned Lemon
but has declined to apply it when deciding Establish
ment Clause cases.
Ie mort saisit Ie vi!doctrine (l;,) mor se-zee ld veef).


use cases.
Ie mort saisit Ie vi!doctrine (l;,) mor se-zee ld veef).
[French "the dead seizes the living") The principle
requiring that there be no gap in the posseSSion of a
freehold estate in land, so that legal title vests immedi
ately in the heirs upon the death of the person through
whom they claim title . The doctrine does not exclude
unknown heirs or heirs absent at the date ofdeath.
lend, vb. (bef. 12c) 1. To aHow the temporary use of
(something), sometimes in exchange for compensa
tion, on condition that the thing or its equivalent be
returned. 2. To provide (money) temporarily on condi
tion ofrepayment, usu. with interest. (Cases: Contracts
194.)
lender. A person or entity from which something (esp.
money) is borrowed.
lending right. Copyright. The power of a copyright
owner to control the use ofcopies of the work beyond
the first sale, when that use involves offering the copy
to the public for temporary use with no consideration
required. Lending rights are recognized among
members of the European Union. [Cases: Copyrights
and Intellectual Property~~38.5.)
lend-lease. (1941) A mutually beneficial exchange made
between friendly parties; esp., an arrangement made in
1941, under the Lend-Lease Act, whereby U.S. destroy
ers were lent to Great Britain in exchange for Britain's
leasing ofland to the United States for military bases.
Also termed lease-lend.
lenient, adj. Tolerant; mild; merciful <lenient
sentence>.
lenient test. (1996) The principle that the attorney-client
privilege applicable to a document or other communi
cation will be waived only by a knowing or intentional
disclosure, and will not usu. be waived by an inadver
tent disclosure. Cf. strict test; Rydraflow test. [Cases:
Privileged Communications and Confidentiality
168.]
lenity (len-<l-tee). (16c) lne quality or condition ofbeing
lenient; mercy or clemency. See RULE OF LENITY.
lenity rule. See RULE OF LENITY.
lenocinium (lee-noh-sin-ee-;,)m), n. [Latin "pandering,
brothel-keeping"] 1. Roman law. The crime of pros
tituting for gain. 2. Roman & Scots law. A husband's
scheming in his wife's adultery, as by encouraging
another man to seduce her.  The wife could assert lesion
this claim as a defense in a divorce action brought by
the husband.
leodes (lee-oh-deez), n. [Law Latin] Hist. l. A vassal. 2.
Service to be provided to another. 3. Compensation to
be paid by one who killed or seriously injured a vassal,
divided among the sovereign, the vassal's lord, and the
vassal's next ofkin; WERGILD.
leonina societas (lee-<l-nI-n<l S;,)-sI-;,)-tas). See SOCIETAS
LEONINA.
leonine contract (lee-<l-nrn). See adhesion contract
under CONTRACT.
leproso amovendo (lep-roh-soh ay-moh-ven-doh), n.
[Latin "for removing a leper"J Rist. A writ to remove
a leper who participated in public gatherings, such as
church or meetings.
Ie roy (br wah or 1;') roy), n. [Law Frenchl1he king.
Also spelled Ie roi.
Ie roy Ie veut (I;,)f wah l<l voo). [Law French] Hist. The king
(or the queen) wills it.  This is the form of the king's or
queen's approval to a public bill passed by Parliament.
For a queen, the sentence is la reine Ie veut.
"If the king consents to a public bill, the clerk usually
declares, 'Ie roy Ie veut, the king wills it so to be:' if to
a private bill, 'soit fait comme if est desire, be it as it is
desired.' If the king refuses his assent, it is in the gentle
language of 'ie roy s'avisera, the king will advise upon it.'"
I William Blackstone, Commentaries on the Laws ofEngiand
184 (l765).
Ie roy remercie ses loyal sujets, accepte leur benevolence,
et ainsi Ie veut (1;,)[ wah rUll-mair-see say lWI-abl soo
zhay, ak-sept luu[r) bay-nay-voh-Iawns, ay an-see I;')
vuu). [Law French) Hist. The king thanks his loyal
subjects, accepts their benevolence, and therefore wills
it to be so . This is a form of the royal assent to a bill
ofsupply, authorizing money for public purposes. For
a queen, the sentence was la reine remerde ses loyal
sujets . ...
Ie roy s'avisera (l<lf wah sa-veez-rah). [Law French] The
king will advise upon it . 'This is a form of the refusal
of royal assent to a public bill in Parliament (not exer
cised since 1713). It corresponds to the judicial phrase
curia advisari vult. For a queen, the sentence was la
reine s'avisera. See CURIA ADVISARI VULT.
lese majesty (leez maj-<ls-tee). [Law French "injured
majesty") (l6c) 1. A crime against the state, esp. against
the ruler. -Also termed laesa majestas; crimen laesae
majestatis; crimen majestatis. See crimen majestatis
under CRIMEN; high treason under TREASON. 2. An
attack on a custom or traditional belief. -Also spelled
lese-majeste; lese majesty; leze majesty.
Iesio enormis. See LAESIO ENORMIS.
lesion (Iee-zh<ln). (l5c) L An injury or wOllnd; esp., an
area ofwounded tissue. 2. Civil law. Loss from another's
failure to perform a contract; the injury suffered by one
who did not receive the equivalent value of what was
bargained for. La. Civ. Code art. 2589. -Also spelled
(in sense 2) lesion. [Cases: Vendor and Purchaser C=:>
89.J 3. See LAESIO ENORMIS.

986 lesion beyond moiety
''The concept of lesion, unknown as such to the common
law, may be defined as a detriment to one of the parties
to a contract which results from an imbalance or dispar
ity between the performance promised on the two sides.
Down through the ages, civilians have differed over
whether it gave the injured party a right of avoidance or
rescission. Classical Roman law, designed for a society
whose members were strong enough to protect their
own interests, denied the right, but by the time of the
French Revolution the right had come to be recognized,
particularly by the canonists and Pothier. But the Revolu
tion, both because of its emphasis on individual will and
because of economic reasons, was hostile to the concept of
lesion and the Civil Code provided that it did not affect the
validity of a contract except in certain prescribed instances,
most notably the case of the vendor of real property. The
number of exceptions was enlarged both by subsequent
legislation and, at least indirectly, by judicial decision, and
this raised a question of the reversal of the general prin
ciple that rejected the concept." Allan Farnsworth, "The
Development of the Civil Law of Obligations in New States:
Senegal, Madagascar, and Ethiopia," in Essays on the Civil
Law of Obligations 64 Uoseph Dainow ed., 1969).
lesion beyond moiety. See LAESIO ENORMIS.
less-developed country. See DEVELOPING COUNTRY.
lessee (Ie-see). (lSc) One who has a possessory interest in
real or personal property under a lease; TENANT. [Cases:
Bailment ~1; Landlord and Tenant ~1.]
lessee in the ordinary course ofbusiness. A person
that, in good faith and without knowledge that the
lease is in violation ofa third party's ownership rights,
security interest, or leasehold interest, leases in the
ordinary course from a person in the business of
selling or leasing goods ofthat kind. UCC  2A-102(a)
(26). The UCC specifically excludes pawnbrokers
from the definition.
merchant lessee. A lessee who is a merchant of goods
similar to those being leased. UCC  2A-102(a)(3l).
lessee's interest. The appraised value ofleased property
from the lessee's perspective for purposes of assign
ment or sale . The value is usu. the property's market
value minus the lessor's interest. Cf. LESSOR'S INTEREST.
[Cases: Landlord and Tenant ~74.]
lesser-evils defense. See DEFENSE (1).
lesser included offense. See OFFENSE (1).
lesser-interest clause. Oil & gas. A provision in an oil-
and-gas lease allowing the lessee to reduce payments
proportionately ifthe lessor turns out to own less than
100% of the mineral interest. -Also termed propor
tionate-reduction clause. [Cases: Mines and Minerals
~79.3.]
lesser offense. See lesser included offense under OFFENSE
(1).
less-lethal, n. Jargon. A weapon that inflicts pain or dis
comfort short ofdeath, as by firing bean bags or rubber
bullets, or by discharging electromagnetic, acoustic, or
other energy so that the target may be incapacitated but
usu. not seriously injured. -Also termed less-lethal
force; nonlethal weapon; nondeadly weapon.
less-lethal force. See LESS-LETHAL. lessor (les-or or le-sor). (14c) One who conveys real or
personal property by lease; esp., LANDLORD. [Cases:
Landlord and Tenant ~1.]
lessor of the plaintiff. Hist. The true party in interest
prosecuting an action for ejectment . At common
law, an ejectment action theoretically was only for the
recovery of the unexpired term of the lease. Conven
tions ofpleadings at the time required the true plaintiff
to grant a fictitious lease, thereby becoming a lessor, to
an equally fictitious plaintiff in whose name the action
would be prosecuted.
lessor's interest. (1821) The present value of the
future income under a lease, plus the present value
of the property after the lease expires. Cf. LESSEE'S
INTEREST.
let, n. (l2c) An impediment or obstruction <free to act
without let or hindrance>.
let, vb. (bef. 12c) 1. To allow or permit <the court, refusing
to issue an injunction, let the nuisance continue>. 2.
To offer (property) for lease; to rent out <the hospital
let office space to several doctors>. [Cases: Landlord
and Tenant ~20.] 3. To award (a contract), esp. after
bids have been submitted <the federal agency let the
project to the lowest bidder>. [Cases: Public Contracts
~11.]
lethal, adj. (l6c) Deadly; fatal <a lethal drug>.
lethal injection. (1898) An injection of a deadly sub
stance into a prisoner in order to carry out a sentence
ofcapital punishment.
lethal weapon. See deadly weapon under WEAPON.
letter. (l3c) 1. A written communication that is usu.
enclosed in an envelope, sealed, stamped, and delivered
(esp., an official written communication) <an opinion
letter>. 2. (usu. pI.) A written instrument containing
or affirming a grant of some power or right <letters
testamentary>. [Cases: Executors and Administrators
~27.] 3. Strict or literal meaning <the letter of the
law>. This sense is based on the sense of a letter of
the alphabet. Cf. SPIRIT OF THE LAW.
letter-book. A merchant's book for holding correspon
dence.
letter contract. See CONTRACT.
letter missive. 1. Hist. A letter from the king (or queen)
to the dean and chapter ofa cathedral, containing the
name of the person whom the king wants elected as
bishop. 2. Hist. After a lawsuit is filed against a peer,
peeress, or lord of Parliament, a request sent to the
defendant to appear and answer the suit. 3. Civil law.
The appellate record sent by a lower court to a superior
court. -Also termed letter dimissory.
letter ofadvice. Commercial law. A notice that a draft has
been sent by the drawer to the drawee. UCC  3-701.
letter of advocation. Hist. Scots law. A warrant, issued
by the Court of Session, discharging an inferior court
from further proceedings in a matter and transferring
the action to the issuing superior court.  In a criminal
case, the High Court of Justiciary could issue a letter

987
to call up a case for review from an inferior court. The i
letter ofadvocation was abolished in 1868 and replaced
by appeal.
letter ofattorney. 1. See POWER OF ATTORNEY (1).2. See
ATTORNEY (1).
letter of attornment. A grantor's letter to a tenant,
stating that the leased property has been sold and
directing the tenant to pay rent to the new owner. See
ATTORNMENT (1).
letter ofcomfort. See COMFORT LETTER.
letter ofcomment. See DEFICIENCY LETTER.
letter ofcommitment. See COMMITMENT LETTER.
letter ofcredence. Int'llaw. A document that accredits a
diplomat to the government ofthe country to which he
or she is sent. -Abbr. LC; LIe. -Also termed letters
ofcredence.
letter of credit. (17c) Commercial law. An instrument
under which the issuer (usu. a bank), at a customer's
request, agrees


Commercial law. An instrument
under which the issuer (usu. a bank), at a customer's
request, agrees to honor a draft or other demand for
payment made by a third party (the beneficiary), as
long as the draft or demand complies with specified
conditions, and regardless of whether any underlying
agreement between the customer and the beneficiary
is satisfied . Letters of credit are governed by Article !
5ofthe VCe. Abbr. LC; Lie. Often shortened to
credit. -Also termed circular letter ofcredit; circular
note; bill of credit. [Cases: Banks and Banking (::::,
191.]
"There is some confusion over the exact nature of credits.
They resemble a number of commercial devices that are
not credits. Often, there is confusion between letters of
credit and guaranties, and occasionally between letters of
credit and lines of credit. In the credit transaction itself,
it is important to distinguish the credit from other con
tracts and from the acceptance. Generally, the broad credit
transaction consists of three separate relationships. These
include those that are (1) between the issuer and the ben
eficiary; (2) between the beneficiary and the account party.
and (3) between the account party and the issuer. The first
is the letter-of-credit engagement. The second is usually
called the underlying contract, and the third is called the
application agreement." John F. Dolan, The Law of Letters
of Credit ~ 2.01, at 2-2 (1984).
"A credit is an original undertaking by one party (the issuer)
to substitute his financial strength for that of another (the
account party), with that undertaking to be triggered by the
presentation of a draft or demand for payment and, often,
other documents. The credit arises in a number of situa
tions, but generally the account party seeks the strength of
the issuer's financial integrity or reputation so that a third
party (the beneficiary of the credit) will give value to the
account party." John F. Dolan, The Law of Letters ofCredit
,; 2.02, at 2-3 (1984).
"A seller heSitates to give up possession of its goods
before it is paid. But a buyer wishes to have control of the
goods before parting with its money. To relieve this simple
tension, merchants developed the device known as the
'letter of credit' or simply the 'credit' or the 'letter.' Today,
letters of credit come in two broad varieties. The 'com
merciaI' letter dates back at least 700 years. It is a mode of
payment in the purchase of goods, mostly in international
sales. The 'standby' letter of credit is a much more recent
mutant. It 'backs up' obligations in a myriad of settings.
In the most common standby a bank promises to pay a
creditor upon documentary certification of the applicant's letter of credit
default." 3 James J. White & Robert 5. Summers, Uniform
Commercial Code  26-1, at 105 (4th ed. 1995).
dean letter ofcredit. A letter of credit that is payable
on its presentation . No document needs to be pre
sented along with it. Also termed suicide letter of
credit. Cf. documentary letter ofcredit.
commercial letter ofcredit. A letter of credit used as
a method of payment in a sale of goods (esp. in an
international transaction), with the buyer being the
issuer's customer and the seller being the beneficiary,
so that the seller can obtain payment directly from the
issuer instead of from the buyer.
confirmed letter ofcredit. A letter ofcredit that directly
obligates a financing agency (such as a bank) doing
business in the seller's financial market to a contract
of sale. VCC  2-325(3).
documentary letter ofcredit. A letter of credit that is
payable when presented with another document, such
as a certificate of title or invoice. Abbr. DUe. Cf.
clean letter ofcredit.
export letter ofcredit. A commercial letter of credit
issued by a foreign bank, at a foreign buyer's request,
in favor of a domestic exporter.
general letter ofcredit. A letter of credit addressed to
any and all persons without naming anyone in par
ticular. Cf. special letter ofcredit.
guaranty letter ofcredit. See standby letter ofcredit.
import letter ofcredit. A commercial letter of credit
issued by a domestic bank, at an importer's request,
in favor of a foreign seller.
irrevocable letter ofcredit (i-rev-,)-k,)-b,))). 1. A letter
ofcredit that the issuing bank guarantees will not be
withdrawn or canceled before the expiration date. 2.
A letter of credit that cannot be modified or revoked
without the customer's consent. 3. A letter of credit
that cannot be modified or canceled without the
consent of all parties.
negotiation letter ofcredit. A letter of credit in which
the issuer's engagement runs to drawers and indorsers
under a standard negotiation clause.
"Letter-of-credit law has long distinguished the straight
credit from the negotiation credit. The engagement of
the former runs to the beneficiary; the engagement of the
latter runs to 'drawers, endorsers, and bona fide holders.'
This quoted phrase is the traditional negotiation clause.
The significance of it is that it obviously extends the credit
engagement to parties other than the person with whom
the account party is doing business." John F. Dolan, The
Law of Letters ofCredit ~ 8.02[6], at 8-11 (1984).
open letter ofcredit. A letter ofcredit that can be paid
on a simple draft without the need for documentary
title.
revocable letter ofcredit (rev-,)-kd-b,)l). A letter of
credit in which the issuing bank reserves the right
to cancel and withdraw from the transaction upon
appropriate notice . The letter cannot be revoked
if the credit has already been paid by a third party.
[Cases: Banks and Banking (::::' 191.10.]

988 letter of exchange
revolving letter ofcredit. A letter of credit that self
renews by providing for a continuing line of credit
that the beneficiary periodically draws on and the
bank customer periodically repays . A revolving
letter of credit is used when there will be multiple
drafts under a single transaction or multiple transac
tions under a single credit. -Abbr. RUe.
special letter ofcredit. A letter ofcredit addressed to a
particular individual, firm, or corporation. Cf. general
letter ofcredit.
standby letter ofcredit. A letter ofcredit used to guar
antee either a monetary or a nonmonetary obliga
tion (such as the performance ofconstruction work),
whereby the issuing bank agrees to pay the beneficiary
if the bank customer defaults on its obligation. -
Abbr. SUe. -Also termed guaranty letter ofcredit.
[Cases: Banks and Banking (;=J 191.10.]
straight letter ofcredit. A letter of credit requiring
that drafts drawn under it be presented to a speci
fied party.
suicide letter ofcredit. See clean letter ofcredit.
time letter ofcredit. A letter of credit that is duly
honored by the issuer accepting drafts drawn under
it. -Also termed acceptance credit; usance credit.
transferable letter ofcredit. A letter of credit that
authorizes the beneficiary to assign the right to draw
under it. [Cases: Banks and Banking (;=J 191.10.]
traveler's letter ofcredit. 1. A letter ofcredit addressed
to a correspondent bank, from which one can draw
credit by identifying oneself as the person in whose
favor the credit is drawn. 2. A letter ofcredit used by
a person traveling abroad, by which the issuing bank
authorizes payment offunds to the holder in the local
currency by a local bank. The holder signs a check
on the issuing bank, and the local bank forwards it
to the issuing bank for its credit.
letter of exchange. See DRAFT (1).
letter ofintent. (1942) A written statement detailing the
preliminary understanding ofparties who plan to enter
into a contract or some other agreement; a noncom
mittal writing preliminary to a contract.  A letter of
intent is not meant to be binding and does not hinder
the parties from bargaining with a third party. Business
people typically mean not to be bound by a letter of
intent, and courts ordinarily do not enforce one; but
courts occasionally find that a commitment has been
made. -Abbr. LOL -Also termed memorandum of
intent; memorandum of understanding; term sheet;
commitment letter. Cf. precontract under CONTRACT.
[Cases: Contracts (;=J25.]
letter of license. English law. An agreement signed by
all the creditors ofa financially troubled business that
does the following: (1) grants the debtor more time to
pay debts, (2) permits the debtor to continue business
in the hope ofovercoming its financial distress, and (3)
protects the debtor from arrest, lawsuit, or other interference while the letter is in effect. See ARRANGEMENT
WITH CREDITORS.
letter of recall. 1. A document sent from one nation's
executive to that of another, summoning a minister
back to his or her own country. 2. A manufacturer's
letter to a buyer of a particular product, asking the
buyer to bring the product back to the dealer for repair
or replacement. -Also termed recall letter.
letter of recredentials (ree-kr<:l-den-sh<:llz). A formal
letter from a host country's diplomatic secretary ofstate
to a minister or ambassador who has been recalled by
his or her own country . The letter officially accredits
the foreign minister back to his or her home country.
letter of request. 1. A document issued by one court
to a foreign court, requesting that the foreign court
(1) take evidence from a specific person within the
foreign jurisdiction or serve process on an individual
or corporation within the foreign jurisdiction and (2)
return the testimony or proof of service for use in a
pending case. See Fed. R. Civ. P. 28. -Also termed
letter rogatory (rog-<:l-tor-ee); rogatory letter; requisitory
letter (ri-kwiz-<:l-tor-ee). Cf. COMMISSION TO EXAMINE
A WITNESS. [Cases: Federal Civil Procedure (;=J 1312.]
2. An instrument by which an inferior court withdraws
or waives jurisdiction so that a matter can be heard in
the court immediately above. Pl.letters ofrequest.
letter ofthe law. (17c) The strictly literal meaning ofthe
law, rather than the intention or policy behind it.
Also termed litera legis. Cf. SPIRIT OF THE LAW. [Cases:
Statutes (;=J 189.]
letter of undertaking. An agreement by which a ship
owner -to avoid having creditors seize the ship and
release it on bond -agrees to post security on the ship,
and to enter an appearance, acknowledge ownership,
and pay any final decree entered against the vessel
whether it is lost or not. A letter of undertaking is
often issued by the shipowner's liability insurer. [Cases:
Admiralty (;=J57.]
"Such informal or extra-legal agreements save court costs
and the marshal's fees, avoid the annoyance of having the
vessel even temporarily arrested and may well be cheaper
than the usual surety bond .... In Continental Grain Co. v.
Federal Barge Lines, Inc., [268 F.2d 240 (5th Cir. 1959), aff'd,
364 U.S. 19, 80 S.Ct. 1470 (1960)], Judge Brown commented
that a letter of undertaking given by a shipowner would be
treated 'as though, upon the libel being filed, the vessel
had actually been seized, a claim filed, a stipulation to
abide decrees with sureties executed and filed by claimant,
and the vessel formally released. Any other course would
imperil the desirable avoidance of needless cost, time and
inconvenience to litigants, counsel, ships, clerks, marshals,
keepers and court personnel through the ready acceptance
of such letters of undertakings.' [268 F.2d at 243]. If, as
Judge Brown suggests, the informal agreement is treated
as having the same effect as a formal release under bond
or stipulation, few questions relating to their use will ever
have to be litigated." Grant Gilmore & Charles L. BlackJr.,
The Law ofAdmiralty  9-89, at 80001 (2d ed. 1975).
letter rogatory. See LETTER OF REQUEST.
letter ruling. (1950) Tax. A written statement issued
by the IRS to an inquiring taxpayer, explaining the
tax implications of a particular transaction. -Also

989
termed private letter ruling. [Cases: Internal Revenue
(;:=::> 3049.]
letters. (16c) Wills & estates. A court order giving official
authority to a fiduciary to conduct appointed tasks. _
Examples are letters of administration, letters of con
servatorship, letters of guardianship, and letters testa
mentary. Unif. Probate Code  1-201(23). See LETTER
(2). [Cases: Executors and Administrators
Guardian and Ward C=>16.]
letters ad colligendum bona defuncti (ad kol-a-jen-d<lm
boh-n<l di-fungk-tI), n. [Law Latin] Hist. An authori
zation from a judicial officer to an approved person to
collect and maintain the goods of a person who died
intestate . These letters were issued only if no repre
sentative or creditor existed to exercise this function.
letters close. See LETTERS SECRET.
letter security. See restricted security under SECURITY.
letters of absolution. Hist. Letters issued by an abbot
releasing a member ofhis order from his vows of obedi
ence to that order, thus permitting entry into another
order.
letters of administration. (16c) A formal document
issued by a probate court to appoint the administrator
of an estate. Letters of administration originated in
the Probate ofTestaments Act of 1357 (31 Edw. 3, ch. 4),
which provided that in case of intestacy the ordinary
(a high-ranking ecclesiastical official within a terri
tory) should depute the


case of intestacy the ordinary
(a high-ranking ecclesiastical official within a terri
tory) should depute the decedent's closest friends to
administer the estate; a later statute, the Executors Act
of 1529 (21 Hen. 8, ch. 4), authorized the ordinary to
grant administration to the surviving spouse, to next of
kin, or to both of them jointly. Also termed admin
istration letters. See ADMINISTRATION (4). Cf. LETTERS
TESTAMENTARY. [Cases: Executors and Administra
tors
letters ofadministration c.t.a. (1894) Letters ofadmin
istration appointing an administrator cum testamento
annexo (with the will annexed) either because the will
does not name an executor or because the named
executor does not qualify. See administration cum
testamento annexo under ADMINISTRATlO~.
letters of administration d.b.n. (1877) Letters of
administration appointing an administrator de
bonis non (concerning goods not yet administered)
because the named executor failed to complete the
estate's probate. See administration de bonis non
under ADMINISTRATION.
letters ofcredence. See LETTER OF CREDENCE.
letters of guardianship. (I8c) A court order appoint
ing a guardian to care for the well-being, property, and
affairs ofa minor or an incapacitated adult. -It defines
the scope of the guardian's rights and duties, includ
ing the extent ofcontrol over the ward's education and
medical issues. See GUARDIAN. [Cases: Guardian and
Ward 16.J
letters ofhorning. Hist. Scots law. An execution process
in which the creditor holding a decree obtained royal lettre de cachet
letters commanding the debtor to either perform or be
outlawed. See HORNING.
letters ofmarque (mahrk). A license authorizing a private
citizen to engage in reprisals against citizens or vessels
ofanother nation . Congress has the exclusive power
to grant letters ofmarque (U.S. Const. art. I,  8, d. II),
but it has done so only once since the 19th century.
Also termed letters ofmarque and reprisal.
"[FJormerly it was not uncommon for a state to issue
'letters of marque' to one of its own subjects, who had met
with a denial ofjustice in another state, authorizing him to
redress the wrong for himself by forcible action, such as
the seizure of the property of subjects of the delinquent
state." j.L. Brierly, The Law ofNations 321 (5th ed. 1955).
letters ofsafe conduct. Hist. Formal written permission
from the English sovereign to a citizen of a nation at
war with England, permitting that person to travel and
ship goods, to England or on the high seas, without
risk of seizure. _ Passports or licenses from foreign
ambassadors now may serve the same purpose. See
SAFE CONDUCT.
letters ofslains. Hist. Letters to the Crown from the rela
tives of a slain person concurring with the offender's
application for a royal pardon . A pardon could not
be granted without the family's concurrence. -Also
spelled letters ofslanes.
letters patent. (15c) 1. Hist. A document granting some
right or privilege, issued under governmental seal
but open to public inspection. Also termed Ii/erne
patentes (lit-<lr-ee pJ-ten-teez). Cf. LETTERS SECRET. 2.
A governmental grant of the exclusive right to use an
invention or deSign. -Also termed (in both senses)
patent deed. See PATENT (2). [Cases: Patents
letters rogatory. See LETTER OF REQUEST.
letters secret. Hist. A governmental document that
is issued to a private person, closed and sealed, and
thus not made available for public inspection. -Also
termed letters close. Cf. LETTERS PATENT (1).
letters testamentary. (17c) A probate-court order approv
ing the appointment ofan executor under a will and
authorizing the executor to administer the estate. Cf.
LETTERS OF ADMINISTRATION. [Cases: Executors and
Administrators 32.]
ancillary letters testamentary. Letters testamentary
issued at a place where the testator owned property
but did not have a domicile . The executor or admin
istrator is not authorized to act outside the issuing
court's territorial jurisdiction. [Cases: Executors and
Administrators (;:=::>518.]
domiciliary letters testamentary. Letters testamentary
issued at the place where the testator was domiciled.
letter stock. See restricted security under SECURITY.
lettre (le-tr<l), n. [French "letter"] Hist. A formal instru
ment granting some authority.
lettre de cachet (le-trJ d" ka-shay). [French "letter with
a seal"] A royal warrant issued for the imprisonment
of a person without trial.

990 /euca
leuca (loo-b), n. [Law Latin] Hist. 1. French law. A
league, consisting of 1,500 paces. 2. A league, consist
ing of 1,000 paces. 3. A privileged space of one mile
around a monastery.
levance and couchance (lev-.mts / kow-chants). Hist. The
state or condition of being levant and couchant. See
LEVANT AND COUCHANT.
levandae navis causa (la-van-dee nay-vis kaw-za), n.
[Latin "for the sake of lightening the ship"] Maritime
law. The practice of throwing goods overboard to
avoid total loss, entitling the owner to compensation
from other participants in the maritime venture. See
JETTISON; general average under AVERAGE.
levant and couchant (lev-ant / kow-chant), adj. [Law
Fr~nch couchant et levant "lying down and rising up"]
Hlst. (Of cattle and other beasts) trespassing on land
for a period long enough to have lain down to rest and
risen to feed (usu. at least one night and one day).
This period was the minimum required as grounds for
distraint. -Also termed couchant and levant.
levari facias (La-vair-I fay-shee-as). [Law Latin "that
you cause to be levied"] A writ ofexecution ordering a
sheriff to seize a judgment debtor's goods and income
from lands until the judgment debt is satisfied. This
writ is now used chiefly in Delaware. Cf. FIERI FACIAS.
Execution C='15.]
levarifadas damna de disseisitoribus (la-vair-I fay
shee-as dam-n.. dee dis-see-za-tor-a-bas), n. [Law
Latin "that you cause to be levied the damages from
the disseisors"] Hist. A writ directing the sheriff to
levy property to pay damages owed to one wrongfully
dispossessed ofa freehold estate. See DISSEISIN.
levari facias quando vicecomes returnavit quod non
habuit emptores (l,,-vair-I fay-shee-as kwon-doh VI
~ee-koh-meez ree-t"r-nay-vit kwod non hay-byoo
It emp-tor-eez), n. [Law Latin "that you cause to be
levied when the sheriff has returned that it had no
buyers"] Hist. A writ directing a sheriff, who had
already seized some of the debtor's property and
found it unsalable, to sell as much additional property
as necessary to pay the entire debt.
levari facias residuum debiti (la-vair-I fay-shee-as
ri-zij-oo-am deb-a-tr), n. [Law Latin "that you cause
to be levied the rest ofthe debt"] Hist. A writ directing
the sheriff to levy upon a debtor's lands or goods to
pay the remainder ofa partially satisfied debt.
leva to velo (l..-vay-toh vee-loh). [Latin "with the curtain
raised"] Roman law. The principle, applied to cases of
wreck and salvage, and later to all maritime matters,
that cases should be heard in public.  Although com
;nentators about the origin ofthe expression,
It probably refers to ace where causes were heard.
A sail was spread b the door, and when the cases
were heard, the sail was raised, allowing the proceed
mgs to be open to the public.
levee (lev-ee), n. (17c) 1. An embankment constructed
alon~ the edge of a river to prevent flooding. 2. A
landmg place on a body of navigable water for loading and unloading goods or receiving and delivering pas
sengers and boats.
levee district. See DISTRICT.
levee en masse. See LEVY EN MASSE.
level of abstraction. Copyright. The degree to which a
work describes an idea or process in a general rather
than concrete way . Judge Learned Hand posited that
from any work one can restate the idea in more and
more abstract ways, omitting more and more details,
until one is left with an uncopyrightable idea rather
than a protectable work of Originality. See Nichols v.
Universal Pictures Corp., 45 P.2d 119 (1930). [Cases:
Copyrights and Intellectual Property (;::>4.5.]
level-premium insurance. See INSURANCE.
level-rate legal-reserve policy. See INSURANCE POLICY.
leverage, n. (1830) 1. Positional advantage; effectiveness.
2. The use ofcredit or borrowed funds (such as buying
on margin) to improve one's speculative ability and to
increase an investment's rate of return. 3. The advan
tage obtained from using credit or borrowed funds
rather than equity capital. 4. The ratio between a cor
poration's debt and its equity capital. -Also termed
leverage ratio. 5. The effect of this ratio on common
stock prices.
leverage, vb. (1957) 1. To provide (a borrower or investor)
with credit or funds to improve speculative ability and
to seek a high rate of return. 2. To supplement (avail
able capital) with credit or outside funds. 3. To fund
(a company) with debt as well as shareholder equity.
4. Antitrust. To use power in one market to gain an
unfair advantage in another market. 5. Insurance. To
manipulate two coverages, as by an insurer's withhold
ing settlement ofone claim to influence a claim arising
under another source ofcoverage.
leverage contract. (1975) An agreement for the purchase
or sale ofa contract for the future delivery ofa specified
commodity, usu. silver, gold, or another precious metal,
in a standard unit and quantity, for a particular price,
with no right to a particular lot ofthe commodity . A
leverage contract operates mucb like a futures contract,
except that there is no deSignated contract market for
leverage contracts. The market sets the uniform terms
of a futures contract. But in a leverage contract, the
individual merchant sets the terms, does not guaran
tee a repurchase market, and does not guarantee to
continue serving or acting as the broker for the pur
chaser. Leverage contracts are generally forbidden for
agricultural commodities. 7 USCA  23(a). Cf. FUTURES
CONTRACT. [Cases: Commodity Futures Trading Regu
lation (;::> 10.]
leveraged buyout. See BUYOUT.
leveraged lease. See LEASE.
leveraged recapitalization. See RECAPITALIZATION.
leverage fund. See dual fund under MUTUAL FUND.
leverage ratio. See LEVERAGE (4).

991 lex AquiJia
leveraging up. See leveraged recapitalization under
RECAPITALIZATION.
leviable (lev-ee-"-b,,l), adj. 1. Able to be levied; assess
able <the fine is leviable on each offense>. 2. Able to
be levied upon; seizable in execution of a judgment
<leviable goods>. [Cases: Execution C=>20-58.]
leviora delicta (lev-ee-or-;} d;}-lik-ta). [Latin "the less
serious delicts"] Scots law. Lesser crimes (such as breach
of the peace) that can be summarily tried.
levir (lee-v"r), n. [Latin] Roman law. 1. A husband's
brother. 2. A wife's brother-in-law.
levis (lee-vis), adj. [Latin] Hist. Light; trifling.
levis culpa. See CULPA.
levis nota (lee-vis noh-t<l), n. [Latin] Hist. Slight mark
or brand.
levissima culpa. See CULPA.
Levitical degrees. See prohibited degree under DEGREE.
levy (lev-ee), n. (l3c) 1. The imposition of a fine or tax;
the fine or tax so imposed. -Also termed tax levy.
[Cases: Taxation ~'2411.]2. The enlistment of soldiers
into the military; the soldiers so enlisted. 3. The legally
sanctioned seizure and sale of property; the money
obtained from such a sale. Also termed (in sense 3)
levy ofexecution. [Cases: Execution C=> 122-147.]
wrongful levy. (18c) A levy on a third party's property
that is not subject to a writ of execution. [Cases: Exe
cution (::::'459.]
levy, vb. (l4c) 1. To impose or assess (a fme or a tax) by
legal authority <levy a tax on gasoline>. 2. To enlist for
service in the military <the troops were quickly levied>.
3. To declare or wage (a war) <the rival clans levied
war against each other>. 4. To take or seize property in
execution of a judgment <the judgment creditor may
levy on the debtor's assets>. [Cases: Execution C=>
122-147.]
levy court. See COURT.
levy en masse. A large conscription or mobilization of
troops, esp. in response to a threatened invasion.
Also spelled


en masse. A large conscription or mobilization of
troops, esp. in response to a threatened invasion.
Also spelled levee en masse; levy in mass.
levy of execution. See LEVY (3).
lewd, adj. (l4c) Obscene or indecent; tending to moral
impurity or wantonness <lewd behavior>.
lewd and lascivious cohabitation. See illicit cohabitation
under COHABITATION.
lewd house. See DISORDERLY HOUSE (2).
lewdness. (l6c) Gross, wanton, and public indecency that
is outlawed by many state statutes; a sexual act that
the actor knows will likely be observed by someone
who will be affronted or alarmed by it. See Model
Penal Code  251.1. -Also termed open lewdness. Cf.
INDECENT EXPOSURE; OBSCENITY. [Cases: Lewdness
1; Obscenity C=> 1.1.]
lex (leks), n. [Latin "law"] 1. Law, esp. statutory law.
2. Positive law, as opposed to natural law. _ Strictly
speaking, lex is a statute, whereas jus is law in general (as well as a right). 3. A system or body oflaws, written
or unwritten, that are peculiar to a jurisdiction or to
a field of human activity. 4. A collection of uncodi
fied laws within a jurisdiction. 5. LEX PUBLICA. 6. LEX
PRIVATA. 7. Civil law. A legislative bill. PI. leges (lee
jeez). Ct: JUS. 8. The acquisition ofproperty under some
specific law, when the property is made over by a mag
istrate to the claimant. 9. A term of a contract, treaty,
or other agreement.
lex actus (leks ak-t;:ls). See LEX LOCI ACTUS.
lex Aebutia (leks i-byoo-shee-;:l). [Latin] Roman law. A
statute that introduced simplified forms of pleading
and procedure. _ This was probably enacted in the later
part ofthe second century B.C. See lex Julia judiciorum
publicorum under LEX JULIA.
lex Aelia Sentia (leks ee-lee-;:l sen-tee-;:l). Roman law. A
law that set minimum age requirements for an owner
and a slave in a valid manumission, voided manum is
sions made to defraud creditors, and created the status
ofdediticii for some manumitted slaves, esp. criminals.
See DEDITICII; LATINI JUNIANI.
lex aeterna (leks ee-lar-n;:l). [Latin] Eternal law. See
NATURAL LAW (1).
lex Anastasiana (leks an-<l-stay-shee-ay-n;:l). [Latin]
Roman law. 1. A law establishing that emancipated
brothers and sisters receive an intestate inheritance
equal to those not emancipated. See AGNATI. 2. A law
providing that a person purchasing a debt from the
original creditor for less than its nominal value was
not entitled to recover from the debtor more than the
amount paid with lawful interest.
lex Angliae (leks ang-glee-ee), n. [Latin] Hist. The law of
England; the common law.
lex annua. See edictum perpetuum under EDICTUM.
lex apparens (leks ;:l-par-enz), n. [Law Latin "apparent
law") Hist.The legal processes of trial by ordeal or
wager of battle. _ The plaintiff could not summon the
defendant for trial by these processes before establish
ing a clear or apparent right through testimony. See
ORDEAL.
lex Apuleia (leks ap-y;:l-lee-;:l). [Latin] Roman law. A
law giving a coguarantor, who had paid more than
the proper share of debt, an action of reimbursement
against the remaining guarantors. Also spelled lex
Appuleia.
lex Aquilia (leks <l-kwil-ee-<l). [Latin "Aquilian law"]
Roman law. A Roman statute imposing liability for
pecuniary loss tortiously caused and generally regu
lating loss caused by damage to property, including
compensation to be paid for injury to another's slave
or livestock. - A loss had to be financially measurable
and caused wrongfully. Ifthe liable party denied liabil
ity, then damages were doubled. This law applied to
negligence as well as dolus. The law, enacted around
287 B.C., superseded the earlier provisions of the Twelve
Tables. Also termed Aquilian law. See DAMNUM

992 lex Atilia
I:-.!1URIA DAT[;M; DOLUS. See actio legis Aquiliae under
ACTIO.
lex Atilia (leks d-til-ee-d). [Latin] Roman law. A law
granting to magistrates the right to appoint guardians.
 The law is named after the person who proposed it,
perhaps the tribune L. Atilius Regulus. It was enacted
about 210 B.C. Also termed Atilian law.
lex Atinia (leks Cl-tin-ee-Cl). [Latin] Roman law. A law
declaring that a prescriptive right cannot be acquired
in stolen property. It was enacted in the late third or
early second century B.C. Also termed Atinian law.
lex Baiuvariorum (leks baY-d-vair-ee-or-Clm). [Latin]
Hist. The law of Bavaria, a barbarian nation in the
Early Middle Ages, first collected (together with the
law of the Franks and Alemanni) by Theodoric (ca.
454-526), and finally completed and promulgated by
Dagobert (ca. 612-639). Also termed lex Baioriorum;
lex Boiorum.
lex barbara (leks bahr-bd-rd). [Latin] Roman law. The
law ofbarbarian nations, i.e., those that were not subject
to the Roman Empire.
lex Boiorum. See LEX BAIUVARIORUM.
lex Brehonia (leks bri-hoh-nee-d), n. [Law Latin] Hist.
The Brehon or Irish law.
lex Bretoisa (leks bre-toy-sd), n. [Latin] Hist. The law of
ancient Britons; the law of Marches of Wales.
lex Burgundionum (leks bdr-g;m-dee-oh-ndm), n. [Law
LatinJ Hist. The law ofthe Burgundians, first published
about A.D. 495.
lex Calpurnia (leks kal-par-nee-d). [Latin] Roman law.
A law extending the lex Silia by establishing procedures
to recover goods other than money. This affected the
actiones legiS. See LEX SILlA; LEGIS ACTIO.
lex Canuleia (leks kan-yoo-Iee-d). [Latin] Roman law.
A law of445 B.C. granting plebeians the right to marry
patricians.
lex causae (leks kaw-zee). [Latin] The legal system that
governs a dispute.
lex centuriata (Iee-jeez sen-tyoor-ee-ay-tee). [Latin]
Roman law. A law passed in the comitia centuriata.
PI. leges centuriatae. See comitia centuriata under
COMITIA.
lex Cincia (leks sin-shee-a). [Latin] Roman law. A law of
204 B.C. prohibiting certain types of gifts and all gifts
or donations of property beyond a certain measure,
except to a near relative.
lex Claudia (leks klaw-dee-<l). [Latin] Roman law. A
law that abolished the ancient guardianship of adult
women by their male agnate relatives. -This became
effective in the first century A.D. Also termed lex
Claudia de tutela.
lex comitatus (leks kom-<l-tay-t<ls), n. [Law Latin] Hist.
The law of the county; the law administered in the
county court before the earl and his deputies.
lex commercii (leks b-mar-shee-I), n. [Latin] The law of
business or commerce; commercial law. -Also termed lex commissoria (leks kom-<l-sor-ee-a). See LEX COM
MISSORIA.
lex commissoria (leks kom-i-sor-ee-a). [Latin "forfeiture
clause" or "cancellation clause"] Roman law. 1. A term
in a contract of sale allowing the seller to rescind the
sale if the price was not paid by the agreed time. 2. A
clause by which, in a pledge agreement, a debtor and
creditor could agree that if the debtor fails to timely
pay the debt, the creditor obtains absolute title of the
pledged property.
"By the lex commissoria at Rome, the debtor and creditor
might agree that if the debtor did not pay at the day,
the pledge should become the absolute property of the
creditor. But a law of Constantine abolished this power, as
unjust and oppressive, and having a growing asperity in
practice." 2 James Kent, Commentaries on American Law
*583 (George Comstock ed., 11th ed. 1866).
3. An agreement in which such a failure-to-timely-pay
clause appears. -Also written commissoria lex. 3. LEX
COMMERCII.
"But the position of the seller was a good deal more
awkward, especially if he had sold a unique object, such
as a piece of land, for, apart from express agreement,
he would have to retain the land or other object in case
the buyer later came along with the price and demanded
delivery. The difficulty could be avoided by the insertion of
a term known as lex commissoria, which gave the seller an
option of declaring the contract at an end if the buyer did
not pay within the agreed time. This term probably became
common form in Roman law, but was never implied. It
always had to be expressly inserted in the contract ....
Not until the time of Lord Mansfield was a similar develop
ment complete in English law, though in the end we carried
it much further than the Romans." W.w. Buckland & Arnold
D. McNair, Roman Law & Common Law: A Comparison in
Outline 231 (F.H. Lawson ed., 2d ed. 1952).
lex communis (leks b-myoo-nis), n. [Latin] The
common law. See JUS COMMUNE.
lex contractus (leks k<3n-trak-tds). See LEX LOCI CON
TRACTUS.
lex Cornelia (leks kor-nee-Iee-a or kor-neel-ya). [Latin]
Roman law. One ofseveral laws passed by the dictator
L. Cornelius Sulla in 82-81 B.C. -Also termed Car
nelian law.
lex Cornelia de edictis (leks kor-nee-lee-<l dee ee-dik
tClS). See lex Cornelia de jurisdictione.
lex Cornelia de falsis (leks kor-nee-Iee-<3 dee fal-soh
or fawl-sis). [Latin] Roman law. See lex cornelia
nummaria testamentaria.
lex Cornelia de injuriis (leks kor-nee-lee-<l dee in
joor-ee-is). [Latin] Roman law. The Cornelian law
providing a civil action for the recovery ofa penalty in
certain cases ofbodily injury and violent invasion of
property. The precise boundary between the crime
and the delict is not clear. But the two procedures
probably existed side by side.
"Lex Cornelia de iniuriis .... Punished three kinds of
injury committed by violence: pu/sare (beating), verber
aYe (striking, causing pains) and domum introire (forcible
invasion of another's domicile)." Adolf Berger, Encyclopedic
Dictionary of Roman Law 549 (1953).

993 lex generalis
lex Cornelia de jurisdictione (leks kor-nee-lee-;l dee
ioor-is-dik-shee-oh-nee). [Latin] Roman law. The law
forbidding a praetor from departing, during his term
of office, from the edict he had promulgated at the
term's commencement.  It did not, however, forbid
the offer ofnew remedies. -Also termed lex Cornelia
de edictis.
lex Cornelia de sicariis et veneficis (leks kor-nee-Iee-;l
dee si-kair-ee-is et v;l-nee-f;l-sis). [Latin] Roman law.
A law combining jurisdiction over gangster-type
killings and poisoning, or attempts at such crimes,
and addressing the bringing of false witness and
bribery of a judge or juror, if those actions brought
about a person's death. The statute was soon
extended to cover murder generally when commit
ted within or close to Rome. Emperor Antoninus Pius
added a provision for murder to include a slave owner
who deliberately killed his own slave.
lex Cornelia de sponsu (leks kor-nee-Jee-a dee
spon-s[y]oo). [Latin] Roman law. A law prohibiting
a person from acting as surety for the same debtor to
the same creditor in the same year for more than a
specified amount.
lex Cornelia nummaria testamentaria (leks kor-nee
lee-;l n;l-mair-ee-<1 tes-t<l-men-tair-ee-;l). Roman
law. A statute making forgery (jalsum) a crime,
and creating a special court to try forgery cases .
Until the later Roman Empire,Jalsum included both
coining and document forgery. Also termed lex
Cornelia de falsis (leks kor-nee-Iee-;l dee fal-soh or
fawl-sis). See FALSUM (2).
"It is not absolutely clear whether Sulla passed two laws,
one on forging wills and the other on forging money, or
whether the one lex Cornelia nummaria testamentaria
provided for both sorts of offence to be heard by the
quaestio de (alsis which it created." O. t. Professor Robinson,
The Criminal Law ofAncient Rome 36 (1995).
lex curiata (lex kyoor-ee-ay-t;l).


Ancient Rome 36 (1995).
lex curiata (lex kyoor-ee-ay-t;l). (Latin] Roman law.
Laws passed in the comitia curiata. PL leges curiatae
(lee-jeez kyoor-ee-ay-tee). See comitia curiata under
COMITIA.
lex Danorum (leks dan-or-;lm). See DANELAW.
lex delicti (leks d;l-lik-tr). See LEX LOCI DELICTI.
lex deraisnia (leks d;l-rayn-ee-<:l), n. [Law Latin] Hist. A
law by which a party denies an accusation, showing it
to be against reason or probability.
lex de responsis prudentium (leks dee ri-spon-sis proo
den-shee-;lm). [Latin "law on the replies of the juris
prudents"] See CITATIONS, LAW OF.
lex domicilii (leks dom-;l-sil-ee-r). [Latin] (18c) 1. The
law of the country where a person is domiciled. 2.
The determination of a person's rights by establishing
where, in law, that person is domiciled. See Restatement
(Second) ofConflict of Laws  11 et seq. (1971).
Lex Duodecim Tahularum (leks d[y]oo-<I-des-;lm tab-
y;l-lair-;lm). See TWELVE TABLES. lex et consuetudo parliamenti (leks et kon-Sw;l-t[y]
oo-doh parl-[y];l-men-tI), n. [Latin] Hist. The law and
custom (or usage) of Parliament.
lex et consuetudo regni (leks et kon-sw;l-t[y]oo-do
reg-nr), n. [Latin] Hist. The law and custom of the
realm; the common law.
lex Fabia de plagiariis (leks fay-bee-a dee plaj-ee-air
ee-;ls), n. [Latin] Hist. A law directed against kidnap
ping and harboring ofslaves.
lex Falcidia (leks fal-sid-ee-;l). See FALClDIAN LAW.
lex feud; (leks fyoo-dl). [Law Latin] Scots law. The law of
the feu; the law pertaining to feudal title.
lex fori (leks for-I). [Latin] (1803) 'The law of the forum;
the law of the jurisdiction where the case is pending
<the lex fori governs whether the death penalty is a
possible punishment for a first-degree-murder convic
tion>. -Also termed lex ordinandi. Cf. LEX LOCI (1).
[Cases: Action 17.]
lex Francorum (leks frang-kor-;lm), n. [Law Latin] The
law of the Franks, promulgated by Theodoric I, son of
Clovis I, at the same time as the law of Alemanni and
Bavaria.
lex Frisionum (leks frizh-ee-oh-n;lm), n. [Law Latin]
The law of the Frisians, promulgated in the middle of
the eighth century.
lex Fufia Caninia (leks foof-ee-;l k;l-nI-nee-;l). [Latin]
Roman law. A law prohibiting owners from freeing
by will more than a certain number or proportion of
their slaves . Justinian later abrogated this law. -Also
termed lex Fufia Caninia; Fufian Can in ian law; Fufian
Caninian law.
lex Furia testamentaria (leks fyoor-ee-;l tes-t;l-men
tair-ee-;l. [Latin] Roman law. A law prohibiting a
testator from bequeathing more than 1,000 asses (Le.,
722 pounds) of copper or the equivalent. This law,
dating from the middle of the republic, was one of the
first to restrict legacies. It was passed between 204 and
169 B.C.
"The lex Furia . .. provided that no one except [close] rela
tives ... should take by will or gift in view of death more
than 1000 asses [copper coins). It did not rescind the dis
pOSition, but enacted a penalty offour times the amount,
recoverable by a stringent procedure from anyone who
took such a legacy or gift, contrary to the law, But this
law left it open to a testator to leave nothing to the heir,
supposing he made a sufficient number of legatees up to
the statutable limit," 1 Henry John Roby, Roman Private
Law 344-45 (1902).
lex Fusia Caninia. See LEX FUFIA CANINIA.
lex Gahinia (leks g<l-bin-ee-;l). [Latin] Roman law. A
law introducing popular election by secret ballot.
Secret ballots were also used in judicial meetings.
Also termed lex Gabinia tabellaria (leks g;l-bin-ee-;l
tab-<I-lair-ee-<:l).
lex generalis (leks jen-;l-ray-lis). A law of general appli
i cation, as opposed to one that affects only a particular
' person or a small group ofpeople.

994 lex Genucia
lex Genucia (leks jd-n[y]oo-shee-d). [Latin] Roman law.
A law prohibiting the charging of interest on loans
between Roman citizens . The statute was proposed
in the 4th century B.C., but it is uncertain when, ifever,
it was enacted. Ifenacted, it was not enforced.
lex Gothica (leks goth-ik-d), n. [Law Latin] Hist. The law
of the Goths. It was first promulgated in writing in
A.D. 466.
lex Horatia Valeria. See LEX VALERIA HORATIA.
lex Hortensia (leks hor-ten-s[h]ee-d). [Latin] Roman
law. A law extending to the plebeians full participa
tion in public laws ofgovernment and worship; specif.,
an important constitutional law that made laws passed
by the assemblies of the common people (the plebeians)
binding on all citizens . Previously, plebeian assem
blies could not bind the patrician class. This statute put
enactments ofthe concilium plebis on the same footing
as leges. See JUS PUBLICUM; JUS SACRUM.
lex Hostilia de furtis (leks hos-til-ee-d dee f<lr-tis). [Latin]
Roman law. A law of the early Republic providing that
the state could prosecute a person for theft on behalf of
an owner when the owner was captive or abroad . This
affected the actiones legis. See LEGIS ACTIO.
lexical definition. See DEFINITION.
lex imperatoria (leks im-pdr-d-tor-ee-d). [Latin]
Imperial law.
lex incorporation is. [Latin] The law of the state where
incorporation takes place. See INTERNAL-AFFAIRS
DOCTRINE.
LEXIS (lek-sis). A proprietary online computer service
that provides access to databases oflegal information,
including federal and state caselaw, statutes, and sec
ondary materials.
lex judicialis (leks joo-dish-ee-ay-lis), n. [Latin "judicial
law"] An ordeal. See ORDEAL.
lex Julia (leks joo-Iee-d). [Latin] Roman law. One of
several Roman statutes dating from the reign of the
Emperor Augustus (27 B.C.-A.D. 14) or sometimes from
Julius Caesar (47-44 B.C.).
lex Julia de adulteriis coercerendis (leks joo-Iee-d dee
d-ddl-tJr-ee-is koh-dr-sd-ren-dds). [Latin] Roman law.
A statute of 18 B.C. making adultery a public crime,
justiciable before a quaestio perpetua. -Sometimes
shortened to lex Julia de adulteriis.
lex Julia de ambitu (leks joo-lee-d dee am-bi-t[y]oo).
[Latin] Roman law. A law of 18 B.C. discouraging elec
toral corruption by a would-be magistrate.
lex Julia de annona (leks joo-lee-d dee d-noh-nd).
[Latin] Roman law. A law against business combina
tions that negatively affected the grain supply, esp.
attempts to raise the price ofcorn.
lex Julia de cessione bonorum (leks joo-Iee-d dee
ses[h]-ee-oh-nee bd-nor-dm). [Latin] Roman law.
A law governing bankruptcies allowing a debtor to
avoid further adverse action by ceding all the debtor's
property to the creditors. lex Julia de majestate (leks joo-Iee-d dee maj-d-stay
tee. [Latin] Roman law. A treason law imposing
capital punishment on a person acting against the
emperor or state . Enacted about 8 B.C., this was the
last specific law on treason.
lex Julia de maritandis ordinibus (leks joo-Iee-d dee
mar-d-tan-dis or-din-d-bds). [Latin] Roman law.
A law regulating marriages, imposing a duty to be
married on all men between 25 and 60, and on all
women between 20 and 50, and forbidding mar
riages between senators and freedwomen, and for
bidding senators and all other freeborn citizens from
marrying actresses, prostitutes, and the like . This
18 B.C. statute is usu. considered as one law with the
lex Papia Poppea of A.D. 9, which exempted women
with three children or more from being placed under
guardianship.
lex Julia de peculatu (leks joo-Iee-d dee pek-yd-Iay
t[y]oo). [Latin] Roman law. A law punishing the
embezzlement ofpublic monies . Originally a mag
istrate determined the punishment. The same court
had jurisdiction for transgressions under lex Julia
de residius and for sacrilege, the wrongful taking of
money dedicated to sacred or religious purposes. See
lex Julia de residuis.
lex Julia de residuis (leks joo-Iee-d dee ri-zij-oo-is).
[Latin] Roman law. A law punishing persons who
could not account for public money lawfully in their
charge. See lex Julia de peculatu.
lex Julia judiciorum privatorum (leks joo-Iee-d joo
dish-ee-or-dm prr-vd-tor-dm). See lex Julia judicio
rum publicorum.
lex Julia judiciorum publicorum (leks joo-Iee-d joo
dish-ee-or-dm pd-bli-kor-dm). [Latin] Roman law.
An Augustan law that, with the lex Julia judicio rum
privatorum, reformed various aspects of civil proce
dure. The two laws are often referred to together
as leges Juliae, or duae Juliae. Together with the lex
Aebutia, the leges Julia largely abolished the legis
actiones, the ancient form of Roman civil procedure
that relied on fixed oral forms.
lex Junia Norbana (leks joo-nee-d nor-bay-nd). [Latin]
Roman law. A law creating the status of Junian Latin
for informally manumitted slaves. -Often shortened
to lex Junia. See LATINI JUNIANI.
"After the lex Junia Norbana, we find the following classes
of persons, under the division of the law of persons into
free men or slaves: 1. Ingenui, or persons born free. 2. Lib
ertini . .. ex-slaves who, on gaining their freedom, became
cives. 3. Latini Juniani ... ex-slaves who, on manumission
and by reason of some defect therein, became something
short of full citizens. 4. Dediticii .... 5. Slaves proper."
R.w. Leage, Roman Private Law 70 (C.H. Ziegler ed., 2d
ed. 1930).
lex Junia Velleia (leks joo-nee-d vd-Iee-Yd). [Latin]
Roman law. A law providing that certain kinds of
descendants must be treated as posthumously born
children ofa decedent for purposes of heirship. This
probably was enacted in A.D. 26.

995 lex posterior derogat priori
lex Kantiae (leks kan-shee-ee). [Law Latin] Hist. A body
ofcustoms, mainly concerning land tenure, prevailing
in Kent during the time ofEdward 1.
lex Langobardorum. See LEX LONGOBARDORUM.
lex ligeantiae (leks lij-ee-an-shee-ee). [Law Latin] The
law ofthe country to which a person owes national alle
giance. Some jurists have thought that this law ought
to decide many of the questions that have usu. been
determined by the lex domicilii.
lex loci (leks loh-51). [Latin] (I8c) 1. The law ofthe place;
local law. Cf. LEX FORI. 2. LEX LOCI CONTRACTUS.
lex loci actus (leks lob-sr ak-t;:Js). [Law Latin] Ihe law of
the place where an act is done or a transaction is com
pleted. Otten shortened to lex actus.
lex loci celebrationis (leks lob-s1 sel-;:J-bray-shee-oh-nis).
[Latin "law of the place of the ceremony"] The law of
the place where a contract, esp. ofmarriage, is made .
This law usu. governs when the validity of a marriage
is at issue. Restatement (Second) of Conflict of Laws
 283(2) (1971).
lex loci contractus (leks loh-51 bn-trak-tas). [Latin] The
law of the place where a contract is executed or to be
performed. Lex loci contractus is often the proper
law by which to decide contractual disputes. Often
shortened to lex loci; lex contractus. [Cases: Contracts
(;::::> 144.]
"The lex loci contractus controls the nature, construction,


ases: Contracts
(;::::> 144.]
"The lex loci contractus controls the nature, construction,
and validity of the contract; and on this broad foundation
the law of contracts, founded on necessity and commercial
convenience, is said to have been originally established. If
the rule were otherwise, the citizens of one country could
not safely contract, or carryon commerce, in the territories
of another." 2 James Kent, Commentaries on American Law
*454 (George Comstock ed., 11 th ed. 1866).
lex loci delicti (leks lob-51 d<l-lik-tI). [Latin] The law of
the place where the tort or other wrong was commit
ted. -Often shortened to lex delicti. -Also termed
lex loci delictus; lex loci delicti commissi; place-oj-wrong
rule; place-oj-wrong law. Cf. LOCUS DELICTI, [Cases:
Torts (;::::> 103.]
lex loci rei sitae (leks lob-sl ree-1 sl-tee). [Latin] LEX
SITUS.
lex loci solutionis (leks loh-si s;:J-Ioo-shee-oh-nis). [Latin
"law ofthe place of solution"] The law ofthe place where
a contract is to be performed (esp. by payment). -
Otten shortened to lex solutionis.
lex Longobardorum (leks long-goh-bahr-dor-<lm).
[Latin "law of the Lombards"] Hist. An ancient legal
code developed between the fifth and eighth centu
ries, in force until the reign of Charlemagne; the laws
of the Lombards, seen cumulatively from the Edict of
Rothari in A.D. 643, and added to by Liutprand . It was
a subject of study in the early law school at Pavia.
Also spelled lex Langobardorum; [ex Langobardica.
lex majoris partis [Latin "law of the major party")
Majority rule. See MAJORITY RULE.
"The voice of the majority decides. For the lex majoris
partis is the law of all councils, elections, &c. where not
otherwise expressly provided. But if the house be equally divided, 'semper presumatur pro negante:' that is, the
former law is not to be changed but by a majority." Thomas
Jefferson, A Manual of Parliamentary Practice 105 (1801)
(citation omitted).
lex manifesta (leks man-;)-fes-ta). [Law Latin] Hist. 1.
Open law; manifest law. 2. Trial by duel or ordeal.
Also termed manifest law.
lex marityma. Hist. The body of customs, usage, and
local rules governing seagoing commerce that devel
oped in the maritime countries of medieval Europe.
lex mercatoria (leks m;:Jr-ka-tor-ee-a). [Latin "mercantile
law"] See LAW MERCHANT.
lex merciorum (leks mar-shee-or-am). See MERCEN
LAGE.
lex monetae (leks m;:J-nee-tee). [Latin] The law of the
country whose money is in question.
lex naturae (leks nd-tyoor-ee). See NATURAL LAW.
lex naturale (leks nach-a-ray-lee). [Law Latin] See
NATURAL LAW.
lex non scripta (leks non skrip-t;:J). [Latin "unwrit
ten law"] See unwritten law under LAW. Pi. leges non
scriptae.
lex ordinandi (leks or-d;:J-nan-dr). See LEX FORI.
lex Papia Poppea (leks pay-pee-a pah-pee-a). [Latin]
Roman law. A law proposed by the consuls Papius and
Poppeus at the request ofAugustus. It is usu. consid
ered with the lex Julia de maritandis ordinibus as one
law. Also termed Papian law; Poppean law. See lex
Julia de maritandis ordinibus under LEX JULIA.
lex patriae (leks pay-tree-ee or pa-tree-ee). [Latin]
National law; the law of one's country. See PERSONAL
LAW.
lex Petronia (leks pa-trob-nee-a). [Latin] Roman law.
A law forbidding masters from sending their slaves to
fight wild beasts in the arena, without a magistrate's
authorization . This law was enacted sometime before
A.D. 79.
lex Plaetoria (leks pli-or plee-tor-ee-a). [Latin] Roman
law. A law protecting minors against frauds and
probably permitting them to apply for a guardian or
curator to assist them.
lex PoeteHa (leks poh-a-tee-Iee-a). [Latin] Roman law. A
law abolishing a creditor's right to reduce his debtor to
slave-like treatment.  This law was enacted sometime
before 300 B.C.
lex Pompeia de parricidiis (leks pom-pee-a dee par-a
sl-dee-is). [Latin] Roman law. A law of 70 or 55 B.C.
defining what murders amounted to parricide and
establishing a special expiatory punishment, in which
the offender was executed by being sewn up in a sack
with a dog, a rooster, a viper, and a monkey, and thrown
into the sea or a river.
lex posterior derogat priori (leks pah-steer-ee-<lf der-a
gat prr-or-r). [Latin "a later law prevails over an earlier
one"] The principle that a later statute negates the effect

ofa prior one if the later statute expressly repeals, or is
obviously repugnant to, the earlier law.
lex praetoria (leks pri-or pree-tor-ee-a). [Latin "praeto
rian law" J1. Roman law. Law laid down in the praetor's
edict. Cf. JUS PRAETORIUM. 2. Hist. The applicable rules
in a court of equity.
lex privata (leks pn-vay-ta). [Latin "private law"] Roman
law. A term in a private contract. Sometimes short
ened to lex.
lex publica (leks pab-li-b). [Latin "public law"] Roman
law. 1. A law passed by a popular assembly and binding
on all people. 2. A written law. -Sometimes shortened
to lex.
lex Publilia (leks p[y]oo-blil-ee-a). [Latin "Publilian
law"] Roman law. A law dispensing with senatorial
approval for the enactments of the plebs (common
citizens). In 339 B.C. these laws strengthened the force
ofthe plebiscita and indirectly weakened the patrician
element in the Senate by permitting auctoritas patrum
to be given in advance for some legislation, and requir
ing one of the censors to be a plebeian. -Also termed
leges Publiliae Philonis.
lex regia (leks ree-jee-a). [Latin "royal law"] Roman law.
A law ostensibly enacted by the Roman people granting
wide legislative and executive powers to the emperor,
later interpreted as providing that the emperor was a
source oflaw, the emperor had full legislative powers,
and the emperor's will or pleasure had the full force of
law. See LEX IMPERII.
lex rei sitae (leks ree-I sl-tee). [Law Latin] Scots law. The
law of the place where the property is situated.
lex Rhodia (leks roh-dee-a). [Latin] Roman law. The
Rhodian law governing the subject of jettison. This
began as the common law ofthe ancient Mediterranean
Sea. It required that all consignors and the shipmaster
share losses equally. -Also termed lex Rhodia de jactu.
See RHODIAN LAW.
lex Romana (leks ra-may-na). [Latin] ROMAN LAW.
Lex Romana Visigothorum (leks r<l-may-na viz-a-gah
thor-am). See BREVIARIUM ALARICIANUM.
lex Salica (leks sal-;)-b). [Latin] See SALIC LAW.
lex Scribonia (leks skri-boh-nee-a). [Latin] Roman law.
A law ofthe late Republic abolishing the acquisition of
praedial servitudes through prescription.
lex scripta (leks skrip-ta). [Latin "written law"] See
unwritten law under LAW. PI. leges scriptae.
lex Sempronia (leks sem-proh-nee-;). [Latin] Roman
law. A law of 122 B.C. transferring the duty of jury
service from the senators to the equestrians (knights).
 The control ofthe juries in the quaestiones perpetuae,
particularly in extortion (repetundae) trials, was one of
the key areas ofpolitical conflict in the late Republic.
lex Silia (leks sil-ee-a). [Latin] Roman law. A law pro
viding for personal actions for a fixed sum of money;
specif., a law from perhaps 250 B.C. introducing the legiS
actio per condictionem to claim a fixed sum of money. lex situs (leks SI-tas. [Law Latin] The law of the place
where property is located. Also termed lex loci rei
sitae. See Restatement (Second) of Conflict of Laws
 222 et seq. (1971).
lex solutionis. See LEX LOCI SOLUTIONIS.
lex talionis (leks tal-ee-oh-nis). [Law Latin] The law
of retaliation, under which punishment should be in
kind -an eye for an eye, a tooth for a tooth, and so
on but no more. Also termed eye for an eye; jus
talionis; principle ofretribution.
"Kant, for example, expresses the opinion that punishment
cannot rightly be inflicted for the sake of any benefit to be
derived from it either by the criminal himself or by society,
and that the sale and sufficient reason and justification of
it lies in the fact that evil has been done by him who suffers
it. Consistently with this view. he derives the measure of
punishment, not from any elaborate considerations as to
the amount needed for the repression of crime, but from
the simple principle of lex talionis: 'Thine eye shall not
pity; but life shall go for life, eye for eye, tooth for tooth,
hand for hand, foot for foot" [Deuteronomy, xix 21]. No
such principle, indeed, is capable of literal interpretation;
but subject to metaphorical and symbolical applications
it is in Kant's view the guiding rule of the ideal scheme of
criminal justice." John Salmond, Jurisprudence 118 (Glan
ville L. Williams ed., 10th ed. 1947).
"But if the old form of the lex talionis, an eye for an eye or
a tooth for a tooth, sounds too barbariC today, may we not
reformulate the retributive theory and put it thus: Everyone
is to be punished alike in proportion to the gravity of his
offense or to the extent to which he has made others
suffer?" Morris R. Cohen, Reason and Law 53 (1961).
lex terrae (leks ter-ee). [Law Latin] See LAW OF THE
LAND.
lex Theodosiana (leks thee-a-doh-see-an-d). See TIIEO
DOSIAN CODE.
lex Valeria Horatia (leks va-Ieer-ee-a h<l-ray-shee-a).
[Latin] Roman law. A law making enactments by the
assembly of the people in tribes binding on all citizens.
 Several laws of this name were passed in 449 B.C.
One was aimed at strengthening the force ofplebiscita.
Another protected plebeian tribunes with sacrosanc
tity. A third, more dubious, law falls between the lex
Valeria of 509 B.C. and the lex Valeria of 300 B.C. in
granting the right ofprovocatio to the Roman citizen
oppressed by a magistrate. Cf. LEX HORTENSIA.
lex validitatis (leks val-d-day-tis. [Latin] Conflict oflaws.
The presumption ofvalidity given to marriages, con
tracts, and other matters.
lex Visigothorum (leks viz-a-gah-thor-<lm). [Latin "law
of the Visigoths"] The law of a division of the Goths
(a Germanic tribe) known as the Visigoths, who con
quered Spain in the 5th century. In the late 7th
century, Kings Recceswinth and Erwig imposed a
Visigothic common law, and it is to this law that the
phrase lex Visigothorum usu. applies. -Also spelled
lex Wisigothorum. Also termed liber iudiciorum.
lex Voconia (leks va-koh-nee-d). [Latin] Roman law. A
law enacted in 169 B.C. to regulate inheritance (esp. by
women) by capping the amount receivable by anyone
as legacy or gift in view of death at no more than the
heirs took.  1be Falcidian law superseded the lex

997
Voconia. Also termed Voconian law. See FALCIDIAN
LAW.
"Lex Voconia .... Contained several provisions con
cerned with the law of succession: (l) No woman could be
heir ... to an estate having a value greater than a fixed
amount .... (2) Admitted among female agnates only
the sisters of the deceased to intestate succession. (3) No
one person male or female could receive by legacy
more than the heir (or all heirs together) instituted in the
last will." Adolf Berger, Encyclopedic Dictionary of Roman
Law 561 (1953).
lex Wallensica (leks wawl-en-z<I-b), n. [Latin] Welsh
law.
ley (lay), n. [Law French] Hist. Law.
ley civile (lay see-or s.:l-veel), n. [Law French) Hist. L
The civil law. 2. The Roman law. -Also termed ley
escripte.
ley de terre (lay dd tair). [Law French] See LAW OF THE
LAND.
leyerwite. See LAIRWlTE.
ley


[Law French] See LAW OF THE
LAND.
leyerwite. See LAIRWlTE.
ley escripte (lay es-kript). See LEY CIVILE.
ley gager (lay gay-jdr), n. [Law French] Hist. Wager of
law; the defendant's giving of security to make law on
a particular day. See WAGER OF LAW.
leze majesty. See LESE MAJESTY.
L.F. abbr. LAW FRENCH.
LHWCA. abbr. LONGSHORE AND HARBOR WORKERS'
COMPENSATION ACT.
liability, n. (18c) 1. The quality or state of being legally
obligated or accountable; legal responsibility to another
or to society, enforceable by civil remedy or criminal
punishment <liability for injuries caused by negli
gence>. -Also termed legal liability; subjection. Cf.
FAULT. 2. (often pl.) A financial or pecuniary obligation;
DEBT <tax liability> <assets and liabilities>.
"The term 'liability' is one of at least double signification.
In one sense it is the synonym of duty, the correlative of
right; in this sense it is the opposite of privilege or liberty.
If a duty rests upon a party, society is now commanding
performance by him and threatening penalties. In a second
sense, the term 'liability' is the correlative of power and
the opposite of immunity. In this case society is not yet
commanding performance, but it will so command if the
possessor of the power does some operative act. If one has
a power, the other has a liability. It would be wise to adopt
the second sense exclusively. Accurate legal thinking is
difficult when the fundamental terms have shifting senses."
William R. Anson, Principles ofthe Law ofContract 9 (Arthur
L. Corbin ed. 3d Am. ed. 1919).
"Liability or responsibility is the bond of necessity that
exists between the wrongdoer and the remedy of the
wrong. This vinculum juris is not one of mere duty or obli
gation; it pertains not to the sphere of ought but to that
of must." John Salmond, Jurisprudence 364 (Glanville L.
Williams ed., 10th ed. 1947).
absolute liability. See strict liability.
accomplice liability. (1958) Criminal responsibility of
one who acts with another before, during, or (in some
jurisdictions) after a crime. See 18 USCA  2. [Cases:
Criminal Law (;::>59.] liability
accrued liability. (1877) A debt or obligation that is
properly chargeable in a given accounting period but
that is not yet paid.
alternative liability. (1929) Liability arising from the
tortious acts oftwo or more parties -when the plain
tiff proves that one ofthe defendants has caused harm
but cannot prove which one caused it resulting
in a shifting of the burden of proof to each defen
dant. Restatement (Second) ofTorts  433B(3) (1965).
[Cases: Torts c?130.J
civil liability. (1817) 1. Liability imposed under the
civil, as opposed to the criminal, law. 2. 1ne state of
being legally obligated for civil damages.
contingent liability. (18c) A liability that will occur only
ifa specific event happens; a liability that depends on
the occurrence ofa future and uncertain event.  In
financial statements, contingent liabilities are usu.
stated in footnotes.
current liability. A business liability that will be paid
or otherwise discharged with current assets or by
creating other current liabilities within the next year
(or operating cycle). -Also termed short-term debt.
derivative liability. (1886) Liability for a wrong that
a person other than the one wronged has a right to
redress. Examples include liability to a widow in a
wrongful-death action and liability to a corporation
in a shareholder's derivative suit.
enterprise liability. (1941) 1. Liability imposed on each
member of an industry responsible for manufactur
ing a harmful or defective product, allotted by each
manufacturer's market share ofthe industry. -Also
termed industry-wide liability. See market-share
liability. [Cases: Products Liability C='164, 165.] 2.
Criminal liability imposed on a business (such as a
corporation or partnership) for certain offenses, such
as public-welfare offenses or offenses for which the
legislature specifically intended to impose criminal
sanctions. See Model Penal Code  2.07. See public
welfare offense under OFFENSE (1).
fault liability. Liability based on some degree ofblame
worthiness. Also termed fault-based liability. Cf.
strict liability.
joint and several liability. (1819) Liability that may
be apportioned either among two or more parties or
to only one or a few select members of the group, at
the adversary's discretion . Thus, each liable party
is individually responSible for the entire obligation,
but a paying party may have a right of contribution
and indemnity from nonpaying parties. See solidary
liability. [Cases: Contracts (;::> 181; Negligence
484; Torts G-=> 135.)
joint liability. (18c) Liability shared by two or more
parties. [Cases: Negligence C=:::484; Torts
liability in solido. See solidary liability.
liability withoutfault. See strict liability.
limited liability. (1833) Liability restricted by law or
contract; esp., the liability of a company's owners for

liability bond 998
nothing more than the capital they have invested in
the business. [Cases: Corporations C=:::>21S.]
market-share liability. (1980) Liability that is imposed,
usu. severally, on each member ofan industry, based
on each member's share of the market or respective
percentage ofthe product that is placed on the market.
 This theory ofliability usu. applies only in the situ
ation in which a plaintiff cannot trace the harmful
exposure to a particular product, as when several
products contain a fungible substance. For example,
it is sometimes applied to a claim that the plaintiff
was harmed by exposure to asbestos. See enterprise
liability. [Cases: Officers and Public Employees ~':::)
114; Products Liability C=:::> 166; Receivers C=:::> 168.]
official liability. Liability of an officer or receiver for
a breach of contract or a tort committed during the
officer's or receiver's tenure, but not involving any
personal liability.
penal liability. Liability arising from a proceeding
intended at least partly to penalize a wrongdoer. Cf.
remedial liability.
personal liability. (18c) Liability tor which one is per
sonally accountable and for which a wronged party
can seek satisfaction out ofthe wrongdoer's personal
assets.
premises liability. See PREMISES LIABILITY.
primary liability. (1834) Liability for which one is
directly responsible, as opposed to secondary liabil
ity.
products liability. See PRODUCTS LIABILITY.
remedial liability. Liability arising from a proceed
ing whose object contains no penal element . The
two types of proceedings giving rise to this liability
are specific enforcement and restitution. Cf. penal
liability.
secondary liability. (1830) Liability that does not arise
unless the primarily liable party fails to honor its
obligation.
several liability. (1819) Liability that is separate and
distinct from another's liability, so that the plaintiff
may bring a separate action against one defendant
without joining the other liable parties. [Cases: Neg
ligence C=:::>484; Torts
shareholder's liability. 1. The statutory, added, or
double liability of a shareholder for a corporation's
debts, despite full payment for the stock. 2. The lia
bility of a shareholder for any unpaid stock listed as
fully owned on the stock certificate, usu. occurring
either when the shareholder agrees to pay full par
value for the stock and obtains the certificate betore
the stock is paid for, or when partially paid-for stock is
intentionally issued by a corporation as fully paid, the
consideration for it being entirely fictitious. -Also
termed stockholder's liability. [Cases: Corporations
(;:::.21S,
solidary liability (sol-..-dair-ee). Civil law. The liability
of anyone debtor among two or more joint debtors to pay the entire debt if the creditor so chooses. La.
Civ. Code art. 1794. This is equivalent to joint and
several liability in the common law. -Also termed
liability in solido. See joint and several liability. [Cases:
Negligence Torts 13S.)
statutory liability. Liability that is created by a statute
(or regulation) as opposed to common law.
stockholder's liability. See shareholder's liability.
strict liability. (1844) Liability that does not depend
on actual negligence or intent to harm, but that is
based on the breach of an absolute duty to make
something safe . Strict liability most often applies
either to ultrahazardous activities or in products-lia
bility cases. Also termed absolute liability; liability
without fault. Cf. fault liability; OUTCOME RESPON
SIBILITY. [Cases: Negligence (::::>301-307; Products
Liability C=:::> lB.]
tortious liability. Liability that arises from the breach
of a duty that (1) is fixed primarily by the law, (2) is
owed to persons generally, and (3) when breached, is
redressable by an action for unliquidated damages.
vicarious liability (vl-kair-ee- ..s). (1890) Liability that a
supervisory party (such as an employer) bears for the
actionable conduct ofa subordinate or associate (such
as an employee) based on the relationship between the
two parties. See RESPONDEAT SUPERIOR. [Cases: Labor
and Employment C=:::>3026; Negligence C-:;-,483.]
"The vicarious liability of an employer for torts committed
by employees should not be confused with the liability
an employer has for his own torts. An employer whose
employee commits a tort may be liable in his own right
for negligence in hiring or supervising the employee. If
in my business I hire a truck driver who has a record of
drunk driving and on whom one day I detect the smell of
bourbon, I (along with my employee) may be held liable
for negligence if his driving causes injury. But that is not
'vicarious' liability-I am held liable for my own negligence
in hiring that employee or letting him drive after I know he
has been drinking." Kenneth S. Abraham, The Forms and
Functions ofTort Law 166 (2002).
liability bond. See BOND (2).
liability dividend. See scrip dividend under DIVIDEND.
liability in solido. See solidary liability under LIABIL
ITY.
liability insurance. See INSURANCE.
liability limit. Insurance. The maximum amount of
coverage that an insurance company will provide on a
single claim under an insurance policy. -Also termed
limit ofliability; policy limits. [Cases: Insurance
21OS.]
liability without fault. See strict liability under LIABIL
ITY.
liable (h-..-b..l also h-b..l), adj. (lSc) 1. Responsible or
answerable in law; legally obligated. 2. (Of a person)
subject to or likely to incur (a fine, penalty, etc.). Also
termed legally liable. See LIABILITY.
liar's loan. See LOAN.

999
libel (h-bJl), n. (14c) 1. A defamatory statement expressed
in a fixed medium, esp. writing but also a picture,
sign, or electronic broadcast . Libel is classified as
both a crime and a tort but is no longer prosecuted as
a crime. - Also termed defamatory libel. 2. The act of
making such a statement; publication of defamatory
matter by written or printed words, by its embodiment
in physical form or by any other form of communica
tion that has the potentially harmful qualities charac
teristic of written or printed words. See DEFAMATION.
Cf. SLANDER. [Cases: Libel and Slander ~1, 14,25.]
"Ubel is written or visual defamation; slander is oral or
aural defamation." Robert D. Sack & Sandra S. Baron, Ubel,
Slander, and Related Problems  2.3, at 67 (2d ed. 1994).
"The distinction itself between libel and slander is not
free from difficulty and uncertainty. As it took form in the
seventeenth century, it was one between written and oral
words. But later on libel was extended to include pictures,
signs, statues, motion pictures, and even conduct carrying
a defamatory imputation, such as hanging the plaintiff in
effigy, erecting a gallows before his door, dishonoring his
valid check drawn upon the defendant's bank, or even ...
following him over a considerable period in a conspicu
ous manner. From this it has been concluded that libel
is that which is communicated by the sense of Sight, or
perhaps also by touch or smell, while slander is that which
is conveyed by the sense of hearing." W. Page Keeton et aI.,
The Law of Torts  112, at 786 (5th ed. 1984).
criminal libel. At common law, a malicious libel that is
designed to expose a person to hatred, contempt, or
ridicule and that may subject the author to criminal
sanctions. Because ofconstitutional protections of
free speech, libel is no longer criminally prosecuted.
[Cases: Libel and Slander ~141.J
false-implication libel. Libel that creates a