oman is usu. at least
six feet tall, is ofthe best rank under the gentry, and is
generally exempt from arrest on civil process. Also
termed yeoman ofthe guard ofthe royal household. i
.
i York, custom of
yeomanry (yoh-m~n-ree). 1. The collective body of
yeomen. 2. Volunteer cavalry units in Great Britain,
later transferred to the Territorial Army.
yeven (yev-;m or yiv-~n). Hist. Given; dated. Also
spelled yeoven (yoh-v;m).
Yick Wo doctrine (yik woh). (1958) The principle that
a law or ordinance giving a person or entity absolute
discretion to give or withhold permission to carryon
a lawful business violates the 14th Amendment to the
U.S. Constitution. Yick Wo v. Hopkins, 118 U.S. 356,6
S.Ct. 1064 (1886).
yield, n. (bef. 12c) Profit expressed as a percentage of the
investment. Also termed yield on investment; return.
See RATE OF RETURN.
coupon yield. The annual interest paid on a security
(esp. a bond) divided by the security's par value.
Also termed nominal yield.
current yield. The annual interest paid on a security
(esp. a bond) divided by the security's current market
price.
discount yield. The yield on a security sold at a
discount.
earnings yield. The earnings per share of a security
divided by its market price . The higher the ratio, the
better the investment yield. -Also termed earnings
price ratio. Cf. PRICE-EARNINGS RATIO.
net yield. The profit or loss on an investment after
deducting all appropriate costs and loss reserves.
nominal yield. See coupon yield.
yield, vb, 1. To give up, relinquish, or surrender (a right,
etc.) <yield the floor>. 2. Parliamentary law. (Of a
motion) to give way to a higher-ranking motion. Cf.
PRECEDENCE (3).
"If two motions 'A' and'S' are related under rules of par
liamentary procedure in such a way that motion 'B' can be
made while motion 'A' is pending and, when stated by the
chair, can thus temporarily replace 'A' as the immediately
pending question, motion'S' takes precedence over (or
takes precedence of) motion 'A,' and motion 'A' yields to
motion 'B.' A secondary motion thus takes precedence over
the main motion; and a main motion takes precedence over
nothing and yields to all applicable secondary motions."
Henry M. Robert, Robert's Rules ofOrder Newly Revised  5,
at 57-58 (10th ed. 2000).
3. Hist. 'Ib perform a service owed by a tenant to a lord
<yield and pay>. See YIEtDING AND PAYING.
yield on investment. See YIELD.
yield spread. The differences in yield between various
securities issues.
yield to maturity. The rate ofreturn from an investment
if the investment is held until it matures. Abbr. YTM.
Cf. TIME VAtUE.
yokelet (yohk-lit), n. Hist. A small farm requiring only
one yoke of oxen to till it.
yoman. See YEOMAK.
York, custom of. Hist. A custom prevalent in York
whereby a male intestate's effects were divided

1756 York, Statute of
according to the doctrine of pars rationabilis Ca rea
sonable part") that is, one-third each to the widow,
children, and administrator, one-half to the adminis
trator if the man was married but had no children or
was single but had children, or all to the administrator
ifthe man was single with no children.
York, Statute of. Hist. An English statute passed in York
in the twelfth year ofEdward II's reign, and including
provisions on the subject ofattorneys, witnesses, and
the taking ofinquests by nisi prius.
York-Antwerp rules. Maritime law. A set of rules
relating to the settlement of maritime losses and
disputes arising from bills oflading . Although these
rules have no statutory authority, they are incorporated
into almost all bills oflading. The Rules are maintained
and updated by the Comite Maritime International
(CMI). [Cases: Shipping 187, 197.J
Younger abstention. See ABSTENTION.
younger-generation devise. See DEVISE.
young offender. See youthful offender under OFFENDER. your Honor. (16c) A title customarily used when
directly addreSSing a judge or other high official. Cf.
HIS HONOR.
your witness. See TAKE THE WITNESS.
Youth Correction Authority Act. A model act, pro
mulgated by the American Law Institute in 1940,
that proposed the creation of central state commis
sions responSible for setting up appropriate agencies
that would determine the proper treatment for each
youthful offender committed to the agency by the
courts. 'Ihe Act is noteworthy for its emphasis on
rehabilitating juvenile offenders, as opposed to pun
ishing them.
youth court. See teen court under COURT.
youthful offender. 1. See OFFENDER. 2. JUVENILE DELIN
QUENT.
youth shelter. See SHELTER.
yo-yo stock. See volatile stock under STOCK.
YTM. abbr. YIELD TO MATURITY.

zap. See INTERSUBJECTIVE ZAP.
ZBA. abbr. ZERO-BRACKET AMOUNT.
Z-bond. See accrual bond under BOND (3).
zealous witness. See WITNESS.
zeir and day (yeer). See YEAR AND DAY Zeir is an
obsolete graphic variant of year.
zero-bracket amount. A tax deduction formerly avail
able to all individual taxpayers, regardless ofwhether
they itemized their deductions. _ In 1944 this was
replaced by the standard deduction. Abbr. ZBA. See
standard deduction under DEDUCTION.
zero-coupon bond. See BOND (3).
zero-coupon security. See SECURITY.
zero-rate mortgage. See MORTGAGE.
zero-tolerance policy. (1990) An established plan or
method of action stating that certain acts will not be
permitted or condoned . School districts often have
a zero-tolerance policy regarding the use of drugs and
alcohol on school premises or at school-sponsored
functions. In 1995 Congress enacted a nationwide zero
tolerance statute to combat underage drinking.
zetetic (zi-tet-ik), adj. Hist. Proceeding by inquiry; inves
tigative. -Also spelled zetetick.
ZIFT. abbr. ZYGOTE INTRAFALLOPIAN TRANSFER.
zipper clause. Contracts. A contractual provision that
operates both as an integration clause and as a no
oral-modification clause. See INTEGRATION CLAUSE;
NO-ORAL-MODIFICATION CLAUSE.
"[AJ 'zipper clause' ... so called because the combina
tion of the integration clause and the no-oral-modification
clause is intended to foreclose claims of any representa
tions outside the written contract ...." Pace v. Honolulu
Disposal Serv., 227 F.3d 1150, 1159 (9th Or. 2000).
zone. 1. An area that is different or is distinguished from
surrounding areas <zone of danger>. 2. An area in a
city or town that, through zoning regulations, is under
particular restrictions as to building size, land use, and
the like <the capitol is at the center of the height-restric
tion zone>. [Cases: Zoning and Planning C=:>31.j
floating zone. An amount ofland aSSigned for a partic
ular use but in no particular location. _ An applicant
who owns the specified amount ofland can apply for
a use permit in a specific location. Seefloating zoning
under ZONING.
holding zone. Temporary, low-density zoning used
until a community determines how the area should
be rezoned.
zone-of-danger rule. (1966) Torts. The doctrine allowing
the recovery of damages for negligent infliction ofemo
tional distress if the plaintiff was both located in the dangerous area created by the defendant's negligence
and frightened by the risk of harm. [Cases: Damages
C=:>57.10, 57.16(2), 57.23(2), 57.27.}
zone of employment. Workers' compensation. The
physical place of employment within which an
employee, if injured there, can receive compensation.
Cf. COURSE OF EMPLOYMENT; SCOPE OF EMPLOYMENT.
(Cases: Workers' Compensation C=:>604-618, 704
770.]
zone of interests. (1969) The class or type ofinterests or
concerns that a statute or constitutional guarantee is
intended to regulate or protect. -To have standing to
challenge a ruling (esp. of an administrative agency),
the plaintiff must show that the specific injury suffered
comes within the zone of interests protected by the
statute on which the ruling was based. [Cases: Action
13; Administrative Law and Procedure C=:>666;
Federal Civil Procedure C=:> 103.2.}
zone ofprivacy. (1964) Constitutional law. A range of
fundamental privacy rights that are implied in the
express guarantees of the Bill ofRights. See PENUMBRA;
RIGHT OF PRIVACY. [Cases: Constitutional Law C=:>
1210-1275.}
zone search. See SEARCH.
zoning, n. (1912) The legislative division of a region, esp.
a municipality, into separate districts with different
regulations within the districts for land use, building
size, and the like. [Cases: Zoning and Planning C=:> 1,
4.} zone, vb.
aesthetic zoning. Zoning deSigned to preserve the aes
thetic features or values of an area. [Cases: Zoning
and Planning C=:> 36.]
bonus zoning. See incentive zoning.
cluster zoning. Zoning that favors planned-unit
development by allowing a modification in lot size
and frontage requirements under the condition that
other land in the development be set aside for parks,
schools, or other public needs. -Also termed density
zoning. See PLANNED-UNIT DEVELOPMENT. [Cases:
Zoning and Planning 245.}
conditional zoning. Zoning in which a governmental
body (without definitively committing itself) grants a
zoning change subject to conditions that are usu. not
imposed on similarly zoned property. [Cases: Zoning
and Planning C=:> 382, 382.1.}
"Conditions imposed are designed to protect adjacent land
from the loss of use value which might occur if the newly
authorized use was permitted without restraint of any kind.
Thus, conditional zoning seeks to minimize the potentially
deleterious effect of a zone change on neighboring prop
erties through reasonably conceived conditions which
harmonize the landowner's need for rezoning with the

1758 zoning
public interest." 83 Am.jur. 2d Zoning and Planning  218,
at 193 (1992).
contextual zoning. An approach to zoning that con
siders appropriate use of a lot based on the scale and
types of nearby buildings . Contextual zoning has
been used, for example, to prevent the destruction
of older, smaller residences to make room for larger
houses disparagingly called "monster homes" or "mc
mansions." in established neighborhoods.
contract zoning. l. Zoning according to an agreement,
by which the landowner agrees to certain restrictions
or conditions in exchange for more favorable zoning
treatment.  This type of contract zoning is usu.
considered an illegal restraint of the government's
police power, because by private agreement, the gov
ernment has committed itself to a particular type of
zoning. 2. Rezoning of property to a less restrictive
classification subject to the landowner's agreement to
observe specified limitations on the use and physical
development ofthe property that are not imposed on
other property in the zone . This device is esp. used
when property is located in a more restrictive zone
that borders on a less restrictive zone. [Cases: Zoning
and Planning C=:> 160.]
cumulative zoning. A method ofzoning in which any
use permitted in a higher-use, less intensive zone is
permissible in a lower-use, more intensive zone . For
example, under this method, a house could be built
in an industrial zone but a factory could not be built
in a residential zone.
density zoning. See cluster zoning.
Euclidean zoning (yoo-klid-ee-an). Zoning by specific
and uniform geographical division . 'Ihe purpose of
Euclidean zoning is to ensure a municipality's orderly
development by detailing what uses are permitted
and where, and seeing that conflicting land uses are
clearly separated. Its name comes from the Supreme
Court case that approved it: Village ofEuclid v. Ambler
Realty Co., 272 US. 365,47 S.Ct. 114 (1926). -Also
termed use zoning. Cf. non-Euclidean zoning. [Cases:
Zoning and Planning 31.]
"Operating from the premise that everything has its place,
zoning is the comprehensive division of a city into dif
ferent use zones. Use zoning is also known as Euclidean
zoning, taking the name from the leading case of Euclid
v. Ambler Realty Co., which upheld its validity .... In the
typical zoning ordinance each zone has three varieties of
uses: permitted, accessory and conditional. Ordinances
may also specifically prohibit some uses." julian Conrad
Juergensmeyer & Thomas E. Roberts, Land Use Planning
and Development Regulation Law  4.2, at 69 (2003).
exclusionary zoning. Zoning that excludes a specific
class or type of business from a district. [Cases:
Zoning and Planning
floating zoning. Zoning that allots land for particular
uses but does not


Cases:
Zoning and Planning
floating zoning. Zoning that allots land for particular
uses but does not specify the geographic locations for
those uses . This is a type ofnon-Euclidean zoning.
It allows a zoning board to make individual rulings
on every application for a particular use and take
into account the community's current feelings about where or if the use should be allowed. See non-Euclid
ean zoning.
incentive zoning. A relaxation in zoning restrictions
(such as denSity limits) that offers an incentive to a
developer to provide certain public benefits (such as
building low-income housing units). -Also termed
bonus zoning. [Cases: Zoning and Planning
382.1.]
interim zoning. Temporary emergency zoning pending
revisions to existing ordinances or the development
ofa final zoning plan. -Also termed stopgap zoning.
[Cases: Zoning and Planning C=:>22.]
inverse zoning. Zoning that attempts to disperse par
ticular types ofproperty use rather than concentrate
them.
non-Euclidean zoning. Zoning that allows a mix of
land uses in the same area if the uses are or can be
made nonconflicting. For example, a business might
be permitted to operate in a residential area if the
business adopts a certain architecture to blend in with
other structures and has sufficient landscaping and
setback to guarantee that nearby residents will not
suffer excessive noise, pollution, or other nuisances.
Cf. Euclidean zoning.
partial zoning. Zoning that affects only a portion of
a municipality's territory, and that is usu. invalid
because it contradicts the comprehensive zoning
plan. Also termed piecemeal zoning. (Cases: Zoning
and Planning (;::J35, 162.]
private zoning. Ihe use of restrictive covenants in
private agreements to restrict the use and occupancy
of real property . Private zoning often covers such
things as lot size, building lines, architectural speci
fications, and property uses. [Cases: Covenants C=:>
1,49,69.]
reverse spot zoning. Zoning of a large area of land
without regard for the zoning ofa small piece ofland
within that area. [Cases: Zoning and Planning
35,162.]
"When parcels around a given property are rezoned to
allow for higher uses leaving an island of less intensive
use, reverse spot zoning is the result." Donald G. Hagman
&julian Conradjuergensmeyer, Urban Planning and Land
Development Control Law  5.4, at 136 (2d ed. 1986).
spot zoning. Zoning of a particular piece of land
without regard for the zoning of the larger area sur
rounding the land. [Cases: Zoning and Planning Cr'-J
35,162.]
''To the popular mind, spot zoning means the improper
permission to use an 'island' of land for a more intensive
use than permitted on adjacent properties. The popular
definition needs several qualifications .... The set of facts
usually involves an 'island' of more intensive use than sur
rounding property .... Usually the 'island' is small.. .
Furthermore, the term is not properly applied to develop
ment permission that comes about by variance or special
exception. Rather, the term refers to a legislative act, such
as a rezoning, or to a situation in which the 'island' is
created by the original ordinance." Donald G. Hagman &
Julian Conrad Juergensmeyer, Urban Planning and Land
Development Control Law  5.4, at 136 (2d ed. 1986).

1759
stopgap zoning. See interim zoning.
use zoning. See Euclidean zoning.
zoning map. The map that is created by a zoning ordi
nance and shows the various zoning districts. [Cases:
Zoning and Planning C=>30.]
zoning ordinance. (1919) A city ordinance that regulates
the use to which land within various parts of the city
may be put.  It allocates uses to the various districts
ofa municipality, as by allocating residences to certain
parts and businesses to other parts. A comprehensive
zoning ordinance usu. regulates the height of build
ings and the proportion of the lot area that must be
free from buildings. [Cases: Zoning and Planning
21.]
zoning variance. See VARIANCE (2).
zygnomic (zig-noh-mik), adj. Of, relating to, or involving
an act whose evolution directly abridges the freedom
of a person who bears a duty in the enjoyment of a zygote intrafallopian transfer
legal advantage . This rather abstract term was coined
by the philosopher Albert Kocourek in his book Jural
Relations (1927). Cf. MESONOMIC.
zygocephalum (zI-g"-sef-,,-I,,m), n. [Greek ff. zygo-"yoke,
pair" + kephalos "head"] Hist. A measure ofland, esp.
the amount that can be plowed in one day.
zygostates (zI-goh-stay-teez), n. [Greek] Roman law. An
officer who resolved controversies over weight; a public
weigher.
zygote. A two-celled organism formed by the joining of
egg and sperm. Cf. EMBRYO; FETUS.
zygote intrafallopian transfer. A procedure in which
mature eggs are fertilized in a test tube or petri dish
and then injected into a woman's fallopian tubes.
Abbr. ZIFT. Also termed zygote intrafallopian-tube
transfer. Cf. ARTIFICIAL INSEMINATION; GAMETE INTR
AFALLOPIAN TRANSFER; IN VITRO FERTILIZATION.