a wife's brother and her husband's sister.
direct affinity.lhe relationship ofa spouse to the other
spouse's blood relatives . An example is a wife and
her husband's brother.
quaSi-affinity. Civil law. The affinity existing between
two persons, one of whom has been engaged to a
relative ofthe other.
secondary affinity. The relationship ofa spouse to the
other spouse's marital relatives. _ An example is a
wife and her husband's sister-in-law.
affinity fraud. See FRAUD.
affirm, vb. (14c) 1. To confirm (a judgment) on appeal.
Sometimes, the verb is used without a direct object <We
affirm>. The equivalent expression in British English
is to deny the appeal. [Cases: Appeal and Error ~
1124-1145; Criminal Law ~ll82; Federal Courts
926.] 2. To solemnly declare rather than swear under
oath. 3. To testify or declare by affirmation.
affirmance, n. (16c) l. A ratification, reacceptance, or
confirmation. [Cases: Contracts ~97, 134.]
"A party who has the power of avoidance may lose it
by action that manifests a willingness to go on with the
contract. Such action is known as 'affirmance' and has
the effect of ratifying the contract. See Restatement of
Restitution  68. The rule stated in this Section is a special
application of that stated in  85, under which a promise
to perform a voidable duty is binding. On ratification, the
affirming party is bound as from the outset and the other
party continues to be bound." Restatement (Second) of
Contracts  380 emt. a (1979).
2. The formal confirmation by an appellate court of
a lower court's judgment, order, or decree. [Cases:
Appeal and Error ~1124-1145; Criminal Law
1182; Federal Courts ~926.] 3. The manifestation of
a choice by someone with the power of avoidance to
treat a voidable or unauthorized transaction as valid or
authorized. 4. The manifestation ofa choice, by one on

68 affirmance day general
whose behalf an unauthorized act has been performed.
to treat the act as authorized. Restatement (Second) of
Agency  83 (1958). affirm, vb.
affirmance day general. See DAY.
affirmant. A person who testifies under affirmation and
not under oath. [Cases: Witnesses C=-227.J
affirmation, n. (lSc) A solemn pledge equivalent to an
oath but without reference to a supreme being or to
swearing; a solemn declaration made under penalty of
perjury, but without an oath. Fed. R. Evid. 603; Fed. R.
Civ. P. 43(b). While an oath is "sworn to," an affir
mation is merely "affirmed," but either type ofpledge
may subject the person making it to the penalties for
perjury. Cf. OATH. [Cases: Oath C=-4; Witnesses
227.] affirm, vb. affirmatory, adj.
affirmative, adj. (15c) 1. Supporting the existence of
certain facts <affirmative evidence>. 2. Involving or
requiring effort <an affirmative duty>.
affirmative action. (1961) A set of actions designed to
eliminate existing and continuing discrimination, to
remedy lingering effects ofpast discrimination, and
to create systems and procedures to prevent future dis
crimination. See reverse discrimination under DISCRIM
1NATION. [Cases: Civil Rights C=-1033(3), 1236.]
affirmative charge. See affirmative instruction under
JURY INSTRUCTION.
affirmative condition. See positive condition under CON
DITION (2).
affirmative converse instruction. See JURY INSTRUC
TION.
affirmative covenant. 1. See COVENANT (1). 2. See
COVENANT (4).
affirmative defense. See DEFENSE (1).
affirmative duty. See DUTY (1).
affirmative easement. See EASEMENT.
affirmative injunction. See mandatory injunction under
INJUNCTION.
affirmative instruction. See JURY INSTRUCTION.
affirmative misconduct. See MISCONDUCT.
affirmative plea. See pure plea under PLEA (3).
affirmative pregnant. (1807) A positive statement that
ambiguously implies a negative; a statement that does
not explicitly deny a charge, but instead answers an
unasked question and thereby implies culpability,
as when a person says "I returned your car yester
day" to the charge "You stole my car!" Cf. NEGATIVE
PREGNANT.
affirmative proof. See PROOF.
affirmative relief. See RELIEF.
affirmative representation. See REPRESENTATION (1).
affirmative servitude. See positive servitude under SER
VITUDE (2).
affirmative statute. See STATUTE.
affirmative testimony. See TESTIMONY. affirmative warranty. See WARRANTY (3).
affirmative waste. See commissive waste under WASTE
(1).
affix (;}-fiks), vb. (16c) 1. To attach, add to, or fasten on
permanently. See FIXTURE. 2. Trademarks. To attach,
physically or functionally, a trademark or service
mark to the goods or services it represents . A mark
must be affixed to show that it is used in trade. Where
phYSical attachment is impossible or impracticable, the
mark may be used on a container or tag, or (esp. with
service marks) displayed prominently in advertising.
[Cases: Trademarks C=-1l42.] -affixation, n. (af-ik
say-shan).
affixus (;}-fik-s;}s). [Latin] Roman law. Affixed or fastened
to.
afforare (af-;}-rair-ee), vb. [Law Latin] To set a price or
value on a thing.
afforce (;}-fors), vb. To strengthen (a jury) by adding new
members.
afforcement (;}-fors-m;mt), n. [Law Latin] Hist. 1. A
reinforcement or fortification; esp., the reinforcing of
a court on a solemn or extraordinary occasion. 2. A
fortress. -Also termed afforciament (a-for-sh;}-mant);
afforciamentum (a-for-shee-;)-men-t;)m).
afforcing the assize. Hist. A method of securing a jury
verdict from a hung jury either by denying food and
drink to the members until they reached a verdict or by
bringing in new jurors until 12 would agree.
afforest, vb. To convert (land) into a forest, esp. by sub
jecting it to forest law. -afforestation, n.
affranchir (a-frahn-sheer). See AFFRANCHISE.
affranchise (;)-fran-chIz), vb. Archaic. To set free; to
liberate from servitude or an obligation. The equiv
alent verb in Law French was affranchir.
affray (a-fray). (14c) The fighting, by mutual consent,
of two or more persons in some public place, to the
terror ofonlookers. The fighting must be mutual. If
one person unlawfully attacks another who resorts to
self-defense, the first is guilty of assault and battery,
but there is no affray. -Also termed fray. Cf. RIOT;
unlawful assembly under ASSEMBLY; ROUT. [Cases:
Criminal Law C=-45.15.]
"An affray differs from a riot, a rout, or an unlawful
assembly in that an affray is not premeditated and in order
to constitute a riot, a rout, or an unlawful assembly at least
three participants are essential, while ... an affray may
be committed by only two. Moreover, an affray is more of
a private nature than a riot." 2A c.j.S. Affrav  3, at 519
(1972).
"The word 'affray' comes from the same source as the word
'afraid,' and the tendency to alarm the community is the
very essence of this offense." Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 479 (3d ed. 1982).
casual affray. See CHANCE-MEDLEY.
mutual affray. See MUTUAL COMBAT.
affrectamentum (a-frek-ta-men-tam). See AFFREIGHT
MENT.

69 against the weight of the evidence
affreightment (d-frayt-m;mt). The contracting ofa ship
to carry cargo. Also termed charter ofaffreightment;
(in French law) affretement; (in Law Latin) affrecta
mentum. See CONTRACT OF AFFREIGHTMENT. [Cases:
Shipping (;:::>104.]
affretement. See AFFREIGHTMENT.
a fine force (ay fIn fors). [Law French] Ofpure neces
sity.
AFIS. abbr. AMERICAN FORCES INFORMATION SERVICE.
AFL-CIO. abbr. AMERICAN FEDERATION OF LABOR AND
CONGRESS OF INDUSTRIAL ORGANIZATIONS.
AF ofM. abbr. AMERICAN FEDERATION OF MUSICIANS.
aforce (ay fors). [Law French] Ofnecessity.
aforce et armes (ay fors et ahr-mis). (Law French] With
force and arms. Also spelled a force et armis. See VI
ET ARMIS.
aforesaid (a-for-sed), adj. (l4c) Mentioned above;
referred to previously. -Also termed aforementioned;
above-mentioned; above-stated; said.
aforethought (d-for-thawt), adj. (I6c) Thought of in
advance; deliberate; premeditated <malice afore
thought>. See MALICE AFORETHOUGHT.
a fortiori (ay for-shee-or- I or ah for-shee-or-ee), adv.
[Latin] (16c) By even greater force oflogic; even more so
<if a 14-year-old child cannot sign a binding contract,
then, a fortiori, a 13-year-old cannot>. Cf. A MULTO
FORTIORI.
African Development Foundation. A nonprofit federal
foundation that supports the self-help efforts of poor
people in African countries by making grants and by
making and guaranteeing loans to any African entity
engaged in peaceful activities that enable African
people to develop more fully. -ADF was created by
the African Development Foundation Act and began
operating in 1984. 22 USCA  290h. -Abbr. ADF.
after-acquired domicile. See DOMICILE.
after-acquired-evidence doctrine. Employment law.
The rule that, if an employer discharges an employee
for an unlawful reason and later discovers misconduct
sufficient to justify a lawful discharge, the employee
cannot win reinstatement. _ The doctrine either shields
the employer from liability or limits the available relief
when, after an employee has been terminated, the
employer learns for the first time that the employee
engaged in wrongdOing that would have resulted in
a discharge anyway. McKennon v. Nashville Banner
Publ'g Co., 513 U.S. 352, US S.Ct. 879 (1995). [Cases:
Labor and Employment (;:::>855.]
after-acquired property. 1. Secured transactions. A
debtor's property that is acquired after a security trans
action and becomes additional security for payment
of the debt. UCC  9-204. -Also termed future
acquired property. [Cases: Secured Transactions
13,116.] 2. Bankruptcy. Property that the bankruptcy
estate acquires after commencement ofthe bankruptcy
proceeding. 11 USCA  541(a)(7). [Cases: Bankruptcy (;:::>2558.] 3. Wills & estates. Property acqUired by a
person after making a will. -The old rule was that a
testamentary gift ofpersonal property spoke at the time
ofthe testator's death, whereas a gift oflands spoke
from the date of the will's execution (so that after
acquired property was not disposed of), but this has
been changed by legislation in most states. (Cases: Wills
(;:::>8, 578.]
after-acquired-property clause. A mortgage provision
that makes any later-acquired real estate subject to the
mortgage. [Cases: Mortgages (;:::> 131.]
after-acquired title. See TITLE (2).
after-acquired-title clause. Oil & gas. A provision in
an oil-and-gas lease extending the lease's coverage to
include any interest in the property that the lessor may
obtain after the lease is signed. - A common formula
tion is "This lease covers all the interest now owned by
or hereafter vested in the lessor ...." [Cases: Mines and
Minerals (;:::>73.1.]
after-acquired-title doctrine. (1940) The principle that
title to property automatically vests in a person who
bought the property from a seller who acquired title
only after purporting to sell the property to the buyer.
[Cases: Vendor and Purchaser (;:::>8,66.]
afterborn child. See CHILD.
afterborn heir. See HEIR.
aftercare. See juvenile parole under PAROLE.
after cost. See COST (1).
aftermarket. See secondary market under MARKET.
after the fact. (16c) Subsequent to an event oflegal sig
nificance <accessory after the fact>.
AFTRA. abbr. AMERICAN FEDERATION OF TELEVISION
AND RADIO ARTISTS.
AG. abbr. (1889) ATTORNEY GENERAL.
against the form of the statnte. (16c) Contrary to the
statutory requirements. -This formal phrase, which
traditionally concludes an indictment, indicates that
the conduct alleged contravenes the cited statute and
there


which
traditionally concludes an indictment, indicates that
the conduct alleged contravenes the cited statute and
therefore constitutes a criminal offense. In modern
contexts, the full conclusion often reads: "against the
form of the statute in such case made and provided."
The phrase is a translation of the Law Latin contra
formam statuti. [Cases: Indictment and Information
(;:::>32(4).]
againstthe peace and dignity ofthe state. (18c) A con
cluding phrase in an indictment, used to condemn the
offending conduct generally (as opposed to the specific
charge of wrongdoing contained in the body of the
instrument). -This phrase derives from the Law Latin
contra pacem domini regis Cagainst the peace of the lord
the king"), a charging phrase formerly used in indict
ments and in civil actions oftrespass. Cf. KING'S PEACE.
[Cases: Indictment and Information (;:::>32(3).]
against the weight ofthe evidence. (I8c) (Of a verdict or
judgment) contrary to the credible evidence; not suf

70 against the will
ficiently supported by the evidence in the record. See
WEIGHT OF THE EVIDENCE.
against the will. (1Sc) Contrary to a person's wishes .
Indictments use this phrase to indicate that the defen
dant's conduct was without the victim's consent
agalma (~-gal-m~). [Greek] A figure or design on a seaL
agard (~-gahrd). [Law French] An award. See NUL FAIT
AGARD.
agarder (ah-gahr-day), vb. [Law French] To award,
adjudge, or determine; to sentence or condemn.
age, n. (Be) A period oftime; esp., a period ofindivid
ual existence or the duration of a person's life . In
American usage, age is stated in full years completed
(so that someone 15 years ofage might actually be 15
years and several months old). State statutes define
various types ofages, as shown in the subentries.
age ofcapacity. (1847) The age, usu. defined by statute
as 18 years, at which a person is legally capable of
agreeing to a contract, maintaining a lawsuit, or the
like. A person may be authorized to make certain
critical personal decisions at an earlier age than the
general age ofcapacity, such as the decision whether
to bear a child, to donate blood, to obtain treatment
for sexually transmitted diseases, to marry, or to write
a will. The age ofcapacity to write a will is typically
not 18, but 14. Also termed age ofmajority; legal
age; lawful age. See CAPACITY (2). [Cases: Infants C=>
1,2.]
age ofconsent. (16c) The age, usu. defined by statute
as 16 years, at which a person is legally capable of
agreeing to marriage (without parental consent) or
to sexual intercourse . Ifa person over the age of
consent has sexual intercourse with a person under
the age ofconsent, the older person may be prosecuted
for statutory rape regardless ofwhether the younger
person consented to the act. See statutory rape under
RAPE. [Cases: Infants Marriage C=>19.]
age ofcriminal responsibility. The age at which a
child may be held responsible for a criminal act.  In
American criminal law, some state statutes allow a
child as young as 7 to be held responsible (as a juvenile)
for some acts. See, e.g., N.D. Cent. Code  12.1-04-01.
The minimum age for imposing adult liability is as
low as 10. See, e.g., Ind. Code Ann.  31-30-3-4(3). But
in some circumstances, at least one state allows an
offender to be tried as an adult at any age. See, e.g.,
Mich. Compo Laws Ann.  712A.2d. [Cases: Marriage
19; Rape
age ojdiscretion. 1. The age at which a person is con
sidered responsible for certain acts and competent to
exercise certain powers. -For example, a person must
be a legal adult to be eligible to serve a summons. 2.
PUBERTY.
age ofmajority. (16c) 1. The age, usu. defined by statute
as 18 years, at which a person attains full legal rights,
esp. civil and political rights such as the right to vote.
 The age of majority must be the same for men and women. In almost all states today, the age ofmajority
is 18, but the age at which a person may legally
purchase and consume alcohol is 21. -Also termed
lawful age; legal age. 2. See age ofcapacity. -Also
termed (in both senses) full age. [Cases: Child Support
Infants Parent and Child C=> 16.]
age ofreason. (1884) The age at which a person becomes
able to distinguish right from wrong and is thus legally
capable of committing a crime or tort. _ The age of
reason varies from jurisdiction to jurisdiction, but 7
years is traditionally the age below which a child is
conclUSively presumed not to have committed a crime
or tort, while 14 years is uSU. the age below which a
rebuttable presumption applies. A child of 14 or older
has traditionally been considered legally competent
to commit a crime and therefore held accountable.
With the creation ofjuvenile courts and their inves
titure ofdelinquency jurisdiction over children from
birth to age 18, these traditional distinctions have
nearly vanished. They surface from time to time in
murder cases when a juvenile court considers whether
to certify or transfer a very young child for trial in
criminal court or when a prosecutor seeks to bypass
the juvenile court by filing criminal charges against
a young child. [Cases: Infants C=>S9, 66.J
drinking age. The age at which it is legal to purchase
and consume alcoholic beverages in a given jurisdic
tion. [Cases: Intoxicating Liquors C=> 159.]
fighting age. The age at which a person becomes eligible
to serve in (or liable to conscription into) a military
unit. [Cases: Armed Services C=>17,20.4(1).]
full age. See age ofmajority.
lawful age. 1. See age ofcapacity. 2. See age ofmajority
(1).
legal age. 1. See age ofcapacity. 2. See age ofmajority
(1).
age discrimination. See DISCRIMINATION.
Age Discrimination in Employment Act. A federal law
prohibiting job discrimination based on a person's age,
esp. unfair and discriminatory employment decisions
that negatively affect someone who is 40 years old or
older. 29 USCA  621-634. Passed in 1967, the Act
applies to businesses with more than 20 employees and
to all governmental entities. -Abbr. ADEA. [Cases:
Civil Rights C=> 1199.]
agency. (17c) 1. A fiduciary relationship created by
express or implied contract or by law, in which one
party (the agent) may act on behalfof another party
(the principal) and bind that other party by words
or actions. See AUTHORITY (1). [Cases: Principal and
Agent
"The basic theory of the agency device is to enable a
person, through the services of another, to broaden the
scope of his activities and receive the product of another's
efforts, paying such other for what he does but retaining
for himself any net benefit resulting from the work per
formed." Harold Gill Reuschlein & William A. Gregory, The
Law ofAgency and Partnership  1, at 3 (2d ed. 1990).

71 agency
actual agency. (1835) An agency in which the agent is
in fact employed by a principaL [Cases: Principal and
Agent (;::>96, 99.]
agency by estoppel. (1882) An agency created by opera
tion oflaw and established by a principal's actions
that would reasonably lead a third person to conclude
that an agency exists. Also termed apparent agency;
ostensible agency; agency by operation oflaw. [Cases:
Principal and Agent (;::>25(3), 137.]
agency by necessity. See agency ofnecessity.
agency by operation oflaw. See agency by estoppel.
agency coupled with an interest. (1844) An agency in
which the agent is granted not only the power to act
on behalf of a principal but also a legal interest in
the estate or property involved . This type ofagency
is irrevocable before the interest expires, unless the
parties agree otherwise when creating the interest.
The agency survives even if the principal becomes
insane or dies. See power coupled with an interest
under POWER (3). [Cases: Principal and Agent (;::>
34,43(2).]
agency from necessity. See agency ofnecessity.
agency in fact. An agency created voluntarily, as by a
contract.  Agency in fact is distinguishable from an
agency relationship created by law, such as agency by
estoppel. [Cases: Principal and Agent (;::>8.]
agency ofnecessity. An agency arising during an emer
gency that necessitates the agent's acting without
authorization from the principal; the relation between
a person who in exigent circumstances acts in the
interest ofanother without being authorized to do
so. It is a quasi-contractual relation formed by the
operation oflegal rules and not by the agreement of
the parties. Also termed agency from necessity;
agency by necessity. See NEGOTIORUM GESTIO. [Cases:
Principal and Agent 99.]
. apparent agency. See agency by estoppel.
exclusive agency. (1805) The right to represent a prin
cipal -esp. either to sell the principal's products
or to act as the seller's real-estate agent -within a
particular market free from competition . Strictly
speaking, an exclusive agency merely excludes all
other brokers, but not the owner, from selling the
products or property. Also termed exclusive
agency to sell; exclusive franchise; sole selling agency.
Cf. EXCLUSIVE RIGHT OF SALE.
"Contracts involving the element of exclusive agency gen
erally fall into three classes: (1) where the contract does not
prevent the principal from making direct sales but deprives
him of the right to appoint other agents; (2) where the
agent is the only one with any right to sell; and (3) where
the exclusive agency is accompanied with a stipulated right
to commissions on all sales whether made through the
agent or not." 3 Am.Jur. 2d Agency 268, at 768 (1986).
express agency. (18c) An actual agency arising from the
principal's written or oral authorization ofa person to
act as the principal's agent. Cf. implied agency. [Cases:
Principal and Agent (;::>14(1), 99.] financing agency. A bank, finance company, or other
entity that in the ordinary course of business (1)
makes advances against goods or documents oftitle,
or (2) by arrangement with either the seller or the
buyer intervenes to make or collect payment due or
claimed under a contract for sale, as by purchasing or
paying the seller's draft, making advances against it,
or taking it for collection, regardless of whether docu
ments of title accompany the draft. VCC  2-102(a)
(20).
general agency. (18c) A principal's delegation to an
agent, without restriction, to take any action con
nected with a particular trade, business, or employ
ment. -Also termed universal agency. [Cases:
Principal and Agent (;::>93.]
implied agency. (18c) An actual agency arising from
the conduct by the principal that implies an intention
to create an agency relationship. Cf. express agency.
[Cases: Principal and Agent C::::'J 14(1),99.]
ostensible agency. See agency by estoppel.
special agency. (1808) An agency in which the agent
is authorized only to conduct a single transaction
or a series oftransactions not involving continuous
service. [Cases: Principal and Agent (;::>94.]
undisclosed agency. (1871) An agency relationship in
which an agent deals with a third party who has no
knowledge that the agent is acting on a principal's
behalf . The fact that the agency is undisclosed does
not prohibit the third party from seeking redress from
the principal or the agent. [Cases: Principal and Agent
(;::>138-146.]
universal agency. See general agency.
2. An agent's place of business. 3. A governmental
body with the authority to implement and administer
particular legislation. -Also termed (in sense 3) gov
ernment agency; administrative agency; public agency;
regulatory agency. [Cases: Administrative Law and Pro
cedure (;::> 1Ol.]
federal agency. (1859) A department or other instru
mentality ofthe executive branch of the federal gov
ernment, including a government corporation and
the Government Printing Office . The Administra
tive Procedure Act defines the term agency negatively
as being any U.S. governmental authority that does
not include Congress, the courts, the government
of the District of Columbia, the government of any
territory or possession, courts-martial, or military
authority. 5 VSCA  551. 1he caselaw on this defini
tion focuses on authority: generally, an entity is an
agency ifit has authority to take binding action. Other
federal statutes define agency to include any executive
department, government corporation, government
controlled corporation, or other establishment in the
executive branch, or federal regulatory board. [Cases:
Administrative Law and Procedure (;::> 101; United
States (;::>30.]
independent agency. (1902) A federal agency, commis
sion, or board that is not under the direction of the

72 agency adjudication
executive, such as the Federal Trade Commission or
the National Labor Relations Board. -Also termed
independent regulatory agency; independent regula
tory commission. [Cases: United States C=>29.]
local agency. A political subdivision ofa state . Local
agencies include count


Cases: United States C=>29.]
local agency. A political subdivision ofa state . Local
agencies include counties, cities, school districts,
etc.
quasi-governmental agency. (1904) A government
sponsored enterprise or corporation (sometimes
called a government-controlled corporation), such as
the Federal National Mortgage Corporation. [Cases:
United States C=>53.]
state agency. An executive or regulatory body ofa state.
 State agencies include state offices, departments,
divisions, bureaus, boards, and commissions. -Also
termed state body. [Cases: States C=>45.]
agency adjudication. See ADMINISTRATIVE PROCEED
ING.
agency adoption. See ADOPTION.
Agency for Healthcare Research and Quality. An agency
in the U.S. Department ofHealth and Human Services
responsible for conducting research into improving the
quality of health care, reducing its cost, and broadening
access to essential healthcare services.
Agency for International Development. See UNITED
STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.
Agency for Toxic Substances and Disease Registry. An
agency in the U.S. Department of Health and Human
Services responsible for evaluating the impact on public
health of the release of hazardous substances into the
environment, for maintaining a registry of contami
nated waste sites, and for conducting research on the
effects of hazardous substances on human health. -
Abbr. ATSDR. [Cases: Environmental Law C=>436.]
agency jurisdiction. See JURISDICTION.
agency records. Under the Freedom ofInformation Act,
documents that are created or obtained by a govern
ment agency, and that are in the agency's control at the
time the information request is made. 5 USCA  552;
United States Dep't ofJustice v. Tax Analysts, 492 U.S.
136, 109 S.Ct. 2841 (1989). [Cases: Records C=>54.]
agency regulation. See REGULATION (3).
agency security. See government security under
SECURITY.
agency shop. See SHOP.
agency-shop membership. See FINANCIAL-CORE MEM
BERSHIP.
agenda. A list of things to be done, as items to be con
sidered at a meeting, usu. arranged in order ofconsid
eration. -Also termed calendar; calendar ofbusiness;
order ofbusiness. Cf. PROGRAM (1).
action agenda. See action calendar under CALENDAR
(4).
consent agenda. See consent calendar under CALENDAR
(4). debate agenda. See debate calendar under CALENDAR
(4).
final agenda. An agenda that a deliberative assembly
has adopted, or that has been adopted for a delib
erative assembly by an officer or board charged with
setting such an agenda.
proposed agenda. An agenda offered, usu. with the
notice calling the meeting that the agenda covers,
for a deliberative assembly's consideration. -Also
termed tentative agenda.
report agenda. See report calendar under CALENDAR
(4).
special-order agenda. See special-order calendar under
CALENDAR (4).
tentative agenda. See proposed agenda.
unanimous-consent agenda. See consent calendar
under CALENDAR (4).
agens (ay-jenz). [Latin] 1. One who acts or does an act;
an agent. Cf. PATIENS. 2. A plaintiff.
agent. (15c) 1. Something that produces an effect
<an intervening agent>. See CAUSE (1); ELECTRONIC
AGENT. 2. One who is authorized to act for or in place
of another; a representative <a professional athlete'S
agent>. -Also termed commissionaire. Cf. PRINCIPAL
(1); EMPLOYEE. [Cases: Principal and Agent C=> 1,3.]
"Generally speaking, anyone can be an agent who is in
fact capable of performing the functions involved. The
agent normally binds not himself but his principal by the
contracts he makes; it is therefore not essential that he be
legally capable to contract (although his duties and liabili
ties to his principal might be affected by his status). Thus
an infant or a lunatic may be an agent, though doubtless
the court would disregard either'S attempt to act as if he
were so young or so hopelessly devoid of reason as to
be completely incapable of grasping the function he was
attempting to perform." Floyd R. Mechem, Outlines of the
Law ofAgency 8-9 (Philip Mechem ed., 4th ed. 1952).
"The etymology of the word agent or agency tells us much.
The words are derived from the Latin verb, ago, ague; the
noun agens, agentis. The word agent denotes one who
acts, a doer, force or power that accomplishes things."
Harold Gill Reuschlein & William A. Gregory, The Law of
Agency and Partnership  I, at 2-3 (2d ed. 1990).
apparent agent. (1823) A person who reasonably
appears to have authority to act for another, regard
less of whether actual authority has been conferred.
Also termed ostensible agent. [Cases: Principal and
Agent C=>99.]
bail-enforcement agent. See BOUNTY HUNTER.
bargaining agent. A labor union in its capacity ofrep
resenting employees in collective bargaining. [Cases:
Labor and Employment C=> 1160.]
broker-agent. See BROKER.
business agent. See BUSINESS AGENT.
clearing agent. Securities. A person or company acting
as an intermediary in a securities transaction or pro
viding facilities for comparing data regarding securi
ties transactions . The term includes a custodian of
securities in connection with the central handling

73 agent
of securities. Securities Exchange Act  3(a)(23)(A)
(15 USCA  78c(a)(23)(A. -Also termed clearing
agency. [Cases: Securities Regulation (::::>60.32,
185.16.]
closing agent. See settlement agent.
co-agent. A person who shares with another agent the
authority to act for the principal. -Also termed dual
agent. Cf. common agent.
commercial agent. 1. BROKER. 2. A consular officer
responsible for the commercial interests ofhis or her
country at a foreign port. 3. See mercantile agent.
common agent. An agent who acts on behalfof more
than one principal in a transaction. Cf. co-agent.
corporate agent. (1819) An agent authorized to act on
behalf of a corporation; broadly, all employees and
officers who have the power to bind the corporation.
[Cases: Corporations (::::>397-399.]
county agent. See juvenile officer under OFFICER (1).
del credere agent (delkred-d-ray or kray-dd-ray). (1822)
An agent who guarantees the solvency of the third
party with whom the agent makes a contract for the
principal. _ A del credere agent receives possession of
the principal's goods for purposes ofsale and guaran
tees that anyone to whom the agent sells the goods on
credit will pay promptly for them. For this guaranty,
the agent receives a higher commission for sales. The
promise of such an agent is almost universally held
not to be within the statute offrauds. -Also termed
del credere factor. [Cases: Factors (::::>29.]
diplomatic agent. A national representative in one
of four categories: (1) ambassadors, (2) envoys and
ministers plenipotentiary, (3) ministers resident
accredited to the sovereign, or (4) charges d'affaires
accredited to the minister offoreign affairs. [Cases:
Ambassadors and Consuls (::::> 1-8.]
double agent. See dual agent (2).
dual agent. 1. See co-agent. 2. An agent who repre
sents both parties in a single transaction, esp. a buyer
and a seller. Also termed (in sense 2) double agent.
[Cases: Brokers (::::>32.]
emigrant agent. One engaged in the business ofhiring
laborers for work outside the country or state.
enrolled agent. See ENROLLED AGENT.
escrow agent. The third-party depositary ofan escrow;
ESCROW (3). -Also termed escrow holder; escrowee;
escrow officer. [Cases: Deposits and Escrows (::::> 13.]
fiscal agent. A bank or other financial institution that
collects and disburses money and services as a deposi
tory ofprivate and public funds on another's behalf.
foreign agent. A person who registers with the federal
government as a lobbyist representing the interests of
a foreign nation or corporation.
forwarding agent. 1. See FREIGHT FORWARDER. 2. A
freight-forwarder who assembles less-than-carload
shipments (small shipments) into carload shipments, thus taking advantage oflawer freight rates. [Cases:
Carriers (::::>178.]
general agent. (17c) An agent authorized to transact
all the principal's business of a particular kind or
in a particular place. _ Among the common types
ofgeneral agents are factors, brokers, and partners.
[Cases: Insurance (::::> 1634(2); Principal and Agent
(::::>93.]
"Although the distinction between general and special
agents can be difficult to apply, the terminology is some
times used by courts and the distinction plays a major
role in the Restatement of Agency. A general agent ... is
an integral part of the principal's business and does not
need fresh authorization for each separate transaction.
A manager of a store is an example of a general agent."
J. Dennis Hynes, Agency, Partnership, and the LLC in a
Nutshell21 (1997).
government agent. (1805) 1. An employee or repre
sentative of a governmental body. [Cases: United
States (::::> 36.] 2. A law-enforcement official, such
as a police officer or an FBI agent. 3. An informant,
esp. an inmate, used by law enforcement to obtain
incriminating statements from another inmate.
An accused's Sixth Amendment right to counsel is
triggered when the accused is questioned by a gov
ernment agent.
high-managerial agent. An agent of a corporation or
other business, having authority to formulate corpo
rate policy or supervise employees. Also termed
superior agent.
independent agent. (17c) An agent who exercises
personal judgment and is subject to the principal
only for the results of the work performed. Cf. non
servant agent.
innocent agent. (1805) Criminal law. A person whose
action on behalf of a principal is unlawful but does not
merit prosecution because the agent had no knowl
edge of the principal's illegal purpose; a person who
lacks the mens rea for an offense but who is tricked or
coerced by the principal into committing a crime.
Although the agent's conduct was unlawful, the agent
might not be prosecuted if the agent had no knowl
edge ofthe principal's illegal purpose. The principal
is legally accountable for the innocent agent's actions.
See Model Penal Code  2.06(2)(a). [Cases: Criminal
Law (::::>59(4).]
insurance agent. See INSURANCE AGENT.
jural agent. See rURAL AGENT.
land agent. See LAND MANAGER.
listing agent. (1927) The real-estate broker'S representa
tive who obtains a listing agreement with the owner.
Cf. selling agent. [Cases: Brokers
local agent. An agent appointed to act as another's (esp.
a company's) representative and to transact business
within a specified district. [Cases: Principal and
Agent (::::>1, 50.]
managing agent. (1812) A person with general power
involVing the exercise of judgment and discretion,
as opposed to an ordinary agent who acts under the

agent 74
direction and control of the principal. -Also termed
business agent. [Cases: Principal and Agent C=>50.]
mercantile agent. An agent employed to sell goods
or merchandise on behalf of the principal. -Also
termed commercial agent.
nonservant agent. An agent who agrees to act on the
principal's behalf but is not subject to the principal's
control over how the task is performed. A princi
pal is not liable for the physical torts ofa non servant
agent. See INDEPENDENT CONTRACTOR. Cf. indepen
dent agent; SERVANT. [Cases: Principal and Agent C=>
1.]
ostensible agent. See apparent agent.
patent agent. A specialized legal professional -not
necessarily a licensed lawyer -who prepares and
prosecutes patent applications before the Patent and
Trademark Office. Patent agents must be licensed
by the Patent and Trademark Office. -Also termed
patent solicitor; registered patent agent. [Cases: Patents
C=>97.]
primary agent. An agent who is directly authorized
by a principal.  A primary agent generally may hire
a subagent to perform all or part of the agency. Cf.
subagent. [Cases: Principal and Agent C=> 1.]
private agent. An agent acting for an individual in that
person's private affairs. [Cases: Principal and Agent
C=>92(3).]
process agent. (1886) A person authorized to accept
service of process on behalf of another. [Cases: Cor
porations C=>668(4); Federal Civil Procedure C=>500,
503; Process C=>58.]
procuring agent. A person who obtains drugs on behalf
of another person and delivers the drugs to that
person. In criminal-defense theory, the procuring
agent does not sell, barter, exchange, or make a gift
of the drugs to the other person because the drugs
already belong to that person, who merely employs
the agent to pick up and deliver them. [Cases: Con
trolled Substances C=>47.]
public agent. A person appointed to act for the public
in matters pertaining to governmental administra
tion or public business. [Cases: Officers and Public
Employ


the public
in matters pertaining to governmental administra
tion or public business. [Cases: Officers and Public
Employees C=> 1.]
real-estate agent. An agent who represents a buyer or
seller (or both, with proper disclosures) in the sale
or lease ofreal property . A real-estate agent can be
either a broker (whose principal is a buyer or seller)
or a salesperson (whose principal is a broker). Cf.
REALTOR. [Cases: Brokers C=>6.]
record agent. See INSURANCE AGENT.
registered agent. (1809) A person authorized to accept
service of process for another person, esp. a corpo
ration, in a particular jurisdiction. -Also termed
resident agent. [Cases: Corporations C=>507(5),
668(4); Federal Civil Procedure C=>444, 498, 499;
Process C=>58.] selling agent. (1839) The real-estate broker'S represen
tative who sells the property, as opposed to the agent
who lists the property for sale. Cf. LISTING AGENT.
[Cases: Brokers C=> 18.]
settlement agent. An agent who represents the pur
chaser or buyer in the negotiation and closing of a
real-property transaction by handling financial cal
culations and transfers of documents. -Also termed
closing agent. See also settlement attorney under
ATTORNEY. [Deposits and Escrows C=> 13.]
soliciting agent. 1. Insurance. An agent with limited
authority relating to the solicitation or submission
of applications to an insurance company but usu.
without authority to bind the insurer, as by accept
ing the applications on behalf of the company. [Cases:
Insurance C=>1634(3).] 2. An agent who solicits orders
for goods or services for a principal. 3. A managing
agent of a corporation for purposes of service of
process. [Cases: Corporations C=>668(5).]
special agent. 1. An agent employed to conduct a par
ticular transaction or to perform a specified act.
[Cases: Principal and Agent C=>94.] 2. See INSUR
ANCEAGENT.
specially accredited agent. An agent with whom a third
person has been specially invited to deal by the prin
cipal under circumstances leading the third person to
believe that he or she will be notified ifthe authority
is altered or revoked.
statutory agent. (1844) An agent deSignated by law to
receive litigation documents and other legal notices
for a nonresident corporation . In most states, the
secretary of state is the statutory agent for such cor
porations. [Cases: Corporations C=>507(5, 12),646,
668(14).]
stock-transfer agent. An organization that oversees
and maintains records of transfers ofshares for a cor
poration. [Cases: Corporations C=> 128.1.]
subagent. A person to whom an agent has delegated
the performance ofan act for the principal; a person
designated by an agent to perform some duty relating
to the agency . Ifthe principal consents to a primary
agent's employment of a subagent, the subagent owes
fiduciary duties to the principal, and the principal is
liable for the subagent's acts. Cf. primary agent.
Also termed subservant. [Cases: Principal and Agent
C=>73.]
"By delegation ... the agent is permitted to use agents
of his own in performing the function he is employed to
perform for his principal, delegating to them the discretion
which normally he would be expected to exercise person
ally. These agents are known as subagents to indicate that
they are the agent's agents and not the agents of the prin
cipal. Normally (though of course not necessarily) they are
paid by the agent. The agent is liable to the principal for
any injury done him by the misbehavior of the agent's sub
agents." Floyd R. Mechem, Outlines of the Law ofAgency
 79, at 51 (Philip Mechem ed., 4th ed. 1952).
successor agent. An agent who is appointed by a prin
cipal to act in a primary agent's stead if the primary
agent is unable or unwilling to perform.

75 aggravating factor
superior agent. See high-managerial agent.
transfer agent. An organization (such as a bank or
trust company) that handles transfers ofshares for a
publicly held corporation by issuing new certificates
and overseeing the cancellation of old ones and that
usu. also maintains the record ofshareholders for the
corporation and mails dividend checks . Generally,
a transfer agent ensures that certificates submitted
for transfer are properly indorsed and that the right
to transfer is appropriately documented. [Cases: Cor
porations ~128.1.]
undercover agent. (1930) 1. An agent who does not
disclose his or her role as an agent. 2. A police officer
who gathers evidence ofcriminal activity without dis
closing his or her identity to the suspect.
universal agent. (l8c) An agent authorized to perform
all acts that the principal could personally perform.
[Cases: Principal and Agent ~50.]
vice-commercial agent. Hist. In the consular service
ofthe United States, a consular officer who was sub
stituted temporarily to fill the place of a commer
cial agent who was absent or had been relieved from
duty.
3. Patents. A person who is not an attorney but who has
fulfilled the U.S. Patent and Trademark Office require
ments as a lay representative and is registered to prepare
and prosecute patent applications before the PTO .
To be registered to practice before the PTO, a candi
date must establish mastery ofthe relevant technology
(by holding a specified technical degree or equivalent
training) in order to advise and assist patent applicants.
The candidate must also pass a written examination
(the "Patent Bar") that tests knowledge of patent law
and PTO procedure. -Also termed patent agent. Cf.
PATENT ATTORNEY. [Cases: Patents ~97.]
agent not recognized. Patents. A patent applicant's
appointed agent who is not registered to practice
before the U.S. Patent and Trademark Office . A
power ofattorney appointing an unregistered agent
is void.
associate agent. An agent who is registered to practice
before the U.S. Patent and Trademark Office, has been
appointed by a principal agent, and is authorized to
prosecute a patent application through the filing ofa
power ofattorney . An associate agent is often used
by outside counsel to assist in-house counsel.
agent provocateur (ay-jant pra-vok-a-t,}r or a-zhawn
praw-vaw-ka-tuur), n. (1877) 1. An undercover agent
who instigates or participates in a crime, often by infil
trating a group suspected ofillegal conduct, to expose
and punish criminal activity. 2. A person who entraps
another, or entices another to break the law, and then
informs against the other as a lawbreaker.
agent's lien. See LIEN.
agent's power. See POWER (3).
age ofcapacity. See AGE.
age ofconsent. See AGE. age ofcriminal responsibility. See AGE.
age ofdiscretion. See AGE.
age ofmajority. See AGE.
age ofreason. See AGE.
ager (ay-jar), n. [Latin] Roman law. Land or territory;
esp., a portion of land enclosed by definite boundar
ies.
ager arcifinius (ay-jar ahr-si-fin-ee-as). [Latin "land
having irregular boundaries; unsurveyed land"]
Roman law. Land enclosed only as a means of iden
tification, not as a limit. PI. agri arcifinii. Cf. ager
limitatus.
ager limitatus (ay-jar lim-i-tay-tas). [Latin "field
limited" or "land enclosed by boundaries"] Roman
& civil law. Land with settled boundaries; esp., land
whose boundaries have been fixed by a surveyor .
The term applied to land belonging to the state by
right of conquest, then granted and sold in individual
plots. Cf. ager arcifinius. Pl. agri limitaU (ag-n lim
i-tay-tI).
"The agri limitati of the Roman law were lands detached
from the public domain, and converted into private
property, by sale or grant, beyond the limits of which the
owners could claim nothing." John Trayner, Trayner's Latin
Maxims 36 (4th ed. 1894).
ager publicus (ay-jar pab-li-kas). Land of the people;
public land.
aggravated, adj. (17c) 1. (Of a crime) made worse or more
serious by circumstances such as violence, the presence
of a deadly weapon, or the intent to commit another
crime <aggravated robbery>. Cf. SIMPLE (1). 2. (Of a
tort) made worse or more serious by circumstances
such as intention to cause harm or reckless disregard
for another's safety <the defendant's negligence was
aggravated by malice>. [Cases: Negligence ~272-
276.] 3. (Of an injury) harmful to a part of the body
previously injured or debilitated <an aggravated bone
fracture>. See AGGRAVATION RULE. [Cases: Damages
(;::::;;;58.]
aggravated arson. See ARSON.
aggravated assault. See ASSAULT.
aggravated battery. See BATTERY.
aggravated damages. See punitive damages under
DAMAGES.
aggravated kidnapping. See KIDNAPPING.
aggravated larceny. See LARCENY.
aggravated misdemeanor. See serious misdemeanor
under MISDEMEANOR.
aggravated robbery. See ROBBERY.
aggravated sodomy. See SODOMY.
aggravating circumstance. See CIRCUMSTANCE.
aggravating element. See aggravating circumstance
under CIRCUMSTANCE.
aggravating factor. See aggravating circumstance under
CIRCUMSTANCE.

76
aggravation. 1. The fact of being increased in gravity
or seriousness. 2. Eccles. law. A censure threatening
the recipient with an increase in the penalties associ
ated with excommunication, usu. because the recipi
ent disregarded an earlier sentence . For example, a
person who spurned a sentence of excommunication
might be subjected to an anathema (a formal ban or
curse). aggravate, vb.
aggravation rule. Workers' compensation. The principle
that when an on-the-job injury combines with a pre
existing injury, resulting in a greater disability than
that which would have resulted from the on-the-job
injury alone, the entire disability is compensable as if
it had occurred at work. [Cases: Workers' Compensa
tion (;::;:)552.]
aggravator. 1. One who commits a crime with an aggra
vating circumstance. [Cases: Sentencing and Punish
ment C=>S3, 1652.] 2. See aggravating circumstance
under CIRCUMSTANCE. Cf. MITIGATOR.
aggregate (ag-ra-git), adj. (15c) Formed by combining
into a Single whole or total <aggregate income>.
aggregately, adv.
aggregate (ag-rd-git), n. An assemblage of particulars;
an agglomeration <aggregate ofinterests>.
aggregate (ag-rd-gayt), vb. To collect into a whole <aggre
gate the claims>.
aggregate concept. Tax. An approach to taxing business
organizations whereby an organization is viewed as a
collection of its individual owners, not as a separate
taxable entity. [Cases: Internal Revenue C=>3879;
Taxation C=>3485.]
aggregate corporation. See CORPORATION.
aggregate demand. See DEMAND (4).
aggregate income. See INCOME.
aggregate sentence. See SENTENCE.
aggregate supply. See SUPPLY.
aggregate theory ofpartnership. (1913) The theory that
a partnership does not have a separate legal existence
(as does a corporation), but rather is only the totality
ofthe partners who compose it. Cf. ENTITY THEORY OF
PARTNERSHIP. [Cases: Partnership C=>63.]
aggregatio mentium (ag-ra-gay-shee-oh men-shee-dm).
[Latin "gathering together ofminds"] See MEETING OF
THE MINDS.
aggregation. Patents. 1. A set ofparts that do not cooper
ate in structure or function, and are therefore unpatent
able as an invention; the opposite ofa combination.
[Cases: Patents C=>25.] 2. Hist. A patent examiner's
label for a claimed invention that mayor may not be a
patentable combination but whose claims do not clearly
explain how the parts cooperate to produce a new or
unexpected result . As a term ofart, aggregation lost
its usefulness when it was replaced by a statutory test
in  103 ofthe Patent Act of1952. -Also termed jux
taposition. Cf. COMBINATION (4). "I think of a football team as a combination; one passes,
one receives, another runs, and still others hold the line.
Eleven men are dOing different things, each in his own way,
and not always simultaneously; yet they are working to a
common end, to advance the ball; and they coact as a unit.
I think of a track team as an aggregation; one runs, another
hurdles, another jumps, another throws. They all work for
a common general end, to amass points for their alma
mater; but there is lacking the vital spark of cooperation or
coordination. They work, not as one unit, but as several."
Skinner v. Oil, 54 F.2d 896, 898-99 (10th Or. 1931).
'The mere combining of old machine parts, each operat
ing in the old way and accomplishing the old result, is an
aggregation, and hence unpatentable; whereas, if a new
result be produced by the joint action of the elements,
and if such a result be not the mere adding together of the
contributions of the separate elements, then there exists
a patentable combination." Roger Sherman Hoar, Patent
Tactics and the Law


the separate elements, then there exists
a patentable combination." Roger Sherman Hoar, Patent
Tactics and the Law 38 (3d ed. 1950).
aggregation doctrine. (1942) 1. The rule that precludes a
party from totaling all claims for purposes ofmeeting
the minimum amount necessary to give rise to federal
diversity jurisdiction under the amount-in-controversy
reqUirement. See diversity jurisdiction under JURIS
DICTION; AMOUNT IN CONTROVERSY. [Cases: Federal
Courts C=>344.] 2. Constitutional law. A rule that
allows Congress, under its Commerce Clause powers,
to regulate purely private acts, such as growing wheat
for one's own consumption, if the consequences of
many such acts, taken together, would have an effect on
interstate commerce. See Wickard v. Filburn, 317 U.S.
lll, 63 S.Ct. 82 (1942). [Cases: Commerce C=>7(2).]
aggregation ofclaims. Patents. In a patent application,
an excessive number of claims that do not differ sig
nificantly in scope and are essentially duplicative .
Although a patent applicant may claim an invention
and its various features in a reasonable number ofways,
each claim must differ materially from the others.
Also termed multiplicity ofclaims; undue multiplicity
ofclaims. [Cases: Patents (;::;>124.]
aggregation rejection. See REJECTION.
aggression. Int'llaw. A grave breach ofinternational
law by a nation. The prohibition ofaggression is a
peremptory rule (jus cogens). Aggressors are guilty ofan
international crime. But there is no generally accepted
definition ofwhat constitutes aggression despite many
attempts over the years to devise one. In 1974, the
United Nations General Assembly adopted a Resolu
tion on the Definition of Aggression (Resolution 3314
(XXIX) of December 14, 1974). It defines aggression,
in part, as "the use of armed force by a State against
the sovereignty, territorial integrity, or political inde
pendence ofanother country, or in amanner inconsis
tent with the Charter ofthe United Nations ...." The
definition does not extend to measures that, in certain
circumstances, might constitute aggression, nor does
it recognize exceptional circumstances that would
make the enumerated acts defensive rather than offen
sive. The U.N. Security Council has never expressly
relied on the resolution when determining whether a
nation's acts constitute a "threat to the peace, breach of
the peace, or act of aggression." See U.N. Charter art.

77
39, 59 Stat. 1031. The difficulty of finding a generally
accepted definition ofaggression is reflected in Article
5 ofthe Statute ofthe International Criminal Court (37
LL.M. 999). It confers jurisdiction on the Court over
"the crime of aggression" but also requires the parties
to the Statute to define the crime before the Court can
exercise jurisdiction. [Cases: War and National Emer
gency (>1, 19.]
"Although classical aggression has generally been thought
to involve direct military operations by regular national
forces under government control, today subjugation and
control of peoples may well result from resort to nonmili
tary methods. Economic pressures on the other states;
demands couched in traditional diplomatic terms but laden
with implied threats to compel action or inaction; fifth
column activities; the endless propaganda harangue urging
another state's peoples to rise against their government;
the aiding and abetting of rebel bands intent on overthrow
ing another government; and a wide range of other modern
techniques must be included in the concept of aggression
in so far as they are delicts at international law, for they are
directed against the sovereign independence of a state."
Ann Van Wynen Thomas & A.J. Thomas Jr., The Concept of
Aggression in International Law69 (1972).
direct aggression. Aggression in which a state's regular
armed forces participate.
indirect aggression. Aggression carried out by some
means other than through a state's regular armed
forces.
"[I]ndirect aggression would seem to have two prime
meanings: (1) delictual acts armed or unarmed and con
ducted vicariously by the aggressor state through third
parties which endanger the essential rights of a state,
rights upon which its security depends, and (2) delictual
acts taken directly by the governing authorities of a state
against another state or vicariously through third-party
groups which do not involve the use of armed force, but
which do endanger the essential rights of a state upon
which its security depends. No directly military opera
tions by the regular armed forces of a state are involved in
either case; therefore the aggression can be regarded as
an indirect method of constraint carried on by the aggres
sor state." Ann Van Wynen Thomas & AJ. Thomas Jr., The
Concept ofAggression in International Law 69 (1972).
aggressor corporation. See CORPORATION.
aggressor doctrine. (1947) The principle precluding tort
recovery for a plaintiff who acts in a way that would
provoke a reasonable person to use physical force for
protection, unless the defendant in turn uses excessive
force to repel the plaintiff. [Cases: Assault and Battery
(>13.]
aggrieved, adj. (Of a person or entity) haVing legal rights
that are adversely affected; having been harmed by an
infringement oflegal rights.
aggrieved party. See PARTY (2).
AGI. abbr. See adjusted gross income under INCOME.
agillarius (aj-<l-lair-ee-<ls), n. [Law Latin] Hist. A keeper
ofa herd ofcattle in a common field; a hayward.
aging of accounts. A process of classifying accounts
receivable by the time elapsed since the claim came
into existence for the purpose ofestimating the balance
of uncollectible accounts as ofa given date. agnatus
aging-out, n. A foster child's or minor ward's reaching
the age at which any legal right to care expires.
Aging-out usu. occurs when the child reaches the age
ofmajority and becomes ineligible for foster care. Some
states allow an extension of eligibility up to age 21 ifthe
child is still in school or cannot live independently, or if
it is otherwise in the child's best interests to remain in
foster care and the child consents. See INDEPENDENT
LIVING PROGRAM. [Cases: Infants 230.1.]
agio (aj-ee-oh or ay-jee-oh). The premium paid for the
exchange of one kind of money for another, such as
paper currency for coin or one country's currency for
another's.
agiotage (aj-ee-<l-tij). 1. The business of dealing in foreign
exchange. 2. The speculative buying and selling ofsecu
rities.
agist (<l-jist), vb. To allow animals to graze on one's
pasture for a fee.
agister (<l-jis-t<lr). One who takes and pastures grazing
animals for a fee; a person engaged in the business of
agistment.  An agister is a type ofbailee for hire.
Also spelled agistor. -Also termed gisetake r. [Cases:
Animals (>21.]
agister's lien. See LIEN.
agistment (a-jist-mant). 1. A type ofbailment in which
a person, for a fee, allows animals to graze on his or
her pasture; the taking in ofcattle or other livestock to
feed at a per-animal rate. [Cases: Animals (>21.] 2. A
charge levied upon the owner or occupier ofland.
Also termed gisement. See TITHE OF AGISTMENT.
agistment ofsea-banks. Hist. A charge on land used to
pay for the upkeep ofdikes that prevent the encroach
ment of the sea.
agistor. See AGISTER.
agnate (ag-nayt), adj. Related or akin through male
descent or on the father's side.
agnate, n. (16c) 1. A blood relative whose connection is
through the male line. 2. A relative on the father'S side,
whether or not traced exclUSively through the male line.
Cf. COGNATE.
agnatic (ag-nat-ik), adj. (Of a relationship) restricted
to affiliations through the male line. Also termed
agnatical (ag-nat-i-kal).
agnatio (ag-nay-shee-oh). [Latin] Roman law. Kinship
through the male line, not necessarily involving blood
ties; specif., an affiliation offree persons ofeither sex in
the power (patria potestas) of the senior living male or
of a male who would be in his power ifhe were living.
-An agnatic relationship could be created either by
adoption or by a blood relationship (cognatio) traced
solely through the male side of a family. See COGNATIO;
patria potestas under POTESTAS.
agnation (ag-nay-sh<ln), n. The relationship ofagnates.
agnatus (ag-nay-tas), n. [Latin] Roman law. A person
related through the male line. Cf. COGNATUS.

agnomen 78
"[Agnati werel all individuals subject for the time being
to the same patria potestas, or who would be so subject
were the common ancestor alive. Brothers and sisters, with
their uncles, aunts, nephews, nieces, and other collaterals
(not having been received into another family), if related
through males, were agnates. The civil issue of the state
was the Agnatic Family. Cognates were all persons who
could trace their blood to a single ancestor or ancestress,
and agnates were those cognates who traced their connec
tion exclusively through males." John Bouvier, Bouvier's
Law Dicrionary(8th ed. 1914).
agnomen (ag-noh-m<ln). [Latin]l. An additional name
or title; a nickname. 2. Roman law. An additional name,
given in recognition ofsome achievement or to reflect
adoption by a different gens. See NOMEN.
agrarian (<l-grair-ee-<ln), adj. Ofor relating to land, land
tenure, or a division oflanded property. -agrarian,
n.
agrarian law. Roman & civil law. The body oflaw govern
ing the ownership, use, and distribution ofrural land.
agrarium (<l-grair-ee-<lm). [Law Latin] Hist. A tax upon,
or tribute payable out of, land.
a gratia (ay gray-shee-<l). [Law Latin] EX GRATIA.
agreamentum (a-gree-a-men-t<lm). [Law Latin] Agree
ment; an agreement.
agree, vb. 1. To unite in thought; to concur in opinion
or purpose. 2. To exchange promises; to unite in an
engagement to do or not do something. 3. Parliamen
tary law. To adopt (usu. in the phrase agree to). See
ADOPTION (5).
agreed-amount clause. An insurance-policy provi
sion that the insured will carry a stated amount of
coverage.
agreed boundary. See BOUNDARY.
agreed-boundary doctrine. (1941) The principle by
which adjacent landowners resolve uncertainties over
land boundaries by permanently fixing the boundar
ies by agreement; specif., the rule that owners ofcon
tiguous land may agree on the boundary between the
parcels, as long as the actual boundary is uncertain,
there is agreement between the two owners about the
boundary line, there is acquiescence in the agreed line
for a time exceeding the statute of limitations, and
the agreed boundary is identifiable on the ground.
Also termed doctrine ofpractical location. See agreed
boundary under BOUNDARY. [Cases: Boundaries (;:::>
46,48.]
agreed case. See agreed statement offacts under STATE
MENT OF FACTS.
agreed decree. See DECREE.
agreed dismissal. See dismissal agreed under DISMISSAL
(1).
agreed judgment. See JUDGMENT.
agreed price. See PRICE.
agreed statement offads. See STATEMENT OF FACTS.
agreed statement on appeal. See agreed statement of
facts under STATEMENT OF FACTS. agreed value. See VALUE (2).
agreement. (15c) 1. A mutual understanding between
two or more persons about their relative rights and
duties regarding past or future performances; a mani
festation of mutual assent by two or more persons.
[Cases: Contracts 2. The parties' actual bargain
as found in their language or by implication from other
circumstances, including course of dealing, usage of
trade, and course of performance. DCC  1-201(3).
[Cases: Contracts (;:::> l.]
"The term 'agreement,' although frequently used as syn
onymous with the word 'contract,' is really an expression
of greater breadth of meaning and less technicality. Every
contract is an agreement; but not every agreement is a
contract. In its colloquial sense, the term 'agreement'
would include any arrangement between two or more
persons intended to affect their relations (whether legal or
otherwise) to each other. An accepted invitation to dinner.
for example, would be an agreement in this sense; but
it would not be a contract, because it would neither be
intended to create, nor would it in fact create, any legal
obligation between the parties to it. Further, even an agree
ment which is intended to affect the legal relations of the
parties does not necessarily amount to a contract in the
strict sense of the term. For instance, a conveyance of land
or a gift of a chattel. though involving an agreement, is ...
not a contract; because its primary legal operation is to
effect a transfer of property. and not to create an obliga
tion." 2 Stephen's Commentaries on the Laws ofEng/and 5
(L. Crispin Warmington ed., 21st ed. 1950).
"An agreement, as the courts have said, 'is nothing more
than a manifestation of mutual assent' by two or more
parties legally competent persons to one another. Agree
ment is in some respects a broader term than contract, or
even than bargain or promise. It covers executed sales,
gifts, and other transfers of property." Samuel Williston,
A


than bargain or promise. It covers executed sales,
gifts, and other transfers of property." Samuel Williston,
A Treatise on the Law of Contracts  2, at 6 (Walter H.E.
Jaeger ed., 3d ed. 1957).
agreement incident to divorce. See DIVORCE AGREE
MENT.
agreement of sale. An agreement that obligates
someone to sell and that may include a correspond
ing obligation for someone else to buy. [Cases: Sales
(;:::> 1.]
agreement to agree. 1. An unenforceable agreement
that purports to bind two parties to negotiate and
enter into a contract; esp., a proposed agreement
negotiated with the intent that the final agreement
will be embodied in a formal written document and
that neither party will be bound until the final agree
ment is executed. 2. A fully enforceable agreement
containing terms that are sufficiently definite as well
as adequate consideration, but leaving some details
to be worked out by the parties. [Cases: Contracts
"Although the parties [to an agreement with open terms)
expect that they will reach agreement on the missing
terms, what they expect to happen if they fail to reach
agreement is often unclear. They may understand that
there will be no contract at all or they may understand
that there will be a contract with the missing term supplied
as a matter of law. If the latter is their understanding, a
question arises whether the agreement is one with open
terms sufficiently definite to be enforceable or whether
it is a mere unenforceable 'agreement to agree." E. Allan
Farnsworth, Contracts  3.29, at 217 (3d ed. 1999).

79 agreement
agreement to sell. An agreement that obligates someone
to sell. [Cases: Sales C=:> 1.]
antenuptial agreement. See PRENUPTIAL AGREE
MENT.
binding agreement. (lSc) An enforceable contract. See
CONTRACT. [Cases: Contracts C=:> 1.]
business-continuation agreement. An agreement for
the disposition ofa business interest in the event ofthe
owner's death, disability, retirement, or withdrawal
from the business. The agreement may be between
the business and its individual owners, among the
individual owners themselves, or between the indi
vidual owners and a key person, family member, or
outsider. - Abbr. BCA. Cf. cross-purchase agreement;
third-party business-buyout agreement.
closing agreement. Tax. A written contract between a
taxpayer and the Internal Revenue Service to resolve
a tax dispute. [Cases: Internal Revenue C=:>4761.]
cohabitation agreement. See COHABITATION AGREE
MENT.
criss-cross agreement. See cross-purchase agreement.
cross-purchase agreement. An agreement between a
business's individual owners to purchase the interest
of a withdrawing or deceased owner in order to
continue operating the business. -Also termed criss
cross agreement. Cf. business-continuation agreement;
third-party business-buyout agreement.
divorce agreement. See DIVORCE AGREEMENT.
exchange agreement. An agreement to exchange
real properties, usu. like-kind properties. See1031
EXCHANGE; TAX-FREE EXCHANGE.
formal agreement. (l7c) An agreement for which the
law requires not only the consent of the parties but
also a manifestation ofthe agreement in some partic
ular form (e.g., a signed writing), in default ofwhich
the agreement is unenforceable. Cf. formal contract
under CONTRACT. [Cases: Contracts C=:>30.]
integrated agreement. See INTEGRATED CONTRACT.
invalid agreement. See invalid contract under
CONTRACT.
living-together agreement. See COHABITATION AGREE
MENT.
marital agreement. See MARITAL AGREEMENT.
marital settlement agreement. See DIVORCE AGREE
MENT.
negotiated agreement. See NEGOTIATED AGREEMENT.
noncircumvention agreement. See NONCIRCUMVEN
TION AGREEMENT.
outsourcing agreement. See OUTSOURCING AGREE
MENT.
point-and-click agreement. See POINT-AND-CLICK
AGREEMENT.
postnuptial agreement. See POSTNUPTIAL AGREE
MENT. prenuptial agreement. See PRENUPTIAL AGREEMENT.
property settlement agreement. See PROPERTY SETTLE
MENT (2).
reconciliation agreement. See RECONCILIATION AGREE
MENT.
redemption agreement. See STOCK-REDEMPTION
AGREEMENT.
separation agreement. See SEPARATION AGREEMENT.
side agreement. 1. An agreement that is ancillary to
another agreement. 2. Int'llaw. An international
accord that is specifically negotiated to supplement a
broader trade treaty. For example, NAFTA contains
no provisions about labor standards or environmental
protection. But two side agreements about those areas
were negotiated separately and deSigned to supple
ment NAFTA, making the treaty more attractive to
the ratifying bodies. -Also termed supplemental
agreement.
simple agreement. (ISc) An agreement for which the
law requires nothing for its effective operation beyond
some manifestation that the parties have consented.
stock-retirement agreement. See STOCK-REDEMPTION
AGREEMENT.
subordination agreement. An agreement bywhich one
who holds an otherwise senior interest agrees to sub
ordinate that interest to a normally lesser interest, usu.
when a seller agrees to subordinate a purchase-money
mortgage so that the buyer can obtain a first-mort
gage loan to improve the property. [Cases: Secured
Transactions C=:> 147.]
supplemental agreement. See side agreement.
surrogate-parenting agreement. See SURROGATE-PAR
ENTING AGREEMENT.
takeover agreement. An agreement under which
a defaulting party's surety agrees to perform the
original contract in the defaulting party's stead.
[Cases: Principal and Surety C=:>SO.]
third-party business-buyout agreement. An agreement
by a business's owners to sell all or part ofthe business
to an outside person who will continue to operate it.
Cf. business-continuation agreement; cross-purchase
agreement.
trust agreement. See declaration oftrust (2) under DEC
LARATION (1).
unconscionable agreement (.m-kon-sh::l-n::l-b::ll). (lS17)
An agreement that no promisor with any sense, and
not under a delusion, would make, and that no honest
and fair promisee would accept. For commercial
contexts, see VCC  2-302. -Also termed uncon
scionable contract; unconscionable bargain. [Cases:
Contracts C=:> 1.]
underwriting agreement. An agreement between a
corporation and an underwriter covering the terms
and conditions ofa new securities issue. [Cases: Cor
porations C=:>79.]
valid agreement. See valid contract under CONTRACT.

80 agreement of imperfect obligation
voidable agreement. See voidable contract under
CONTRACT.
void agreement. See void contract under CONTRACT.
agreement ofimperfect obligation. See unenforceable
contract under CONTRACT.
agreement of rescission. See RESCISSION (2).
agreement ofsale. See AGREEMENT.
Agreement on Trade-Related Aspects of Intellectual
Property Rights. See TRIPS.
Agreement Relating to Liability Limitation of the
Warsaw Convention and The Hague Protocol. See
MONTREAL AGREEMENT.
agreement to agree. See AGREEMENT.
agreement to marry. See marriage promise under
PROMISE.
agreement to sell. See AGREEMENT.
agri (ag-n), n. pl. [Latin] Lands.
agribusiness. The pursuit of agriculture as an occupation
or profit-making enterprise, including labor, land-use
planning, and financing the cost ofland, equipment,
and other necessary expenses . This term generally
excludes smaller family-owned and -operated farms.
Agricultural Adjustment Act. A 1933 federal statute that
paid farmers not to produce crops in an effort to raise
crop prices . The U.S. Supreme Court declared the Act
unconstitutional in 1936 on grounds that Congress had
overstepped its power to regulate commerce. A second,
more limited Agricultural Adjustment Act was enacted
in 1938. Abbr. AAA. [Cases: AgricultureC=3.1.]
Agricultural Cooperative Service. The federal agency
within the U.S. Department of Agriculture responsi
ble for helping farmers to organize farm cooperatives.
 The Service also collects statistical information on
co-ops and publishes Farmer Cooperatives, a monthly
magazine.
agricultural-disparagement law. A statute deSigned to
protect food producers from and provide remedies for
pecuniary harm resulting from false and malicious
reports of food contamination . A typical statute
applies to false and disparaging public statements
implying or claiming that a perishable food product
is unsafe for human consumption. It typically applies
when the speaker or writer knows that the statements
are false because the claim or implication has no basis
in reliable scientific inquiry, facts, or data. -Also
termed veggie-libellaw; perishable-food-disparagement
act; agricultural-product-disparagement law;food-dis
paragement law.
agricultural fixture. See FIXTURE.
agricultural labor. Work that is performed on a farm
or ranch, or that pertains to the production of com
modities, such as harvesting crops, raising livestock,
or obtaining milk, honey, or other animal products .
Agricultural labor is often excluded from certain labor
laws, such as unemployment insurance and workers'
compensation. agricultural lien. See LIEN.
Agricultural Marketing Service. An agency in the U.S.
Department of Agriculture responsible for compil
ing and publishing marketing information, establish
ing and enforcing quality standards for agricultural
products, testing those products, and making grants to
states and farmers. Itwas established by the Secretary
ofAgriculture in 1972. Abbr. AMS.
agricultural-product-disparagement law. See AGRICUL
TURAL-DISPARAGEMENT LAW.
Agricultural Research Service. An agency in the U.S.
Department ofAgriculture responsible for conducting
agricultural research to ensure the production of high
quality food and food products. Abbr. ARS.
agriculture. The science or art of cultivating soil, har
vesting crops, and raising livestock. [Cases: Agriculture
C=3.1.]
"'Agriculture' is broader in meaning than 'farming'; and
while it includes the preparation of soil, the planting of
seeds, the raising and harvesting of crops, and all their
incidents, it also includes gardening, horticulture, viticul
ture, dairying, poultry, bee raising, and ranching." 3 Am.
Jur. 2d Agriculture  1, at 934-35 (1986).
agri limitati (ag-rI lim-i-tay-tI). See ager limitatus under
AGER.
Aguilar-Spinelli test (ah-gee-Iahr spi-nel-ee or ag-wa
lahr). Criminal procedure. A standard for determining
whether hearsay (such as an informant's tip) is suffi
ciently reliable to establish probable cause for an arrest
or search warrant.  Under this two-pronged test
which has been replaced by a broader, totality-of-the
circumstances approach the reliability of both the
information and the informant must be assessed inde
pendently. Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509
(1964); Spinelli v. United States, 393 U.S. 410, 89 S.Ct.
584 (1969). Cf. TOTALITY-OF-THE-CIRCUMSTANCES
TEST. [Cases: Criminal Law C=211(3); Searches and
Seizures C=118.1
agunah (ah-goo-nah), n.lewish law. 1. A woman whose
husband has deserted her or otherwise disappeared .
She may not remarry until either proving his death or
obtaining a divorce. 2. A woman whose husband will
not agree to a divorce.
AGVA. abbr. AMERICAN GUILD OF VARIETY ARTISTS.
ahupuaa (ah-hoo-poo-ah-ah). [Hawaiian] A variable
measure of Hawaiian land, traditionally understood
to stretch from the sea to the mountains, to allow the
people to obtain the various materials needed for sub
sistence offered at different elevations. -Also spelled
ahupua>a.
AICPA. abbr. American Institute of Certified Public
Accountants. [Cases: Accountants
AID. abbr. 1. See artificial insemination by donor under
ARTIFICIAL INSEMINATION. 2. UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT.
aid, n. 1. A contribution toward defense costs from a
third party who has a joint interest in the defense but
has not been sued. 2. Hist. A subSidy or tax granted

81
to the king for an extraordinary purpose. 3. Hist. A
benevolence or tribute (Le., a sum of money) granted by
the tenant to his lord in times ofdifficulty and distress.
 Over time, these grants evolved from being discre
tionary to mandatory. The three principal aids were: (1)
to ransom the lord's person ifhe was taken prisoner;
(2) to contribute toward the ceremony ofknighting the
lord's eldest son; and (3) to provide a suitable dowry for
the lord's eldest daughter.
aid and abet, vb. (17c) To assist or facilitate the commis
sion of a crime, or to promote its accomplishment.
Aiding and abetting is a crime in most jurisdictions.
Also termed aid or abet; counsel and procure. [Cases:
Criminal Law aider and abettor, n.
"The phrase 'aid and abet' and 'aider and abettor' seem
unnecessarily verbose .... [AJny aid given with mens rea
is abetment; hence to add the word 'aid' to the word 'abet'
is not necessary


given with mens rea
is abetment; hence to add the word 'aid' to the word 'abet'
is not necessary and is sometimes misleading." Rollin M.
Perkins & Ronald N. Boyce, Criminal Law 724-25 (3d ed.
1982).
"In connection with the principal in the second degree
or accessory before the fact, the terms 'aid' and 'abet'
are frequently used interchangeably, although they are
not synonymous. To 'aid' is to assist or help another. To
'abet' means, literally, to bait or excite, as in the case of an
animal. In its legal sense, it means to encourage, advise, or
instigate the commission of a crime." 1 Charles E. Torcia,
Wharton'S Criminal Law  29, at 181 (15th ed. 1993).
aid and comfort. (16c) Help given by someone to a
national enemy in such a way that the help amounts
to treason . The phrase is a loan translation of the
French aide et confort, which appears in the early 15th
century in a French translation of the Bible. The first
English-language use appears to have been in Grafton's
Chronicles of 1568. [Cases: Treason C:=>6.]
"Aid and comfort may be given in various ways, such as
buying a vessel and fitting it for service in aid ofthe enemy,
delivering prisoners and deserters to the enemy, or selling
critical materials with knowledge of the fact that the pur
chaser buys them to use in the manufacture of gunpowder
for the enemy, or otherwise to aid him in his prosecution
of the war. And the courts have given short shrift to the
claim that such a sale was not intended to aid the enemy
but only to make a profit." Rollin M. Perkins & Ronald N.
Boyce, Criminal Law 502 (3d ed. 1982).
aided-awareness survey. Trademarks. A trademark
survey in which interviewees are asked to choose
from a spectrum of choices that prominently feature
the desired response. -Aided-awareness surveys are
often discounted or entirely disregarded by courts in
trademark-infringement actions. Also termed aided
recall survey. (Cases: Trademarks C:=>1619,1629(4).]
aide-memoire (ayd-mem-wahr). [French] Int'llaw. A
diplomatic document that a diplomatic agent leaves
with the receiving state's department offoreign affairs
on the occasion of a demarche .  The aide-memoire
presents the receiving state with a precise record of
the substance of the diplomatic agent's mission. It is
typically written in an impersonal style, without men
tioning either the addressee or the author. It appears
on printed letterhead and is dated, but it is not Signed,
initialed, or embossed with a seal. See DEMARCHE. AIH
aider, n. 1. An act ofaiding; the curing of a defect. 2. One
who aids another.
aider by pleading over. (1860) The cure of a pleading
defect by an adversary's answering the pleading without
an objection, so that the objection is waived. [Cases:
Pleading C:=>406(3).]
aider by subsequent pleading. The cure of a pleading
defect by an adversary's answer that refers to or admits
a material fact or allegation that was not mentioned
in the pleading, or an answer that shows the correct
basis for the plaintiff's pleading. Also termed express
aider. (Cases: Pleading C:=>403.]
aider by verdict. (1824) The cure ofa pleading defect by a
trial verdict, based on the presumption that the record
contains adequate proof of the necessary facts even if
those facts were not specifically alleged. -Also termed
cure by verdict. (Cases: Indictment and Information
C:=>200-203; Pleading C:=>432-437.]
"AIDER BY VERDICT. Wherever a pleading states the essential
requisites of a cause of action or ground of defense, it
will be held sufficient after a general verdict in favor of
the party pleading, though the statement be informal or
inaccurate; but a verdict will never aid the statement of a
title or cause of action inherently defective." Benjamin J.
Shipman, Handbook ofCommon-Law Pleading  332, at 531
(Henry Winthrop Ballantine ed., 3d ed. 1923).
aiding an escape. The crime of helping a prisoner escape
custody. [Cases: Escape C:=>5.]
aid of the king. Rist. A request of the king made by a
tenant for relief from another'S demand for rent.
aid or abet. See AID AND ABET.
aid or abet infringement. Patents. Through some affir
mative act or conduct, to actively induce or assist with
another person's infringement. -Aiding or abetting
patent infringement is actionable under  271(b) of the
Patent Act. Cf. infringement in the inducement under
INFRINGEMENT. [Cases: Patents C:=>259(1).J
aid prayer. Hist. A plea by a life tenant or other holder of
less than a fee simple to bring into the action another
who holds an interest in the estate (such as a rever
sioner or remainderman) to help defend the title.
Also termed prayer in aid.
aids. See AID (2).
Aid to Families with Dependent Children. Obsolete. A
federally funded, state-administered welfare program
that provided financial assistance to needy families with
dependent children. _ Aid to Families with Dependent
Children has been replaced by Temporary Assistance
to Needy Families. -Abbr. AFDC. See TEMPORARY
ASSISTANCE TO NEEDY FAMILIES.
aiel (aY-<ll), n. [Law French] Hist. 1. A grandfather. 2.
A writ by an heir of a grandfather for recovery of the
grandfather's estate, which had been wrongfully pos
sessed by a stranger. -Also spelled aile; ayel; ayle.
Also termed (in sense 2) writ of aiel. Cf. BESAYEL;
COSINAGE.
AIH. abbr. See artificial insemination by husband under
ARTIFICIAL INSEMINATION.

82 Aiken exemption
Aiken exemption. Copyright. An exception in the law
of infringement that permits retail establishments
with less than 2,000 square feet ofspace to play radio
and television broadcasts for employees and patrons
without obtaining a license. Twentieth Century Music
Corp. v. Aiken, 422 U.S. 151,95 S. Ct. 2040 (1975).
Also termed store-receiver exemption. [Cases; Copy
rights and Intellectual Property ~48.l.J
aimable compositeur (ay-mah-bl .. kon-poh-zee-tuur).
[French] See AMIABLE COMPOSITOR.
AlP. abbr. See AMERICAN INSTITUTE OF PARLIAMENTAR
IANS.
AIPA. abbr. AMERICAN INVENTORS PROTECTION ACT.
AIPLA. abbr. AMERICAN INTELLECTUAL PROPERTY LAW
ASSOCIATION.
airbill. A document serving as a bill oflading for goods
transported by air. -The term includes air consign
ment notes and air waybills. [Cases: Carriers ~51.]
aircraft piracy. See air piracy under PIRACY (2).
air law. The part oflaw, esp. international law, relating
to civil aviation.
airman's certificate. A license that every aircraft pilot
must have to operate an aircraft in U.S. airspace. 49
USCA  44701-44711; 14 CFR  61.3. [Cases: Aviation
~122.]
Airman's Information Manual. A publication of the
Federal Aviation Administration, providing the funda
mental requirements ofany pilot who flies in national
airspace.
air piracy. See PIRACY (2).
air pollution. Environmental law. Any harmful sub
stance or energy emitted directly or indirectly into the
air, esp. if the harm is to the environment or to the
public health or welfare. [Cases: Environmental Law
~241-301.]
air-quality-control region. Environmental law. A fed
erally deSignated area in which communities share an
air-pollution problem, often involVing several states; an
interstate area or major intrastate area that the Envi
ronmental Protection Agency designates for monitor
ing and ameliorating ambient air-quality standards.
42 USCA  7407(c). [Cases: Environmental Law ~
254-301.]
air-quality criteria. Environmental law. The legal limits
that the Environmental Protection Agency sets for
atmospheric or airborne pollutants in a defined area
and at a specified time. [Cases: Environmental Law
<~::>255.]
air right. (1922) The right to use all or a portion of the
airspace above real property.
air-services agreement. See AIR-TRANSPORT AGREE
MENT.
airspace. The space that extends upward from the surface
ofland, esp. so far as is necessary for the owner or pos
sessor to have reasonable use and enjoyment ofthe inc i-dents ofits ownership or possession. Cf. OUTER SPACE.
[Cases: Property~7.]
national airspace. Int'llaw. The pillar of air above a
nation's territory including internal waters and
the territorial sea over which it has complete and
exclusive sovereignty and through which foreign
aircraft have no right of innocent passage . There
is no agreement on the boundary between national
airspace and outer space.
navigable airspace. The area above the legally estab
lished minimum flight altitudes, including the
area needed to ensure safe takeoffs and landings of
aircraft. 49 USCA  40l02(a)(30). [Cases: Aviation
~3,231.]
air-transport agreement. A contract governing the
operation of air services; esp., an intergovernmental
agreement governing the operation of international air
services between their territories. -Also termed air
services agreement.
air waybill. See WAYBILL.
aisiamentum (ay-shee- ..-men-t ..m). [Law Latin] An
easement or privilege.
aisne. See EIGNE.
a issue (ah is[h]-yoo). [Law French] At issue.
AJS. abbr. AMERICAN JUDICATURE SOCIETY.
a jure suo cadunt (ay joor-ee s[y]oo-oh kay-dant). [Latin]
Scots law. They fall from their right. _ The phrase
appeared in reference to those who lose a property right
through loss of possession or through abandonment.
a.k.a. abbr. (1955) Also known as.
al (ahl), prep. [Law French] At.
a la grande grevaunce (ah la grawnd gr ..-vawns). [Law
French] To the great grievance.
a large (ah lahrzh). [Law French] Free; at large.
Alaska trust. See asset-protection trust (1) under TRUST
(3).
a latere (ay lat-..-ree). [Latin) From the side; collaterally.
-This term was formerly used to denote collateral suc
cession rather than lineal succession.
albacea (ahl-b ..-thay- ..), n. Spanish law. An executor;
the person named by a testator to carry out the direc
tions ofa wilL
albafirma (al-b .. far-rna). [Law Latin] See WHITE RENT.
albanus (al-bay-n ..s), n. [Law Latin] See ADVENA.
al barre (ahl bahr). [Law French] At the bar.
album breve (al-b ..m breev or bree-vee). See BREVE.
alb us tiber (ai-bas h-b..r). [Law Latin "white book"] Hist.
An ancient book containing a compilation of the laws
and customs of the city of London. -Also termed
White Book.
alcalde (ahl-kahl-day or al-kal-dee). [fro Arabic aI-qadi
"the Cadi" or "the judge"] Spanish law. 1. Hist. A
judicial officer. -The alcalde'S functions typically
resembled those ofa justice ofthe peace. 2. The mayor

83 alias
of a Spanish or Spanish-American town, usu. with a
judicial element.  This is the modern sense.
Alcohol and Tobacco Tax and Trade Bureau. A bureau
in the U.S. Department of the Treasury that adminis
ters the laws governing the production, use, and dis
tribution ofalcohol and tobacco products, and collects
excise taxes on firearms and ammunition . The Bureau
has the tax-enforcement functions ofthe former Bureau
ofAlcohol, Tobacco, and Firearms. Abbr. TTB.
alcoholometer. See BREATHALYZER.
alderman. A member of a city councilor other local
governing body. Also termed alderperson. [Cases:
Municipal Corporations C=>84.]
alderman nus (al-d;>r-man-;>s). [Law Latin] Hist. An
alderman.
aldermannus civitatis vel burgi (siv-i-tay-tis vel b<)r-jr).
An alderman ofa city or borough.
aldermannus hundredi seu wapentachii (han-dri-dr
syoo wahp-an-tay-kee-r). An alderman ofa hundred
or wapentake.
aldermannus regis (ree-jis). An alderman ofthe king,
so called because he is appointed by the king or gives
the king's judgment in the premises allotted to him.
aldermannus totiusAngliae (toh-shee-;;)s ang-glee-ee).
An alderman of all England, similar to the chief justi
ciary of England in later times. See JUSTICIARY.
alderperson. See ALDERMAN.
alderwoman. A female member ofa city council or other
local governing body. [Cases: Municipal Corporations
C=>84.]
alea (ay


a city council or other
local governing body. [Cases: Municipal Corporations
C=>84.]
alea (ay-Iee-;;), n. [Latin] Roman law. I. A game ofchance.
2. The chance ofgain or loss in a contract.
aleator (ay-Iee-ay-t;;)r). [Latin] Roman law. A gambler;
dice player.
aleatory (ay-Iee-;;)-tor-ee), adj. (l7c) Dependent on uncer
. tain contingencies . The word aleatory derives from
the Latin word aleator, meaning "a gambler," which
itself comes from alea (a die used in gaming). Also
termed aleatoric.
aleatory contract. See CONTRACT.
aleatory promise. See PROMISE.
alegal, adj. (1991) Outside the sphere oflaw; not clas
sifiable as being legal or illegal <the law often treats
the promises ofunmarried cohabitants as contractual
words rather than alegal words of commitment>.
alegality, n.
aler a Dieu. See ALLER ADIEU.
aler sans jour. See ALLER SANS TOUR.
ale silver. Hist. A rent or tribute paid annually to the
lord mayor of London by persons who sold ale within
the city.
alevosia. Spanish law. See MALICE. See Pico v. United
States, 228 U.S. 225, 33 S.Ct. 482 (1913).
alez adeu (ah-lay ah-duu). See ADEU. alfet (al-fet). Hist. A cauldron filled with boiling water,
used to scald the arm ofa person undergoing an ordeal.
See ordeal by water (2) under ORDEAL.
Alford plea. (1971) A guilty plea that a defendant enters
as part of a plea bargain, without actually admitting
guilt. This plea is not considered compelled within
the language ofthe Fifth Amendment if the plea rep
resents a voluntary, knowing, and intelligent choice
between the available options <the defendant -real
izing the strength ofthe prosecution's evidence and not
wanting to risk receiving the death penalty -entered
into an Alford plea>. North Carolina v. Alford, 400
U.S. 25, 91 S.Ct. 160 (1970). Cf. NO CONTEST. [Cases:
Criminal Law C=>273(4.1), 273.1(2).]
algOrithm. Patents. A mathematical or logical process
consisting of a series of steps, designed to solve a
specific type of problem. Algorithms were long
considered abstract ideas and therefore unpatentable
subject matter. But in 1998, the U.S. Court of Appeals
for the Federal Circuit found valid a patent on finan
cial software as "a practical application ofa mathemati
cal algorithm [that] produces a useful, concrete and
tangible result." State St. Bank & Trust Co. v. Signa
ture Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). That
precedent makes it easier to patent computer software,
which consists almost entirely ofalgorithms. [Cases:
Patents C=>6.]
algorithm exception. Patents. The general rule that
an abstract mathematical function, such as an algo
rithm, cannot be patented. The exception was first
articulated by the U.S. Supreme Court in Gottschalk v.
Benson, 409 U.S. 63, 93 S.Ct. 253 (1972). The rule was
undermined by State St. Bank & Trust Co. v. Signature
Fin. Group, 149 F.3d 1368 (Fed. Cir. 1998). In that case,
the court decided that a machine's transformation of
numerical data into a calculated share price was a suf
ficient and practical application ofa mathematical algo
rithm, formula, or calculation, because the final share
price was "a useful, concrete and tangible result."
Also termed mathematical-algorithm exception. [Cases:
Patents C=>6.J
ALI. abbr. AMERICAN LAW INSTITUTE.
alia enormia (ay-lee-<l i-nor-mee-;;). [Law Latin "other
serious wrongs"] Hist. A general allegation of injuries
made at the conclusion ofthe declaration by a plaintiff
in a trespass action. [Cases: Trespass C=>40(5).J
aliamenta (al-ee-;;)-men-t;;)). [Latin] A liberty ofpassage
or open way, such as a path through another's hedge or
drainage for a waterway.
alias (ay-Iee-;;)s), adj. Issued after the first instrument has
not been effective or resulted in action.
alias, adv. 1. Otherwise called or named; also known
as <William Grimsby, alias the Grim Reaper>. 2. At
another time.
alias, n. (17c) 1. An assumed or additional name that
a person has used or is known by. -Also termed
assumed name;jictitious name. Cf. PSEUDONYM. [Cases:

84 alias dictus
Names C::=> 14.] 2. Hist. A second writ issued after the
first has failed. See alias writ under WRIT. Pi. aliases.
alias dictus (ay-lee-as dik-tas), adv. [Latin] Otherwise
called; ALIAS (1).
alias execution. See EXECUTION.
alias process. See PROCESS.
alias subpoena. See SUBPOENA.
alias summons. See SUMMONS.
alias writ. See WRIT.
a libellis (ay Ii-bel-is). [Law Latin] Roman law. 1. An
officer having charge of petitions (libelli) addressed
to the emperor or sovereign. 2. CHANCELLOR OF THE
EXCHEQUER.
a libello ut libellatur (ay l;:~-bel-oh at lib-a-lay-tar).
[Law Latin] Rist. From the libel as laid. _ The phrase
appeared in a dismissal in favor ofa defendant.
alibi (al-a-bI), n. [Latin "elsewhere"] (l8c) 1. A defense
based on the physical impossibility of a defendant's
guilt by placing the defendant in a location other than
the scene of the crime at the relevant time. Fed. R.
Crim. P. 12.1. [Cases: Criminal Law C::=>31.5.] 2. The
fact or state of having been elsewhere when an offense
was committed.
alibi, vb. To offer or provide an alibi for <the conspirators
alibied for each other>.
alibi witness. See WITNESS.
alien (ay-Iee-an or ayl-yan), n. (I4c) A person who resides
within the borders of a country but is not a citizen or
subject of that country; a person not owing allegiance
to a particular nation. -In the United States, an alien
is a person who was born outside the jurisdiction ofthe
United States, who is subject to some foreign govern
ment, and who has not been naturalized under U.S.
law. [Cases: Aliens, Immigration, and Citizenship
104, 121,786, 116, 116.J
alien ami. See alien friend.
alien amy. See alien friend.
alien enemy. A citizen or subject of a country at war
with the country in which the citizen or subject is
living or traveling. Also termed enemy alien.
[Cases: War and National Emergencyc::=> 11.]
"In its natural meaning, the term 'alien enemy' indicates a
subject of a State with which this country is at war; but in
considering the enforcement of civil rights, the test is not
nationality, but residence or place of business. Hence, if a
person is voluntarily resident in or is carrying on business
in an enemy country, then he is an alien enemy even
though he be a British subject or the subject of a neutral
State ...." 1 EW. Chance, Principles ofMercantile Law 5253
(P.W. French ed., 13th ed. 1950).
alien friend. An alien who is a citizen or subject of a
friendly power. -Also termed (in Law French) alien
amy; alien ami.
alien immigrant. See IMMIGRANT.
deportable alien. A alien who has entered the United
States but is subject to removal. enemy alien. See alien enemy.
excludable alien. A alien ineligible for admission or
entry into the United States.
illegal alien. (1901) An alien who enters a country at
the wrong time or place, eludes an examination by
officials, obtains entry by fraud, or enters into a sham
marriage to evade immigration laws. Also termed
undocumented alien. [Cases: Aliens, Immigration,
and Citizenship C::=> 121, 786.J
inadmissible alien. A deportable or excludable alien.
See 8 USCA  1182(a).
nonresident alien. (1801) A person who is neither a
resident nor a citizen of the United States. [Cases:
Aliens, Immigration, and Citizenship C::=> 116.]
resident alien. (18c) An alien who has a legally estab
lished domicile in the United States. See NATURALIZA
TION. [Cases: Aliens, Immigration, and Citizenship
C::=> 116.]
undocumented alien. See illegal alien.
alien, vb. See ALIENATE.
alienable (ay-Iee-a-na-bal or ayl-ya-), adj. Capable of
being transferred to the ownership of another; trans
ferable <an alienable property interest>. -alienabil
ity, n.
alienage (ay-Iee-a-nij or ayl-ya-nij), n. The condition or
status of being an alien. [Cases: Aliens, Immigration,
and Citizenship C::> 104.]
declaration ofalienage. See DECLARATION (1).
alien ami. See alien friend under ALIEN.
alien amy. See alien friend under ALIEN.
Alien and Sedition Acts. Hist. Four statutes passed in
1798 deSigned to silence critics of the Federalist party
by tightening reSidency requirements for citizenship,
granting to the President the power to jail aliens consid
ered dangerous to the country, and restricting freedoms
ofthe press and speech by criminalizing speech hostile
to the government. - All the acts had expired or been
repealed by 1802.
alienate (ay-Iee-a-nayt or ayl-ya-), vb. (16c) To transfer
or convey (property or a property right) to another.
Also termed alien. alienator, n.
alienatio feud; (ay-Iee-a-nay-shee-oh fyoo-dI). [Law
Latin] Hist. DispOSition of a feudal right.
alienatio feudifirmae feudifirmarum (ay-Iee-a-nay
shee-oh fyoo-di-far-mee fyoo-di-far-mair-am). [Law
Latin" disposition ofa feuholding offeuholders"J Hist.
A conveyance to avoid the prohibition on alienation of
Crown lands. -It was nullified by statute in 1597.
alienation (ay-Iee-a~nay-shan or ayl-ya-nay-shan), n.
(14c) 1. Withdrawal from former attachment; estrange
ment <alienation of affections>. 2. Conveyance or
transfer of property to another <alienation of one's
estate>. [Cases: PropertyC::=> 11.] alienative (ay-Iee
a-nay-Bv or ayl-ya-), adj.

85
"[AJny transfer of real estate short of a conveyance of
the title is not an alienation of the estate: 4AJohn Alan
Appleman & Jean Appleman, Insurance Law and Practice
 2741, at 325 n.12 (rev. vol. 1969).
involuntary alienation. Alienation against the wishes
of the transferor, as by attachment. -Also termed
involuntary conveyance.
alienation clause. (1877) 1. A deed provision that either
permits or prohibits the further conveyance of the
property. [Cases: Deeds (:::::> 144(1), 149.] 2. Insurance.
A clause in an insurance policy voiding coverage ifthe
policyholder alienates the insured property. [Cases:
Insurance (:::::>3051.]
alienation ofaffections. (1867) A tort claim for willful or
malicious interference with a marriage by a third party
without justification or excuse . Where the cause of
action still exists, the elements are (1) some wrongful
conduct by the defendant with the plaintiff's spouse, (2)
the loss of affection or loss ofconsortium ofthe plain
tiff's spouse, and (3) a causal relationship between the
defendant's conduct and the loss of consortium. Only
a few states allow this cause ofaction. But the doctrine
thrives elsewhere. For example, a North Carolina court
has upheld a $1 million award to an ex-wife who filed an
alienation-of-affections action against her ex-husband's
new wife. Hutelmyer v. Cox, 514 S.E.2d 554 (N.C. Ct.
App. 1999). See CONSORTIUM; HEARTBALM STATUTE.
[Cases: Husband and Wife (:::::>322-337.]
alienation office. See OFFICE.
alienative fact. See FACT.
alien corporation. See foreign corporation under COR
PORATION.
alienee (ay-lee-<l-nee or ayl-Y<l-nee), n. (16c) One to
whom property is transferred or conveyed. -Also
termed disponee.
fraudulent alienee. One who knOWingly receives
an asset by means of fraudulent alienation. [Cases:
Fraudulent Conveyances (:::::> 156-158.]
alien enemy. See