with a search warrant.
nonoccupational, adj. (1918) 1. Not relating to one's job.
2. Of or relating to a general-disability policy provid
ing benefits to an individual whose disability prevents
that individual from working at any occupation. [Cases:
Insurance (;= 2561(5).J
nonoccupier. (1958) One who does not occupy a particu
lar piece ofland; esp., an entrant on land who is either
an invitee or a licensee. See INVITEE; LICENSEE (2).
non omittas propter liberatem (non <l-mit-<ls prop-tdr
lib-<l-ray-t<lm). [Latin "do not omit because of any
liberty"J Hist. A clause, usu. contained in writs of
execution, directing the sheriff to execute the writ
regardless ofwhether the sheriffhad been granted the
requisite special authority from a franchise (liberty) or
district. [Cases: Execution
nonoperating income. See INCOME.
nonoperative performance bond. See PERFORMANCE
BOND.
nonoriginal bill. See BILL (2).
nonownership theory. Oil & gas. A characterization of
oil-and-gas rights used in a minority ofjurisdictions,
holding that the owner of a severed mineral interest
does not have a present right to possess the oil and gas
in place, but only to search for, develop, and produce
it.  Because there is no right to present possession, the
interest of such an owner in a nonownership-theory
state is akin to a profit a prendre: a right to use the land
and remove items ofvalue from it. This theory is used
in California, Wyoming, Louisiana, and Oklahoma.
Cf OWNERSHIP-IN-PLACE THEORY. [Cases: Mines and
Minerals (;::::;'73.1(2), 73.1(4).J
non pars substantiae sive fundi, sed accidens (non parz
s;:lb-stan-shee-ee sl-vee f3n-dI, sed ak-si-denz). [Law
Latin) Scots law. Not a part ofthe substance or the land,
but an accident. -The phrase appeared in reference to
servitudes, among other things.
nonparticipating, adj. (1859) Ofor relating to not taking
part in something; specif., not sharing or haVing the
right to share in profits or surpluses. Often short
ened to nonpar.
nonparticipating preferred stock. See STOCK.
nonparticipating royalty. See ROYALTY (2). nonpayment. (15c) Failure to deliver money or other
valuables, esp. when due, in discharge ofan obligation.
Cf PAYMENT (1). [Cases: Contracts (;=)312(3).]
nonpecuniary damages. See DAMAGES.
nonpecuniary injury. See irreparable injury under
INJURY.
nonperformance. (16c) Failure to discharge an obliga
tion (esp. a contractual one). Cf. PERFORMANCE; MIS
PERFORMANCE. [Cases: Contracts
nonperforming loan. See LOAN.
nonpersonal action. See ACTION (4).
non plevin (non plev-in). [LatinJ Iiist. The failure to
timely replevy land after it is taken by the Crown on
a default.
non ponendis in assisis etjuratis (non pd-nen-dis in
;:I-sl-zis et juu-ray-tis), n. [Law Latin "not to be put in
assizes and juries"] Hist. A writ discharging a person
from jury duty.
nonpossessoryestate. See FUTURE INTEREST.
nonprivity (non-priv-d-tee). (1902) The fact or state of
not being in privity of contract with another; lack of
privity. See PRIVITY (1). [Cases: Contracts <~:::>186; Sales
(;:=>255.J
horizontal nonprivity. (1982) The lack ofprivity occur
ring when the plaintiff is not a buyer within the dis
tributive chain, but one who consumes, uses, or is
otherwise affected by the goods. For example, a
houseguest who becomes ill after eating meat that
her host bought from the local deli is in horizontal
nonprivity with the deli. [Cases: Sales
vertical nonprivity. (1982) The lack ofprivity occurring
when the plaintiff is a buyer within the distributive
chain who did not buy directly from the defendant. _
For example, someone who buys a drill from a local
hardware store and later sues the drill's manufacturer
is in vertical nonprivity with the manufacturer.
nonprobate, adj. (1919) 1. Ofor relating to some method
oftransmitting property at death other than by a gift by
will <nonprobate distribution>. [Cases: Wills (;:=>4.] 2.
Ofor relating to the property so disposed <nonprobate
assets>. See nonprobate asset under ASSET.
nonprobate asset. See ASSET.
nonprobate property. See nonprobate asset under
ASSET.
non procedendo ad assisam (non proh-s;)-den-doh ad
;:I-SI-zdm). See DE NON PROCEDENDO AD ASSISAM.
non procedendo ad assisam rege inconsulto (non proh
sd-den-doh ad d-SI-Zdm ree-jee in-k<ln-s31-toh). [Latin]
Hist. A writ to put a stop to the trial ofa case (pertain
ing to one who is in the king's service, etc.) when the
king has not been consulted.
nonprofit association. See ASSOCIATION.
nonprofit corporation. See CORPORATION.
Nonproliferation Bureau. See BUREAU OF NONPROLIF
ERATION.

1157 nonservant agent
nonproliferation treaty. See TREATY (1).
non pros (non prahs). abbr. NON PROSEQUITUR.
nonprosecution, affidavit of. See affidavit ofnonprosecu
tion under AFFIDAVIT.
non prosequitur (non pra-sek-w;Har or proh-). [Latin
"he does not prosecute"] (18c) 1he judgment rendered
against a plaintiff who has not pursued the case.
Often shortened to non pros.
nonpubUc forum. (1978) Constitutional law. Public
property that is not designated or traditionally con
sidered an arena for public communication, such as
a jail or a military base . The government's means of
regulating a non public forum need only be reasonable
and viewpoint-neutral to be constitutional. Cf. PUBLIC
FORUM. [Cases: Constitutional Law <8='1748.]
non-purchase-money, adj. (1941) Not pertaining to or
being an obligation secured by property obtained by a
loan <non-purchase-money mortgage>. Cf. purchase
money mortgage under MORTGAGE.
nonqualified deferred-compensation plan. See
EMPLOYEE BENEFIT PLAN.
nonqualified executive-compensation plan. See non
qualified deferred-compensation plan under EMPLOYEE
BENEFIT PLAN.
nonqualified pension plan. See PENSION PLAN.
nonqualified stock option. See STOCK OPTION.
non quieta movere (non kWI-ee-t<l moh-veer-ee), n.
[Latin "not to disturb what is settled"] Stare decisis.
 Non quieta movere expresses the same principle as
stare decisis. It is part ofthe longer phrase stare decisis
et non quieta movere ("to adhere to precedents, and
not to unsettle things that are established"). See STARE
DECISIS. [Cases: Courts <:::='89.]
nonrecognition. (1932) Int'llaw. The refusal ofone gov
ernment to recognize the legitimacy ofanother govern
ment. Cf. RECOGNITION (6).
nonrecognition provision. (1932) Tax. A statutory rule
that allows all or part of a realized gain or loss not to
be recognized for tax purposes . Generally, this type
ofprovision only postpones the recognition ofthe gain
or loss. See RECOGNITION (4).
nonrecourse, adj. (1926) Ofor relating to an obligation
that can be satisfied only out of the collateral securing
the obligation and not out of the debtor's other assets.
[Cases: Bills and Notes 44; Secured Transactions
Cr~227, 240.J
nonrecourse loan. See LOAN.
nonrecourse note. See NOTE (1).
nonrecurring dividend. See extraordinary dividend
under DIVIDEND.
nonrefoulement (non-ri-fowl-mcmt). [FrenchJ A refu
gee's right not to be expelled from one state to another,
esp. to one where his or her life or liberty would be
threatened. Cf. REFOULEMENT.
nonrefund annuity. See A:>I:>IUITY. nonremovable inmate. An alien who, having been
detained, would ordinarily be deportable but cannot be
deported because the United States does not maintain
diplomatic ties with the alien's country of origin.
Also termed indefinite detainee; lifer.
nonrenewal. (1819) A failure to renew something, such
as a lease or an insurance policy. [Cases: Insurance <8='
1894; Landlord and Tenant (;=::81.5-86,94,278.10.
0136.]
nonreporting issuer. See ISSUER.
non repugnantia (non ree-p<'1g-nan-shee-a). [Law Latin]
Scots law. An absence ofopposition, as to a claim.
nonresidence, n. (16c) l. The status ofliving outside the
limits of a particular place. 2. Eccles. law. The absence
of a spiritual person from the benefice . This was an
offense punishable by sequestering the benefice and
forfeiting part of its income.
nonresident, n. (16c) One who does not live within the
jurisdiction in question. Abbr. n.r. -nonresident,
adj.
nonresident alien. See ALIEN.
nonresident decedent. See DECEDENT.
non residentia clerici regis (non rez-i-den-shee-d kler
<I-SI ree-jis). See DE NON RESIDENTIA CLERIC! REGIS.
nonresidential parent. See noncustodial parent under
PARENT.
non residentio pro clerico regis (non rez-i-den-shee-oh
proh kler-<l-koh ree-jis). [Latin "by nonresidence for
a royal clerk"] Hist. A writ ordering a bishop not to
harass a clerk who, being employed in the royal service,
has become a nonresident.
nonresident-motorist statute. A state law governing the
liabilities and obligations of nonresidents who use the
state's highways. [Cases: Automobiles <8='235.]
nonresponsive, adj. 1. (Of a reply to a question, esp.
from a witness under oath) not directly answering the
question asked. [Cases: Witnesses C:::>248.]2. Patents.
(Of a patent applicant's answer) not addreSSing every
rejection, objection, and requirement contained in a
patent examiner's office action . A nonresponsive
reply may render an application abandoned. 37 CFR
1.111. [Cases: Patents (;=:c104.]
nonresponsive answer. See unresponsive answer under
ANSWER (2).
nonretroactivity principle. See NEW-RULE PRINCIPLE.
nonrun time. See dead time under TIME.
non sanae mentis (non say-nee men-tis), adj. [Latin] Not
ofsound mind.
non-self-governing territory. See TERRITORY.
non sequitur (non sek-wa-tar). [Latin "it does not
follow"] (16c) 1. An inference or conclusion that does
not logically follow from the premises. 2. A remark or
response that does not logically follow from what was
previously said. Cf. NON CONSTAT.
nonservant agent. See AGENT (2).

1158 nonservice
nonservice. (i8c) The failure to serve a summons,
warrant, or other process in a civil or criminal case.
nonshareholder constituency. A group of nonstock
holders, such as employees or the public, who have
an interest in the corporation's business -an interest
that the corporation may legally consider, in addition
to shareholders' interests, in making major policy deci
sions. Also termed alternative constituency.
nonskip person. (1988) Tax. A person who is not a skip
person for purposes of the generation-skipping transfer
tax. IRC (26 USCA)  2613(b). See SKIP PERSON. [Cases:
Internal Revenue (;:::>4224.]
nonsolidtation agreement. A promise, usu. in a contract
for the sale of a business, a partnership agreement, or
an employment contract, to refrain, for a specified
time, from either (1) enticing employees to leave the
company, or to lure customers away. [Cases:
Contracts
non solvendo pecuniam ad quam clericus mulctatur
pro non-residentia (non sol-yen-doh pi-kyoo-nee-am
ad kwam kler-a-kas malk-tay-tdr proh non-rez-a-den
shee-a). [Latin] Hist. A writ prohibiting an ordinary
from taking a pecuniary mulct imposed on a clerk of
the sovereign for nonresidence.
nonsovereign state. See STATE.
nonstaple. Patents. An unpatented thing or material that
is a component of a patented product or is used in a
patented process, but that has little or no other practi
cal use . Patentees have a limited right to control the
market for nonstaples through tying agreements. But
if the thing supplied is a staple, the tying agreement is
restraint of trade. 35 USCA  271(d). Cf. STAPLE (3).


agreement is
restraint of trade. 35 USCA  271(d). Cf. STAPLE (3).
nonstatutory, adj. 1. Enforceable by some legal precept
other than enacted law, such as precedent or trade
custom. 2. Patents. Unpatentable for not meeting some
statutory requirement, e.g., novelty, utility, nonobvious
ness, or enabling description. 3. Patents. Ofor relating
to an equitable defense to an infringement claim, esp.
estoppel, inequitable conduct, or laches.
nonstatutory bond. See voluntary bond under BOND
(3).
nonstatutory claim. See omnibus claim under PATENT
CLAIM.
nonstatutory subject matter. Patents. A thing that does
not fit into any of the categories of things that by law
can be patented . Examples include works of nature,
abstract ideas, human movements. 35 USCA  101.
[Cases: Patents
nonstock corporation. See CORPORATION.
non submissit (non sab-mis-it). [Latin "he did not
submit"] In a debt action on a bond to perform an
arbitration award, a defendant's denial that he or she
submitted to the arbitration.
non suijuris (non s[Y]OO-I or soo-ee joor-is), adj. [Latin
"not of one's own right"] Lacking legal age or capacity.
Cf. SUI TURIS. nonsuit, n. (15c) 1. A plaintiff's voluntary dismissal ofa
case or of a defendant, without a decision on the merits .
 Under the Federal Rules ofCivil Procedure, a volun
tary dismissal is equivalent to a nonsuit. Fed. R. Civ. P.
41(a). -Also termed voluntary discontinuance. [Cases:
Federal Civil Procedure (;:::> 1691; Pretrial Procedure
2. A court's dismissal of a case or of a defen
dant because the plaintiff has failed to make out a legal
case or to bring forward sufficient evidence. -Also
termed involuntary nonsuit; compulsory nonsuit. See
judgment ofnonsuit under JUDGMENT. [Cases: Trial
139.1, 159, 384.] -nonsuit, vb.
"It did not follow [in the 15th-18th centuries], of course,
that the issue in a trial at nisi prius would ever get to the
jury at all, for it might be that the plaintiff would be 'non
suited' on the ground that he had failed to prove something
which was essential to his case or that the case which he
had proved was different from that which he had pleaded."
Geoffrey Radcliffe & Geoffrey The English Legal
System 184 (G.J. Hand & D.J. Bentley 6th ed. 1977).
"Nonsuit ... is equivalent to a demurrer to the evidence
in that, even if all facts that plaintiff presents are true, the
evidence is not, as a matter of law, sufficient to entitle
plaintiff to a judgment. However, a voluntary nonsuit,
unlike a demurrer or a directed verdict which resolves
the action on its merits, may result in another trial of the
cause." 75A Am. Jur. 2d Trial  853 (1991).
non sum informatus (non Sdm in-far-may-tds), n. [Latin
"1 am not informed"] Hist. A type of default judgment
based on a defense attorney's statement that the client
gave no instructions to answer the lawsuit.
nonsupport. (1909) family law. The failure to support a
person for whom one is legally obliged to prOVide, such
as a child, spouse, or other dependent . Nonsupport is
a crime in most states. -Also termed criminal nonsup
port; criminal neglect offamily; abandonment ofminor
children; abandonment ofchildren. Cf. SUPPORT. [Cases:
Child Support (;:::>652.]
nontariffbarrier. An official policy, other than a tariff,
that restricts international trade, esp. by limiting
imports or exports. -Abbr. NTB. Cf. NONTARIFF
MEASURE.
nontariff measure. An official policy, other than a tariff,
that affects international-trade conditions, including a
policy that increases trade as well as one that restricts
it. Abbr. NTM. Cf. NONTARIFF BARRIER.
non tenent insimul (non ten-ant in-sim-dl), n. [Latin
"they do not hold together"] Hist. In a partition action,
the defendant's plea denying a joint tenancy with the
plaintiffin the estate at issue.
non tenuit (non ten-yuu-wit). [Latin] In an action of
replevin, the plaintiff's plea in bar to the defendant's
assertion of a rightful taking of property (avowry),
whereby the plaintiff denies holding the property in the
manner and form alleged. [Cases: Replevin C=64.]
nontenure (non ten-Ydr). Hist. A general denial in a real
action, whereby the defendant denies holding some or
all of the land in question.
nonterm. See NON TERMINUS.

1159 norm
non terminus (non ter-mi-n<3s), n. [Law Latin "not the
end"] Hist. The vacation between two terms ofa court.
-In England, it was also called "the time of days ofthe
hng's peace." -Also termed nonterm; non term.
nontestifying expert. See consulting expert under
EXPERT.
nontrading partnership. See PARTNERSHIP.
nontraditional public forum. See designated public
forum under PUBLIC FORUM.
nonunion, adj. (1863) 1. (Of a person or thing) not
belonging to or affiliated with a labor union <a
nonunion worker> <a nonunion contract>. 2. (Of a
position or belief) not favoring labor unions <she will
not alter her nonunion stance>. 3. (Of a product) not
made by labor-union members <the equipment was of
nonunion manufacture>.
nonuse. (16c) 1. The failure to exercise a right <nonuse
ofthe easement>. 2. The condition ofnot being put into
service <the equipment was in nonuse>. 3. Intellectual
property. See ABANDONMENT (8)-(10).
nonuser. The failure to exercise a right (such as a fran
chise or easement), as a result of which the person
having the right might lose it <the government may
not revoke a citizen's voting right because ofnonuser>.
Cf. USER (1).
non usurpavit (non yoo-s;}r-pay-vit). [Latin "he has not
usurped"] A defendant's denial ofan alleged usurpa
tion of an office or franchise.
non utendo (non yoo-ten-do). [Latin) Roman & Scots
law. By nonuse. -Certain rights (such as some servi
tudes) could be lost through neglect of use.
non valentia agere (non v;}-len-shee-<3 aj-<:I-ree). [Latin]
Inability to sue. See NONABILITY.
nonverbal testimony. See TESTIMONY.
non-vessel-operating common carrier. See CARRIER.
nonvital term. See nonfundamental term under TERM
(2).
nonvoluntary euthanasia. See EUTHANASIA.
nonvoting member. See MEMBER.
nonvoting stock. See STOCK.
non vult contendere (non V<3lt k;}n-ten-d<3-ree). [Latin
"he will not contest it") NO CONTEST.
nonwaiver agreement. Insurance. A contract (supple
menting a liability-insurance policy) in which the
insured acknowledges that the insurer's investiga
tion or defense ofa claim against the insured does not
waive the insurer's right to contest coverage later. Cf.
RESERVATION-OF-RIGHTS LETTER. [Cases: Insurance
C=3120.]
nook of land. Hist. A variable quantity of land, often
12.5 acres.
no-oral-modification clause. (1969) A contractual pro
vision stating that the parties cannot make any oral
modifications or alterations to the agreement. Abbr. NOM clause. See INTEGRATION CLAUSE; ZIPPER CLAUSE.
[Cases: Contracts C=238(2).)
no par. See no-par stock under STOCK.
no-par stock. See STOCK.
no-par-value stock. See no-par stock under STOCK.
no-pass, no-play rule. (1984) A state law requiring
public-school students who participate in extracur
ricular activities (such as sports or band) to maintain
a minimum grade-point average or else lose the privi
lege to participate. [Cases: Schools (;:=:> 164.)
no progress. See WANT OF PROSECUTION.
no recourse. l. The lack of means by which to obtain
reimbursement from, or a judgment against, a person
or entity <the bank had no recourse against the individ
ual executive for collection ofthe corporation's debts>.
2. A notation indicating that such means are lacking
<the bill was indorsed "no recourse">. See nonrecourse
loan under LOAN; WITHOUT RECOURSE.
No Religious Test Clause. See RELIGIOUS TEST CLAUSE.
no-retreat rule. (1973) Criminal law. 1he doctrine that
the victim ofa murderous assault may use deadly force
in self-defense if there is no reasonable alternative to
avoid the assailant's threatened harm. - A majority
ofAmerican jurisdictions have adopted this rule. Cf.
RETREAT RULE. [Cases: Homicide C=798.)
no-right, n.(1913) The absence ofright against another in
some particular respect. - A no-right is the correlative
of a privilege. -Also termed liability.
"A says to B, 'If you will agree to pay me $100 forthis horse
you may have him and you may indicate your agreement by
taking him.' This is a physical fact, called an offer, consist
ing of certain muscular acts of A having certain physical
results in B. The legal relations immediately following are
(in part) as follows: B now has the privilege of taking the
horse and A has norightthat he shall not ...." William
R. Anson, Principles of the Law of Contract 321 (Arthur L.
Corbin ed., 3d Am. ed. 1919).
"'No-right' is sometimes derided as being a purely negative
concept. If a no-right is something that is not a right, the
class of no-rights must, it is said, include elephants. The
answer is that negative terms are often useful as alter
native ways of stating propositions involving negatives.
For instance, the terms 'alien,' 'cold,' and 'dark' are all
negative or privative, because their meaning includes the
idea of the absence of something else. The proposition
that A is an alien means that A is not a British subject; in
the one mode of statement the negative is incorporated in
the noun, whereas in the other it is expressed as a separate
word. Similarly the word 'liberty' is negative, and critics
who attack the concept of no right should logically attack
the concept of liberty also.... [l]iberty means 'no-duty
not.' ... [F]or the sake of clear thinking it is necessary to
give each of the four meani ngs [of right] a separate name.
Words like 'noright' and 'no-duty' may seem uncouth at
first sight, but it is surely a clear and useful statement
to say that 'right' sometimes means 'noduty not.'" John
Salmond, Jurisprudence 240-41 n.(u) (Glanville L. Williams
ed., 10th ed. 1947).
norm. (1821) 1. A model or standard accepted (volun
tarily or involuntarily) by society or other large group,
against which society judges someone or something.
An example ofa norm is the standard tor right or wrong

normal 1160
behavior. 2. An actual or set standard determined by
the typical or most frequent behavior of a group.
basic norm. In the legal theory ofHans Kelsen, the law
from which all the other laws in a society derive .
Kelsen's "pure theory oflaw" maintains that laws are
norms.1berefore, a society's legal system is made up
of its norms, and each legal norm derives its validity
from other legal norms. Ultimately, the validity ofall
laws is tested against the "basic norm," which may be
as simple as the concept that all pronouncements of
the monarch are to be obeyed. Or it may be an elabo
rate system of lawmaking, such as a constitution.
Also termedgrundnorm. See PURE THEORY.
normal, adj. (l5c) 1. According to a regular pattern;
natural <it is normal to be nervous in court>. The
term describes not just forces that are constantly and
habitually operating but also forces that operate peri
odically or with some degree offrequency. In this sense,
its common antonyms are unusual and extraordinary.
2. According to an established rule or norm <it is not
normal to deface statues>. 3. Setting a standard or
norm <a normal curriculum was established in the
schools>.
normal balance. A type of debit or credit balance that
is usu. found in ledger accounts . For example, assets
usu. have debit balances and liabilities usu. have credit
balances.
normal college. See NORMAL SCHOOL.
normalized earnings. See EARNINGS.
normalized financial statement. See FINANCIAL STATE
MENT.
normal law. (1904) The law as it applies to persons who
are free from legal disabilities.
normal market. See CONTANGO (1).
normal mind. (1887) A mental capacity that is similar
to that of the majority of people who can handle life's
ordinary responsibilities.
normal school. A training school for public-school
teachers. Normal schools first appeared in the United
States in the 18005 and were two-year post-high-school
training programs for elementary-school teachers. At
the turn of the century, normal schools expanded into
four-year teaching colleges. Most of these institutions
have developed into liberal arts colleges offering a wider
variety of education and teaching programs. Also
termed normal college. [Cases: Colleg


developed into liberal arts colleges offering a wider
variety of education and teaching programs. Also
termed normal college. [Cases: Colleges and Universi
ties
Norman French. A language that was spoken by the
Normans and became the official language of English
courts after the Norman Conquest in 1066 . The
language deteriorated into Law French and continued
to be used until the late 17th century. English became
the official language of the courts in 1731.
normative, adj. (1852) Establishing or conforming to a
norm or standard <Rawls's theory describes normative
principles of justice>.
normative jurisprudence. See NATURAL LAW. Norris-La Guardia Act (nor-is la-gwahr-dee-a). A 1932
federal law that forbids federal courts from ruling on
labor policy and that severely limits their power to
issue injunctions in labor disputes . The statute was
passed to curb federal-court abuses of the injunctive
process, to declare the government's neutrality on labor
policy, to curtail employers' Widespread use ofinjunc
tions to thwart union activity, and to promote the use
of collective bargaining to resolve disputes. 29 USCA
 101-115. -Also termed Labor Disputes Act; Anti
Injunction Act.
Norroy (nor-oy). English law. The third of the three
Kings at Arms (and the chief herald), whose province
lies on the north side ofthe river Trent.  The N orroy's
duties have included the supervision of weddings and
funerals ofnobility. See HERALD.
North American Free Trade Agreement. A 1994 agree
ment between the United States, Canada, and Mexico,
designed to phase out all tariffs and eliminate many
nontariffbarriers (such as quotas) inhibiting the free
trade of goods between the participating nations .
Among other provisions, it set minimum standards
for intellectual-property protection afforded other
members' citizens. Negotiated at the same time as the
GATT talks that produced TRIPs, NAFTA borrowed
from many TRIPs provisions on intellectual-property
protection, as by as protecting computer software and
databases by copyright. While NAFTA incorporates by
reference the Berne Convention standards of intellec
tual-property rights, it exempts the U.S. from recog
nizing Berne's moral rights. -Abbr. NAFTA. [Cases:
Treaties
North Eastern Reporter. A set of regional lawbooks,
part of the West Group's National Reporter System,
containing every published appellate decision from
Illinois, Indiana, Massachusetts, New York, and Ohio,
from 1885 to date . The first series ran from 1885 to
1936; the second series is the current one. -Abbr. N.E.;
N.E.2d.
North Western Reporter. A set of regionallawbooks, part
of the West Group's National Reporter System, con
taining every published appellate decision from Iowa,
Michigan, Minnesota, Nebraska, North Dakota, South
Dakota, and Wisconsin, from 1879 to date . Ihe first
series ran from 1879 to 1941; the second series is the
current one. Abbr. N.W.; N.W.2d.
Northwest Territory. Hist. The first possession of the
United States, being the geographical region south of
the Great Lakes, north of the Ohio River, and east of
the Mississippi River, as designated by the Continen
tal Congress in the late 1700s. This area includes the
present states of Ohio, Indiana, Illinois, Michigan, Wis
consin, and the eastern part of Minnesota.
NOS. abbr. National Ocean Service. See NATIONAL
OCEANIC AND ATMOSPHERIC ADMINISTRATION.
noscitur a sociis (nos-a-tar ay [or ahl soh-shee-is). [Latin
"it is known by its associates"] (I8c) A canon of con
struction holding that the meaning of an unclear word

1161
or phrase should be determined by the words immedi
ately surrounding it. Cf. EJUSDEM GENERIS; EXPRESSIO
UNIUS EST EXCLUSIO ALTERIUS; RULE OF RANK. [Cases:
Statutes 193.]
"The ejusdem generis rule is an example of a broader
linguistic rule or practice to which reference is made by
the Latin tag noscitur a sociis. Words, even if they are not
general words like 'whatsoever' or 'otherwise' preceded
by specific words, are liable to be affected by other words
with which they are associated." Rupert Cross, Statutory
Interpretation 118 (1 976).
nose coverage. See PRIOR-ACTS COVERAGE.
no-setoff certificate. See WAIVER OF DEFENSES.
no-shop provision. A stipulation prohibiting one or
more parties to a commercial contract from pursuing
or entering into a more favorable agreement with a
third party.
nosocomus (nos-<}-koh-m<}s), n. [Greek "an attendant on
the side"] Hist. A person who manages a hospital that
cares for paupers.
no-strike clause. A labor-agreement provision that
prohibits employees from striking for any reason and
establishes instead an arbitration system for resolving
labor disputes.
NOTA. abbr. NATIONAL ORGAN TRANSPLANT ACT.
nota (noh-td), n. [Latin "mark"] Hist. 1. A promissory
note. 2. A brand placed on a person by law.
nota bene (noh-td ben-ee or bee-nee or ben-ay). See
N.B.
notabilis excess us (noh-tab-d-lis ek-ses-ds). [Law Latin]
Hist. A very great excess.
notae (noh-tee), n. pl. [Latin] Hist. Shorthand characters.
See NOTARIUS.
no-talk provision. See confidentiality clause under
CLAUSE.
notarial, adj. (ISc) Of or relating to the official acts ofa
notary public <a notarial seal>. -Also spelled (in Scots
law) notorial. See NOTARY PUBLIC. [Cases: Notaries
6.J
notarial act. (I8c) An official function ofa notary public,
such as placing a seal on an affidavit. See NOTARY
PUBLIC. [Cases: Notaries ~6.)
notarial protest certificate. See PROTEST CERTIFICATE.
notarial record. See JOURNAL OF NOTARIAL ACTS.
notarial register. See JOURNAL OF NOTARIAL ACTS.
notarial seal. See NOTARY SEAL.
notarial will. See WILL.
notario publico. Mexican law. An attorney who has
been licensed for at least three years and is empow
ered to issue judicial opinions, make binding judg
ments in minor cases, mediate disputes, and perform
marriages. There is no equivalent professional status
in the American legal system, and no direct transla
tion ofthe term. The status and duties ofan American
notary public are not comparable to those ofa notario notary seal
publico. -Often shortened to notario. Cf. NOTARY
PUBLIC.
notarius (noh-tair-ee-ds), n. [fro Latin nota "a character
or mark") 1. Roman law. A writer (sometimes a slave)
who takes dictation or records proceedings by short
hand. A notarius was later also called a scriba. 2.
Roman law. An officer ofthe court who takes a magis
trate's dictation by shorthand. Cf. SCRIBA. 3. Hist. An
officer who prepares deeds and other contracts. 4. A
notary or a scribe.
notarize, vb. (Of a notary public) to attest to the authen
ticity of (a Signature, mark, etc.). [Cases: Acknowledg
ment ~8;Notaries
notary public (noh-td-ree), n. (l6c) A person authorized
by a state to administer oaths, certify documents, attest
to the authenticity of signatures, and perform official
acts in commercial matters, such as protesting negotia
ble instruments. Often shortened to notary. -Abbr.
n.p. Cf. NOTARIO PUBLICO. [Cases: Notaries C--::-:. L] PI.
notaries public. -notarize, vb. notarial, adj.
"A notary public is an officer long known to the civil law,
and designated as registrarius, actuarius, or scrivarius."
John Proffatt, A Treatise on the Law Relating to the Office
and Duties ofNotaries Public  1, at 1 Uohn F. Tyler &John
J. Stephens eds., 2d ed. 1892).
"The notary public, or notary, is an official known in nearly
all civilized countries. The office is of ancient origin. In
Rome, during the republic, it existed, the title being rabel
/iones forenses, or personae publicae; and there are records
of the appointment of notaries by the Frankish kings and
the Popes as early as the ninth century. They were chiefly
employed in drawing up legal documents; as scribes or
scriveners they took minutes and made short drafts of
writings, either of a public or a private nature. In modern
times their more characteristic duty is to attest the genu
ineness of any deeds or writings, in order to render the
same available as evidence of the facts therein contained."
Benjamin F. Rex, The Notaries' Manual  1, at 1-2 U.H.
McMillan ed., 6th ed. 1913).
"In jurisdictions where the civilian law prevails, such as
in the countries of continental Europe, a notary public is
a public official who serves as a public witness of facts
transacted by private parties ... and also serves as impar
tiallegal advisor for the parties involved .... In colonial
Louisiana, the notary public had the same rank and dignity
as his continental civilian ancestor .... Although notaries
still constitute a protected profession in present-day Louisi
ana, holding office for life provided they renew their bonds
periodically in compliance with the governing statute, the
importance of their function has diminished over the years
to the point that it has been said that a Louisiana notary is
no longer a truly civilian notary. Indeed, the trained lawyer
is nowadays the Louisiana, and American, counterpart of
the continental civilian notary." Saul Litvinoff, 5 Louisiana
Civil Law Treatise: The Law of Obligations 296-97 (2d ed.
2001).
notary record book. See JOURNAL OF NOTARIAL ACTS.
notary's certificate. A notary's Signed and sealed or
stamped statement attesting to the time and place that
the specified acts and documents were authenticated.
[Cases: Notaries
notary seal. (18c) 1. The imprint or embossment made
by a notary public's seal. [Cases: Notaries ~8.J 2.
A device, usu. a stamp or embosser, that makes an

notation credit 1162
imprint on a notarized document. Also termed
notarial seal.
embossed seal. (1959) 1. A notary seal that is impressed
onto a document, raising the impression above the
surface . An embossed seal clearly identifies the
original document because the seal is only faintly
reproducible. For this reason, this type of seal is
required in some states and on some documents nota
rized for federal purposes. [Cases: Notaries 2.
The embossment made by this seaL
rubber-stamp seal. (1948) I. In most states, a notary
public's official seal, which is ink-stamped onto docu
ments and is therefore photographically reproduc
ible. It typically includes the notary's name, the
state seal, the words "Notary Public," the name of
the county where the notary's bond is filed, and the
expiration date of the notary's commission. [Cases:
Notaries (;:::;8.] 2. 1he imprint made by this seal.
notation credit. (1956) A letter ofcredit specifying that
anyone purchasing or paying a draft or demand for
payment made under it must note the amount of the
draft or demand on the letter. See LETTER OF CREDIT.
[Cases: Banks and Banking C=>191.20.]
note, n. (17c) 1. A written promise by one party (the
maker) to pay money to another party (thepayee) or to
bearer.  A note is a two-party negotiable instrument,
unlike a draft (which is a three-party instrument).
Also termed promissory note. Cf. DRAFT (1). [Cases:
Bills and Notes
accommodation note. A note that an accommodat
ing party has signed and thereby assumed secondary
liability for; ACCOMMODATION PAPER. [Cases: Bills
and Notes C:::)49,
approved indorsed note. A note indorsed by a person
other than the maker to provide additional security.
balloon note. A note requiring small periodic payments
but a very large final payment.  The periodic
payments usu. cover only interest, while the final
payment (the balloon payment) represents the entire
principal.
banker's note. A promissory note given by a private
banker or an unincorporated banking institution.
banknote. See BANKNOTE.
blue note. A note that maintains a life-insurance policy
in effect until the note becomes due. [Cases: Insur
ance C=>2020, 2027.J
bought note. A written memorandum ofa sale deliv
ered to the buyer by the broker responsible for the
sale.
circular note. See LETTER OF CREDIT.
coal note. His/. A promissory note written according
to a statute that required payment for coal out ofany
vessel in the port ofLondon to be in cash or by prom
issory note containing the words "value received in
coal."  Noncompliance with the statute resulted in
a fine of 100. cognovit note. See COGNOVIT NOTE.
collateral note. See secured note.
coupon note. A note with attached interest coupons
that the holder may present for payment as each
coupon matures.
demand note. A note payable whenever the creditor
wants to be paid. See call loan under LOAN.
Bills and Notes C=O129(3).]
exec


wants to be paid. See call loan under LOAN.
Bills and Notes C=O129(3).]
executed note. A note that has been Signed and deliv
ered. [Cases: Bills and Notes ~54-62.]
floating-rate note. A note carrying a variable interest
rate that is periodically adjusted within a predeter
mined range, usu. every six months, in relation to
an index, such as Treasury bill rates. Also termed
floater. [Cases: Bills and Notes 125; Interest
32.]
hand note. A note that is secured by a collateral note.
installment note. A note payable at regular intervals.
Also termed serial note.
inverse-floating-rate note. A note structured in such a
way that its interest rate moves in the opposite direc
tion from the underlying index (such as the London
Interbank Offer Rate) . Many such notes are
investments because ifinterest rates rise, the
ties lose their value and their coupon ""'lllJlll':~
Also termed inverse floater. [Cases: Interest
joint and several note. A note for which multiple
makers are jointly and severally liable for repayment,
meaning that the payee may legally look to all the
makers, or anyone ofthem, for payment ofthe entire
debt. See joint and several liability under LIABILITY.
[Cases: Bills and Notes ~120.]
joint note. A note for which multiple makers are jOintly,
but not severally, liable for repayment, meaning that
the payee must legally look to all the makers together
for payment ofthe debt. See joint liability under LIA
BILITY. [Cases: Bills and Notes (;:::; 120.]
mortgage note. A note evidencing a loan for which real
property has been offered as security. [Cases: Mort
gages~14.]
negotiable note. See NEGOTIABLE INSTRUMENT.
nonrecourse note. A note that may be satisfied upon
default only by means ofthe collateral securing the
note, not bythe debtor's other assets. Cf. recourse note.
[Cases: Bills and Notes Secured Transactions
(;:::;227,240.)
note ofhand. See promissory note.
post note. See time note.
premium note. A promissory note given by an insured
to an insurance company for part or all of the
premium.
promissory note. (18c) An unconditional written
promise, signed by the maker, to pay absolutely and in
any event a certain sum ofmoney either to, or to the
order of, the bearer or a designated person. Also

1163 not guilty
termed noie of hand. [Cases: Bills and Notes
28-53.)
recourse note. A note that may be satisfied upon default
by pursuing the debtor's other assets in addition to
the collateral securing the note. Cf. nonrecourse note.
[Cases: Secured Transactions C=>227, 240.)
reissuable note. A note that may again be put into cir
culation after having once been paid.
renewal note. A note that continues an obligation that
was due under a prior note. [Cases: Bills and Notes
C:::> 138, 141.)
sale note. A broker's memorandum on the terms of a
sale. given to the buyer and seller.
savings note. A short-term, interest-bearing paper
issued by a bank or the U.S. government.
secured note. A note backed by a pledge of real or
personal property as collateral. Also termed col-
la teral note.
self-canceling installment note. A debt obligation
that is automatically extinguished at the creditor's
death. Any remaining balance on the note becomes
uncollectible. Self-canceling notes are typically used
in estate planning. -Abbr. SCIN. [Cases: Internal
Revenue (::::-'4159(7).]
serial note. See installment note.
sold note. A written memorandum of sale delivered to
the seller by the broker responsible for the sale, and
usu. outlining the terms of the sale. See CONFIRMA
TION SLIP.
stock note. A note that is secured by securities. such as
stocks or bonds.
tax-anticipation note. A short-term obligation issued
by state or local governments to finance current
expenditures and that usu. matures once the local
government receives individual and corporate tax
payments. -Abbr. TAN. [Cases: Municipal Corpo
rations C=>908.]
time note. A note payable only at a specified time and
not on demand. -Also termed post note. [Cases: Bills
and Notes 129.]
treasury note. See TREASURY NOTE.
unsecured note. A note not backed by collateral.
2. A scholarly legal essay shorter than an article and
restricted in scope, explaining or criticizing a par
ticular set of cases or a general area of the law, and
usu. written by a law student for publication in a law
review. -Also termed comment; lawnote. Cf. ANNOTA
TION. 3. A minute or memorandum intended for later
reference; MEMORANDUM (1).
broker's note. A memorandum, usu. one authorizing a
broker to act as a principal's agent, that is prepared by
the broker and a copy given to the principal. [Cases:
Brokers 12.]
note, vb. (13c) 1. To observe carefully or with particu
larity <the defendant noted that the plaintiff seemed nervous>. 2. To put down in writing <the court reporter
noted the objection in the record>. 3. Archaic. To brand
<as punishment, the criminal was noted>. See NOTA.
note broker. See BROKER.
note of a fine. Hist. English law. A step in the judicial
process for conveying land, consisting of a chirogra
pher's brief of the proceedings before the documents
of conveyance are engrossed. Also termed abstract
ofafine. See FINE (1).
note of allowance. English law. A master's note, upon
receiving a party's memorandum of an error oflaw in
a case, allowing error to be asserted.
note of hand. See promissory note under NOTE (1). PI.
notes of hand.
note ofprotest. A notary's preliminary memo, to be for
malized at a later time, stating that a negotiable instru
ment was neither paid nor accepted upon presentment.
See PROTEST. [Cases: Bills and Notes (::::-"408.J
note payable. See account payable under ACCOUNT.
note receivable. See account receivable under
ACCOUNT.
no-term lease. Oil & gas. A mineral lease with a drilling
delay rental clause that allows the lessee to extend the
primary term indefinitely by paying delay rentals .
No-term leases were common at the end of the 19th
century. Some courts refused to enforce them on the
ground that they created a mere estate at will, termi
nable at the will ofeither the lessor or the lessee. Other
courts upheld them, but with the stipulation that the
lessee had an obligation to either test or release the lease
within a reasonable time. [Cases: Mines and Minerals
C=>73.5,78.1(3).]
note verbal (noht vilr-bdl). Int'llaw. An unSigned dip
lomatic note, usu. written in the third person, that
sometimes accompanies a diplomatic message or note
of protest to further explain the country's position or
to request certain action. -Also spelled note verbale
(vair-bahl).
not-for-profit corporation. See nonprofit corporation
under CORPORATION.
not found. Words placed on a bill ofindictment, meaning
that the grand jury has insufficient evidence to support
a true bill. See IGNORAMUS; NO BILL. Cf. TRUE BILL.
not guilty. (15c) 1. A defendant's plea denying the crime
charged. [Cases: Criminal Law C=>299.] 2. A jury
verdict acquitting the defendant because the prosecu
tion failed to prove the defendant's guilt beyond a rea
sonable doubt. Cf. INNOCENT.
notguilty by reason ofinsanity. (1844) 1. A not -guilty
verdict, based on mental illness, that usu. does not
release the defendant but instead results in com
mitment to a mental institution. [Cases: Criminal
Law (::::-;47; Homicide C=>817.) 2. A criminal defen
dant's plea of not guilty that is based on the insanity
defense. -Abbr. NGRI. Also termed not guilty on
the ground ofinsanity. See INSANITY DEFENSE. [Cases:
Criminal LawC:::>286.5.J

1164 not-guilty plea
3. Common-law pleading. A defendant's plea denying
both an act of trespass alleged in a plaintiff's declara
tion and the plaintiff's right to possess the property
at issue.
"In trespass, whether to person or property, the general
issue is 'not guilty.' It operates in the first place as a denial
that the defendant committed the act of trespass alleged,
to wit, the application of force to the plaintiff's person, the
entry on his land, or the taking or damages of his goods.
It also denies the plaintiff's possession, title, or right of
possession of the land or goods." Benjamin J Shipman,
Handbook of Common-Law Pleading  170, at 307-08
(Henry Winthrop Ballantine ed., 3d ed. 1923).
not guilty by statute. Hist. Under certain acts of Par
liament, the pleading form for a defendant's general
denial in a civil action . This pleading form allowed
a public officer to indicate action under a statute.
The officer had to write the words "by statute" in the
margin along with the year, chapter, and section of
the applicable statute, and the defendant could not file
any other defense without leave ofcourt. The right to
plead "not guilty by statute" was essentially removed
by the Public Authorities Protection Act of 1893.
4. A general denial in an ejectment action. [Cases:
Ejectment C=:=>68.]
''The general issue in ejectment is not guilty. This plea
operates as follows: (l) As a denial of the unlawfulness of
the withholding; i.e., of the plaintiff's title and right of pos
session. (2) All defenses in excuse or discharge, including
the statute of limitations, are available under the general
issue in ejectment." Benjamin j. Shipman, Handbook of
Common-Law Pleading  188, at 333 (Henry Winthrop Bal
lantine ed., 3d ed. 1923).
not-guilty plea. See PLEA (1).
nothous (noh-thds), adj. Archaic. Spurious; illegiti
mate.
nothus (noh-thds), n. [Latin fro Greek nothos "false"]
Roman law. An illegitimate child; one of base birth.
Ifthe child's mother was a Roman citizen, the child was
also a Roman citizen. -Also termed spurius.
notice, n. (16c) 1. Legal notification required by law or
agreement, or imparted by operation oflaw as a result
of some fact (such as the recording of an instrument);
definite legal cognizance, actual or constructive, ofan
existing right or title <under the lease, the tenant must
give the landlord written notice 30 days before vacating
the premises> . A person has notice ofa fact or condi
tion ifthat person (1) has actual knowledge ofit; (2) has
received information about it; (3) has reason to know
about it; (4) knows about a related fact; or (5) is con
sidered as having been able to ascertain it by checking
an official filing or recording. [Cases: Constitutional
Law C=:=>251.6, 309; Notice C=:=> 1.] 2. The condition
of being so notified, whether or not actual awareness
exists <all prospective buyers were on notice of the
judgment lien>. Cf. KNOWLEDGE. [Cases: Sales C=:=>
235; Vendor and Purchaser C=:=>225.] 3. A written or
printed announcement <the notice of sale was posted
on the courthouse bulletin board>.
actual notice. (18c) 1. Notice given directly to, or
received personally by, a party. -Also termed express notice. [Cases: Notice C=:=> 1.5.] 2. Property. Notice
given by open possession and occupancy of real
property. [Cases: Vendor and Purchaser C=:=>232.]
adequate notice. See due notice.
commercial-law notice. Under the UCC, notice of a
fact arising either as a result of actual knowledge or
notification ofthe fact, or as a result ofcircumstances
under which a person would have reason to know of
the fact. UCC  1-201(25). [Cases: Sales C=:=>235.]
constructive notice. (18c) Notice arising by presump
tion of law from the existence of facts and circum
stances that a party had a duty to take notice of, such
as a registered deed or a pending lawsuit; notice
presumed by law to have been acquired by a person
and thus imputed to that person. -Also termed legal
notice. [Cases: Notice C=:=>4; Vendor and Purchaser
C=:=>229.]
direct notice. (17c) Actual notice ofa fact that is brought
directly to a party's attention. -Also termed positive
notice.
due notice. (17c) Sufficient and proper notice that is
intended to and likely to reach a particular person or
the public; notice that is legally adequate given the
particular circumstance. -Also termed adequate
notice; legal notice.
express notice. (18c) Actual knowledge or notice given
to a party directly, not arising from any inference,
duty, or inquiry. See actual notice. [Cases: Notice C=:=>
2.]
fair notice. (17c) 1. Sufficient notice apprising a litigant
ofthe opposing party's


fair notice. (17c) 1. Sufficient notice apprising a litigant
ofthe opposing party's claim. 2. The requirement that
a pleading adequately apprise the opposing party of
a claim . A pleading must be drafted so that an
opposing attorney of reasonable competence would
be able to ascertain the nature and basic issues ofthe
controversy and the evidence probably relevant to
those issues. 3. FAIR WARNING. [Cases: Federal Civil
Procedure C=:=>673; Pleading C=:=>48.]
immediate notice. 1. Notice given as soon as possible.
2. More commonly, and esp. on notice of an insur
ance claim, notice that is reasonable under the cir
cumstances. [Cases: Insurance ~~3154.]
implied notice. (18c) Notice that is inferred from facts
that a person had a means of knowing and that is
thus imputed to that person; actual notice offacts or
circumstances that, if properly followed up, would
have led to a knowledge of the particular fact in
question. -Also termed indirect notice; presump
tive notice. [Cases: Notice C=:=>3.]
imputed notice. (1831) Information attributed to a
person whose agent, having received actual notice
of the information, has a duty to disclose it to that
person. For example, notice of a hearing may be
imputed to a witness because it was actually disclosed
to that witness's attorney ofrecord. [Cases: Principal
and Agent C=:=> 177(1).]
indirect notice. See implied notice.

1165
inquiry notice. (1945) Notice attributed to a person
when the information would lead an ordinarily
prudent person to investigate the matter further;
esp., the time at which the victim of an alleged secu
rities fraud became aware of facts that would have
prompted a reasonable person to investigate. [Cases:
Notice <>:)6; Vendor and Purchaser (;::::;229.]
judicial notice. See JlJDICIAL NOTICE.
legal notice. 1. See constructive notice. 2. See due
notice.
notice by publication. See public notice.
personal notice. (17c) Oral or written notice, according
to the circumstances, given directly to the affected
person.
positive notice. See direct notice.
presumptive notice. See implied notice.
public notice. (16c) Notice given to the public or
persons affected, usu. by publishing in a newspaper of
general circulation . This notice is usu. required, for
example, in matters of public concern. Also termed
notice by publication. [Cases: Notice
reasonable notice. Notice that is fairly to be expected or
required under the particular circumstances.
record notice. (1855) Constructive notice of the contents
of an instrument, such as a deed or mortgage, that
has been properly recorded. [Cases: Vendor and Pur
chaser (:='231.]
short notice. Notice that is inadequate or not timely
under the circumstances.
4. Intellectual property. A formal sign attached to
items that embody or reproduce an intellectual
property right.  Notice of patent is made by placing
the word "patent" Cor its abbreviation, "pat.") and the
item's patent number on an item made by a patentee
or licensee. There are three statutory notice forms for
U.S. trademark and servicemark registration. The most
common is the symbol with the letter R C} but "Reg.
U.S. Pat. & Tm. Off." or "Registered in U.S. Patent and
Trademark Office" affords the same legal protection.
A copyright notice also takes several forms. The first
part may be the symbol with the letter C in a circle
(), or the word "Copr." or "Copyright." It must be
followed by the copyright owner's name and the year
that the work was first published. Informal signs, such
as "Brand," "TM," "Trademark," "SM," and "Service
Mark," adjacent to words or other symbols considered
to be protectable marks are not legal notices of exclusive
rights. [Cases: Patents Trademarks C::c 1250.]
5. Parliamentary law. A meeting's published call. See
call ofa meeting under CALL (1). 6. Parliamentary law.
A formal statement that certain business may come
before a meeting, usu. made at an earlier meeting or
published with the call of the meeting that will consider
the business, and made as a prerequisite to the busi
ness's consideration. See call ofa meeting under CALL
(1). Also termed previous notice. notice of allowability
notice, vb. (15c) 1. To give legal notice to or of <the plain
tiff's lawyer noticed depositions of all the experts that
the defendant listed>. 2. To realize or give attention to
<the lawyer noticed that the witness was leaving>.
notice act. See NOTICE STATlJTE.
notice-and-comment period. Administrative law. The
statutory time frame during which an administrative
agency publishes a proposed regulation and receives
public comment on the regulation. _ The regulation
cannot take effect until after this period expires.
Often shortened to comment period. [Cases: Admin
istrative Law and Procedure C~J394,395.]
notice-and-comment rulemaking. See informal rule-
making under RULEMAKING.
notice-based quorum. See QUORlJM.
notice by publication. See public notice under NOTICE.
notice doctrine. (1924) The equitable doctrine that when
a new owner takes an estate with notice that someone
else had a claim on it at the time of the transfer, that
claim may still be asserted against the new owner even
ifit might have been disregarded at law. -Also termed
doctrine ofnotice.
notice filing. The perfection of a security interest under
Article 9 of the DCC by filing only a financing state
ment, as opposed to a copy or abstract of the security
agreement. .1be finanCing statement must contain (1)
the debtor's signature, (2) the secured party's name and
address, (3) the debtor's name and mailing address, and
(4) a description of the types of, or items of, collateraL
[Cases: Secured Transactions <8=>92.]
notice of abandonment. 1. The formal notification that
an action will no longer be pursued, such as notice from
a plaintiff to a defendant that litigation will be non
suited. 2. Property. A formal announcement, usu. in
writing and recorded, that a person is relinquishing a
claim to personal or real property. 3. Patents. A written
declaration from the United States Patent Office to a
patent applicant that the application has been termi
nated because the applicant failed to pursue prosecu
tion. 4. Construction law. A builder's or contractor's
announcement that work on unfinished property is
being discontinued. See ABANDONMENT.
notice-of-alibi rule. (1969) The principle that, upon
written demand from the government, a criminal
defendant who intends to call an alibi witness at trial
must give notice of who that witness is and where the
defendant claims to have been at the time ofthe alleged
offense . The government is, in turn, obligated to give
notice to the defendant of any witness it intends to call
to rebut the alibi testimony. See Fed. R. Crim. P. 12.1.
[Cases: Criminal Law <8=>629(9).]
notice ofallowability. Patents. Notification from the U.S.
Patent and Trademark Office that at least one claim in a
patent application has been approved on their merits.
 This notice is followed by the Notice of Allowance.
The notice may also be issued if at least one claim is
allowable but the application is under a secrecy order.

1166 notice of allowance
It may include examiner's amendments incorporating
some formal changes. [Cases: Patents C=:::> 104.]
notice of allowance. 1. Patents. The formal notification
from the u.s. Patent and Trademark Office that a patent
application has been approved and that a patent can be
issued. The patent itself is not issued until the appli
cant has paid the issue fee. [Cases: Patents 104.]
2. Trademarks. The formal notification from the U.S.
Patent and Trademark Office that a trademark may be
placed on the Principal Register if it is actually used
in commerce.
notice of appeal. (IBc) A document filed with a court
and served on the other parties, stating an intention to
appeal a trial court's judgment or order . In most juris
dictions, filing a notice of appeal is the act by which the
appeal is perfected. For instance, the Federal Rules of
Appellate Procedure provide that an appeal is taken
by filing a notice ofappeal with the clerk of the district
court from which the appeal is taken, and that the clerk
is to send copies of the notice to all the other parties'
attorneys, as well as the court ofappeals. Fed. R. App.
P. 3(a), (d). Also termed claim ofappeal. See APPEAL.
Appeal and Error (~396-430; Criminal Law
lOBI; Federal Courts G:::)665.1.]
notice of appearance. (1844) 1. Procedure. A party's
written notice filed with the court or oral announce
ment on the record informing the court and the other
parties that the party wants to participate in the case.
[Cases: Appearance C=:::>6; Federal Civil Procedure
C=:::>561.j2. Bankruptcy. A written notice filed with the
court or oral announcement in open court by a person
who wants to receive all pleadings in a particular case.
 This notice is usu. filed by an attorney for a creditor
who wants to be added to the official service list. 3. A
pleading filed by an attorney to notify the court and
the other parties that he or she represents one or more
parties in the lawsuit. -Abbr. NOA.
notice of completion. Construction law. A written and
recorded announcement that a building project is
finished, thereby limiting the time for filing mechanic's
liens against the property . The time for filing a lien
begins to run when the notice of completion is filed.
[Cases: Mechanics' Liens C=:::> 132(4).]
notice ofcopyright. See COPYRIGHT NOTICE.
notice ofdeficiency. See NINETY-DAY LETTER.
notice of dishonor. (1804) Notice to the indorser of
an instrument that acceptance or payment has been
refused. This notice -along with presentment and
actual dishonor -is a condition ofan indorser's sec
ondary liability. UCC  3-503(a). Also termed cer
tificate ofprotest; certificate ofdishonor. [Cases: Bills
and Notes C=:::>393, 411.1
notice ofincomplete application. Patents. A notice sent
to the applicant by the U.S. Patent and Trademark Office
when a patent application lacks a required document or
the filing fee. The applicant generally has two months
to complete the application, with an extension available upon payment ofa surcharge. [Cases: Patents
104.)
notice oflis pendens. See LIS PENDENS (3).
notice ofmotion. (lSc) Written certification that a party
to a lawsuit has filed a motion or that a motion will
be heard or considered by the court at a particular
time. Under the Federal Rules of Civil Procedure,
the requirement that a motion be made in writing is
fulfilled ifthe motion is stated in a written notice of the
hearing on the motion. Also, the courts in most juris
dictions require all motions to include a certificate, usu.
referred to as a certificate of service, indicating that the
other parties to the suit have been given notice of the
motion's filing. Notice ofany hearing or other submis
sion of the motion must usu. be provided to all parties
by the party requesting the hearing or submission. Fed.
R. Civ. P. 5(d), 7(b)(l); Fed. R. Civ. P. Form 19. [Cases:
Federal Civil Procedure C=:::>921; Motions IB.1.]
notice ofnonresponsibility. Construction law. A written
disclaimer that, ifposted conspicuously and recorded,
relieves a property owner from liability for work or
materials used on the property without the owner's
authorization . It protects an owner against mechan
ic's liens that could arise when repairs or improvements
are made by a tenant or other person in possession.
[Cases: Mechanics' Liens C'~7S.]
notice of orders or judgments. (1854) Written notice
of the entry ofan order or judgment, proVided by the
court clerk or one of the parties . Notice ofa judgment
is usu. provided by the clerk of the court in which the
judgment was entered. Ifthe court does not provide
notice, a party is usu. required to provide it. Under the
Federal Rules ofCivil Procedure and the Federal Rules
of Criminal Procedure, the clerk is required to provide
immediate notice ofany order or judgment to any party
to the case who is not in default. Fed. R. Civ. P. 77(d);
Fed. R. Crim. P. 49(c). [Cases: Federal Civil Procedure
,~~'/.n.rn:Judgment C=:::>276; Motions
notice of pendency. See LIS PENDENS (3).
notice of prior-art references. Patents. Notification
from a patent examiner of the previously issued patents
used in rejecting one or more ofthe applicant's claims.
[Cases: Patents G=>108.]
notice of protest. 1. A statement, given usu. by a
notary public to a drawer or indorser of a negotiable
instrument, that the instrument was neither paid
nor accepted; information proVided to the drawer or
indorser that protest was made for nonacceptance or
nonpayment of a note or bill. See PROTEST (2). [Cases:
Bills and Notes G=40B.] 2. A shipowner's or crew's
declaration under oath that damages to their vessel or
cargo were the result of perils of the sea and that the
shipowner is not liable for the damages. See PERIL OF
THE SEA.
notice of removal. (1892) The pleading by which the
defendant removes a case from state court to federal


.
notice of removal. (1892) The pleading by which the
defendant removes a case from state court to federal
court.  A notice of removal is filed in the federal
district court in the district and division in which the

1167
suit is pending. The notice must contain a short and
plain statement of the grounds for removal and must
include a copy ofall process, pleadings, and orders that
have been served on the removing party while the case
has been pending. The removing party must also notify
the state court and other parties to the suit that the
notice of removal has been filed. A notice of removal
must be filed, if at all, within 30 days after the defen
dant is served with process in the suit. 28 {JSCA  1446;
Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526
U.S. 344, 119 S.Ct. 1322 (1999). [Cases: Removal of
Cases C~86, 87.}
notice of trial. (17c) A document issued by a court
informing the parties ofthe date on which the lawsuit
is set for trial. _ While the court typically proVides the
notice to all parties, it may instead instruct one party
to send the notice to all the others. [Cases: Federal Civil
Procedure 1966; Trial (:=>6.}
notice pleading. See PLEADING (2).
notice-prejudice rule. A doctrine barring an insurer
from using late notice as a reason to deny an insured's
claim unless the insurer can show that it was prejudiced
by the untimely notice. [Cases: Insurance C:::>3168.J
notice-race statute. See RACE-NOTICE STATUTE.
notice statute. (1864) A recording act providing that
the person with the most recent valid claim, and who
purchased without notice of an earlier, unrecorded
claim, has priority. _ About halfthe states have notice
statutes. Also termed notice act. Cf. RACE STATUTE;
RACE-:l/OTICE STATUTE. [Cases: Vendor and Purchaser
(:::::)2 3 L]
notice to admit. See REQUEST FOR ADMISSION.
notice to all the world. A general public announcement
regarding a lawsuit, esp. to persons within the jurisdic
tion where a lawsuit is pending.
notice to appear. (17c) A summons or writ by which a
person is cited to appear in court. -This is an informal
phrase sometimes used to refer to the summons or
other initial process by which a person is notified ofa
lawsuit. The Federal Rules of Civil Procedure require
the summons to state that the defendant must appear
and defend within a given time and that failure to do
so will result in a default judgment. Fed. R. Civ. P. 4(a).
See PROCESS; SUMMONS; DEFAULT JUDGMENT; NOTICE
TO PLEAD.
notice to creditors. Bankruptcy. A formal notice to credi
tors that a creditors' meeting will be held, that proofs of
claim must be filed, or that an order for re1iefhas been
granted. [Cases: Bankruptcy (:=>2131.]
notice to pay rent or quit. See KOTICE TO QUIT.
notice to plead. (ISc) A warning to a defendant, stating
that failure to file a responsive pleading within a pre
scribed time will result in a default judgment. -1he
Federal Rules ofCivil Procedure require the summons
to notify the defendant that failure to appear and
defend within a prescribed time will result in a default
judgment. Fed. R. Civ. P. 4(a). See PROCESS; SUMMONS; notoriety
DEFAULT JUDGMENT; NOTICE TO APPEAR. [Cases:
Pleading (:=>83; Process (:=>33.]
notice to produce. See REQUEST FOR PRODUCTION.
notice to quit. (18c) 1. A landlord's written notice
demanding that a tenant surrender and vacate the
leased property, thereby terminating the tenancy.
[Cases: Landlord and Tenant (:=>94, 116(2), 116(5),
120(2).] 2. A landlord's notice to a tenant to pay any
back rent within a specified period (often seven days)
or else vacate the leased premises. -Also termed notice
to pay rent or quit.
notification. (I5c) 1. Int'llaw. A formal announcement
ofa legally relevant fact, action, or intent, such as notice
of an intent to withdraw from a treaty. 2. NOTICE. -A
person receives notification ifsomeone else (1) informs
the person of the fact or of other facts from which the
person has reason to know or should know the fact, or
(2) does an act that, under the rules applicable to the
transaction, has the same effect on the legal relations
ofthe parties as the acquisition ofknowledge. Restate
ment ofAgency  9(2).
notify. vb. (l4c) 1. To inform (a person or group) in
writing or by any method that is understood <I notified
the court ofthe change in address>. 2. Archaic. To give
notice of; to make known <to notify the lawsuit to all
the defendants>. See NOTICE.
noting protest. See PROTEST (2).
not in order. See OUT OF ORDER (1).
notio (noh-shee-oh), n. [fr. Latin noscere "to know"]
1. Roman law. An investigation of a case by a magis
trate. 2. Hist. The authority of a judge to try a case. PI.
notiones (noh-shee-oh-neez).
notitia (noh-tish-ee-a), n. [Latin "knowledge"]l. Roman
law. Knowledge; information. -This term carried over
for a time into English practice. 2. Roman law. A list;
register; catalogue . The Notitia Dignitatum (dig-ni
tay-tam) was a list of the high offices in the Eastern
and Western parts of the empire, complied in the late
fourth or early fifth century A.D. 3. Hist. Notice. 4. A
list ofecclesiastical sees.
not law. A judicial decision regarded as wrong by the
legal profession.
"Even when it is not possible to point out any decision
that affects the point in question in anyone of the ways
enumerated, it sometimes happens that the profeSSion has
grown to ignore the old decision as wrong or obsolete: and
though this does not happen often, when it does happen,
the old deCision is very likely not to be followed in case the
point is squarely raised again. This is one of the instances
in which lawyers rather mystically, though soundly, say that
a decision is 'not law,'" William M. Lile et aI., BriefMaking
and the Use ofLaw Books 329 (3d ed. 1914).
notorial. See NOTARIAL.
notoriety. (16c) 1. The state ofbeing generally, and often
unfavorably, known and spoken of <the company exec
utive achieved notoriety when she fled the country to
. avoid paying taxes>. 2. A person in such a state <the
i notoriety gave a rare interview>.

notorious, adj. (15c) 1. Generally known and spoken of,
usu. unfavorably. 2. (Of the possession ofproperty) so
conspicuous as to impute notice to the true owner.
Also termed (in sense 2) open and notorious. See
ADVERSE POSSESSION. [Cases: Adverse Possession (;:::;
30.]
notorious cohabitation. See COHABITATION.
notorious insolvency. Scots law. A bankruptcy; the stage
ofinsolvency in which the debtor has publicly acknowl
edged insolvency under the statute . This stage is usu.
followed by sequestration, which is notorious insol
vency coupled with the appointment of a trustee for
creditors. -Also termed notour bankruptcy.
"Bankruptcy, according to the law of Scotland, is public
or notorious insolvency. When a debtor in an obligation
cannot fulfil his obligation as undertaken ... a position
which constitutes insolvency -and makes public acknowl
edgment, in manner determined by statute, of his inabil
ity, the status or condition of bankruptcy has arisen, and
the insolvent debtor is, in the language of the statutes, a
'notour' bankrupt .... The law of notour bankruptcy is
mainly statutory. Legislation has fixed the circumstances
which constitute the status, and determined all the most
important results." George Watson, Bel/'s Dictionary and
Digest of the Law ofScotland 78 (3d ed. 1882).
notorious possession. See POSSESSION.
not otherwise indexed by name. A phrase used in
shipping and tariff construction, usu. to show a classi
fication ofsomething generally rather than specifically.
 For example, a shipment ofaircraft and boat engines
merely labeled "other articles" is not otherwise indexed
by name. -Abbr. NOlBN. [Cases: Carriers (;:::; 189.]
notour bankruptcy. See NOTORIOUS INSOLVENCY.
not possessed. Common-law pleading. In an action in
trover, the defendant's plea denying possession of the
articles allegedly converted. See TROVER.
not proven. An archaic jury verdict -now used only in
Scots criminal law -equivalent in result to not guilty,
but carrying with it a strong suspicion ofguilt not fully
proved. -Also termed Scotch verdict.
not satisfied. A form of return by a sheriff or constable,
on a writ ofexecution, indicating only that the amount
due on a judgment was not paid . A general return of
this type is usu. viewed as technically deficient because
it does not state why the writ was not satisfied. Cf.
NULLA BONA. [Cases: Execution (;:::;334.]
not sufficient funds. (1845) The notation of dishonor
(of a check) indicating that the drawer's account does
not contain enough money to cover payment. -Abbr.
NSF. -Also termed insufficient funds.
notwithstanding, prep. (15c) Despite; in spite of <not
withstanding the conditions listed above, the landlord
can terminate the lease if the tenant defaults>.
n.o.v. abbr. NON OBSTANTE VEREDICTO.
nova causa interveniens. See intervening cause under
CAUSE (1).
nova causa obligationis (noh-vd kaw-zd ahb-li-gay-shee
oh-nis). [Latin] Hist. A new ground of obligation. nova custuma (noh-vd kds-t[y]d-md), n. [Law Latin
"new custom"] Hist. A tax; an imposition. Cf. ANTIQUA
CUSTUMA.
nova debita (noh-vd deb-i-td). [Latin] Scots law. New
debts, as distinguished from preexisting ones.
"A security granted by a debtor within sixty days of his
bankruptcy for a debt contracted before that period is
reducible as a fraudulent preference. But security or
payment granted in consideration of a novum debitum
a debt presently contracted -is not reducible although
granted within the sixty days." John Trayner, Trayner's Latin
Maxims 402 (4th ed. 1894).
novae narrationes (noh-vee nd-ray-shee-oh-neez), n.
[Law Latin "new counts or tales"] Hist. A collection of
pleading forms published during the reign of Edward
III.
novalia (noh-vay-Iee-d). [Law Latin "new lands" or
"newly tilled land"] Scots law. Land newly cultivated.
 Exemptions from paying teinds, or tithes, were some
times granted for novalia.
nova statuta (noh-vd Std-t[y]oo-td), n. pI. [Law Latin]
Hist. New statutes . This term refers to the statutes
passed beginning with the reign of Edward III. Cf.
VETERA STATUTA.
novation (noh-vay-shdn), n. (16c) 1. The act of sub
stituting for an old obligation a new one that either
replaces an existing obligation with a new obligation
or replaces an original party with a new party. A
novation may substitute (1) a new obligation between
the same parties, (2) a new debtor, or (3) a new creditor.
2. A contract that (1) immediately discharges either a
previous contractual duty or a duty to make compensa
tion, (2) creates a new contractual duty, and (3) includes
as a party one who neither owed the previous duty nor
was entitled to its performance. -Also termed substi
tuted agreement; (Scots law) innovation.; (Roman law)
novatio (noh-vay-shee-oh). See STIPULATIO AQUILI
ANA; substituted contract under CONTRACT; ACCORD
(2). [Cases: Novation l.] -novate (noh-vayt or
noh-vayt), vb. -novatory (noh-vd-tor-ee), adj.
"Novation is the emerging and transfer of a prior debt into
another obligation either civil or natural, that is, the con
stitution of a new obligation in such a way as to destroy a
prior one." Ulpian, D.46.2.1 pro
''The only way in which it is possible to transfer contractual
duties to a third party is by the process of novation, which
requires the consent of the other party to the contract. In
fact novation really amounts to the extinction of the old
obligation, and the creation of a new one, rather than to
the transfer of the obligation from one person to another.
Thus if B owes A 100, and C owes B the same amount, B
cannot transfer to C the legal duty of paying his debt to A
without A's consent. But ifA agrees to accept C as a debtor
in place of B, and if C agrees to accept A as his creditor in
place of B, the three parties may make a tripartite agree
ment to this effect, known as novation. The effect of this
is to extinguish B's liability to A and create a new liability
on the part of c." P.S. Atiyah, An Introduction to the Law of
Contract 283 (3d ed. 1981).
"The word 'novation' is used in a variety of senses. Courts
frequently use it as synonymous with 'substit


"The word 'novation' is used in a variety of senses. Courts
frequently use it as synonymous with 'substituted contract.'
Most academic writers and both contracts restatements,
however, restrict its use to describe a substituted contract
involving at least one obligor or obligee who was not a

party to the original contract .... The development of a
separate category under the rubric 'novation' is doubtless
traceable to problems of consideration formerly thought
to be present in such contracts because of the former
common law rule that consideration must be supplied by
the promisee. This rule has long been laid to rest almost
everywhere." John D. Calamari &Joseph M. Perillo, The Law
of Contracts  11-8, at 444-45 (3d ed. 1987).
objective novation. Civil law. A novation involving the
substitution ofa new obligation for an old one. [Cases:
Novation (;::::>4.]
subjective novation. Civil law. A novation involving the
substitution of a new obligor for a previous obligor
who has been discharged by the obligee.
novel assignment. See new assignment under ASSIGN
MENT (7).
novel disseisin (nov-al dis-see-zin), n. A recent dissei
sin. See DISSEISIN; assize ofnovel disseisin under ASSIZE
(8).
Novellae (m-vel-ee). See NOVELS.
Novellae Constitutiones. See NOVELS.
Novellae Leonis (n<l-vel-ee lee-oh-nis), n. [Latin "novels
of Leo"] A collection of 113 ordinances issued by
Emperor Leo from A.D. 887-893.
Novels. A collection of 168 constitutions issued by the
Roman emperor Justinian and his immediate succes
sors. Taken together, the Novels make up one offour
component parts of the Corpus Juris Civilis. Also
termed Novellae; Novellae Constitutiones. See CORPUS
JURIS CIVILIS.
novelty. (14c) 1. Trade secrets. The newness of informa
tion that is generally unused or unknown and that
gives its owner a competitive advantage in a business
field. In the law of trade secrets, novelty does not
require independent conception or even originality.
A rediscovered technique with marketable applica
tions can qualify as a novelty and be protected as a
trade secret. [Cases: Antitrust and Trade Regulation
(;::::>413.]2. Patents. Newness of an invention both in
form and in function or performance; the strict statu
tory requirement that this originality be demonstrated
before an invention is patentable. Proving novelty is
one purpose of the rigorous and expensive examination
process. Ifthe invention has been previously patented,
described in a publication, known or used by others, or
sold, it is not noveL 35 USC A  102. Cf. NONOBVIOUS
NESS. [Cases: Patents
"Although the statute uses the words 'not known,' these
are not to be taken literally. Novelty consists primarily in
the invention not having been used by others in the United
States or patented or described in any printed publication
in this or any foreign country." Roger Sherman Hoar, Patent
Tactics and the Law 36-37 (3d ed. 1950).
absolute novelty. Patents_ The rule in most countries,
but not in the United States, that an inventor must
always file a patent application before the inven
tion is publicly used, placed on sale, or disclosed.
Under U.S. law, an inventor is given a one-year grace
period beginning on the date of any public use,
sale, offer of sale, or publication by the inventor or the inventor's agent in which to file a patent appli
cation. After that, the patent is barred. Canada and
Mexico also give the first inventor or the inventor's
assignees a one-year grace period for filing, but they
bar a patent for the first inventor if the invention is
independently developed and disclosed by someone
else during that time. -Also termed absolute-novelty
requirement. Cf. BAR DATE.
noverca (n<1-v;>r-kd), n. [Latin] A stepmother.
noverint universi per praesentes (noh-va-rant yoo-ni
v;}r-SI p<lr pri-zen-teez). [Latin] Know all men by these
presents. This is a formal phrase once found at the
beginning ofdeeds of release. In translation, the phrase
still sometimes appears on various types oflegal docu
ments. See KNOW ALL MEN BY THESE PRESENTS; PATEAT
UNIVERSIS PER PRAESENTES.
novigild (noh-va-gild), n. [fro Latin novem "nine" +
Anglo-Saxon gid orgeld "a payment"] Hist. The money
a person must pay for damaging another person's
property, the amount equaling nine times the purchase
price of the property damaged.
nov; operis nuntiatio (noh-VI ahp-<'I-ris ndn-shee
ay-shee-oh). [Latin "new work protest"] Roman law.
A protest against an opus novum ("new work") . A
person whose rights were impaired by the building ofa
new structure could protest to the praetor. The praetor
could order the builder to give the protestor a security
against any loss caused by the construction (edictum
de novi operis nuntiatione). If the builder refused, the
praetor could prohibit further construction with a pro
hibitory interdict (interdictum de novi operis nuntia
tione). Also written operis novi nuntiatio_ Cf. JACTUS
LAPILLI.
noviter perventa (noh-v<l-t<lr p<lr-ven-tJ), n. pl. [Law
Latin "newly known"] Eccles. law. Newly discovered
facts, which are usu. allowed to be introduced in a case
even after the pleadings are closed.
novodamus (noh-vJ-day-m<ls), n. [Latin novo damus
"we grant anew"] Scots law. 1. A clause in a charter
that progressively grants certain rights anew. The
phrase appeared in reference to any charter by which
a superior renewed a previous land grant to a vassal. 2.
A charter containing such a clause.
'This clause is subjoined to the dispositive clause; and by
it the superior, whether the Crown or a subject, grants de
novo the subjects, rights, or privileges therein described.
Such a clause is usually inserted where the vassal is
sensible of some defect or flaw in the former right ..
This was also the correct form of proceeding. . when the
vassal wished to get free of burdens chargeable upon the
subject for casualties due to the superior; for a charter of
novodamus is accounted in law an original right, which
imports a discharge of all prior burdens." William Bell, Bell's
Dictionary and Digest of rhe Law of Scotland 747 (George
Watson ed., 7th ed. 1890).
novus actus interveniens (noh-v<ls ak-tas in-tJr-vee-nee
anz). See intervening cause under CAUSE (1).
novus homo (noh-vas hoh-moh), n. [Latin "new man"]
Hist. A man who has been pardoned for a crime.

NOW. abbr. 1. NEGOTIABLE ORDER OF WITHDRAWAL. 2.
National Organization for Women.
NOW account. See ACCOUNT.
now comes. See COMES NOW.
noxa (nok-s;l), n. [Latin "injury"] Hist. 1. Roman law. A
harm done or an offense committed such as injury to
a person or property, esp. by a slave or son. This gave
rise to noxal liability. 2. Roman law. The obligation to
pay for damage committed by a son, slave, or animal.
 The father or owner generally had to pay damages or
else surrender the tort feasor offending person or animal
to the injured party (noxal surrender). -Also termed
noxal liability. See NOXAL ACTION. 3. An offense, gen
erally. 4. The punishment for an offense. 5. Something
that exerts a harmful effect on the body.
noxal (nok-s;ll), adj. Archaic. Of or relating to a claim
against a father or owner for damage done by a son, a
slave, or an animal.
noxal action. [fro Latin actio noxalis "injurious action"]
1. Roman law. The claim against an owner or father for
a tort committed by a son, a slave, or an animal.  The
head ofthe family could be sued either to pay a penalty
due or to surrender the tortfeasor to the injured party.
Roman law also provided for the surrender ofanimals
that caused damage under the actio de pauperie. See
actio de pauperie under ACTIO. 2. Hist. A person's claim
to recover for damages committed by a person's son,
slave, or animal.
noxal liability. See NOXA (2).
noxal surrender. See NOXA (2).
noxious (nok-sh;ls), adj. (ISc) 1. Harmful to health;
injurious. 2. Unwholesome; corruptive. 3. Archaic.
Guilty.
n.p. abbr. 1. NISI PRIUS. 2. NOTARY PUBLIC.
NPL. abbr. NATIONAL PRIORITIES LIST.
NPV. See net present value under PRESENT VALUE.
NQDC. abbr. See nonqualified deferred-compensation
plan under EMPLOYEE BENEFIT PLAN.
NQSO. abbr. See nonqualified stock option under STOCK
OPTION.
n.r. abbr. 1. New reports. 2. Not reported. 3. NONRESI
DENT.
NRC. abbr. NUCLEAR REGULATORY COMMISSION.
NRCS. abbr. NATURAL RESOURCES CONSERVATION
SERVICE.
NRPC. abbr. NATIONAL RAILROAD PASSENGER CORPO
RATION.
n.s. abbr. 1. New series . This citation form indicates
that a periodical has been renumbered in a new series.
2. NEW STYLE.
NSA. abbr. NATIONAL SECURITY AGENCY.
NSC. abbr. NATIONAL SECURITY COUNCIL.
NSF. abbr. 1. NATIONAL SCIENCE FOUNDATION. 2. NOT
SUFFICIENT FUNDS. NSL. abbr. See NATIONAL-SECURITY LETTER.
NSPA. abbr. NATIONAL STOLEN PROPERTY ACT.
NTB. abbr. NONTARIFF BARRIER.
NTIA. abbr. NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION.
NTID. abbr. NATIONAL TECHNICAL INSTITUTE FOR THE
DEAF.
NTIS. abbr. National Technical Information Service. See
TECHNOLOGY ADMINISTRATION.
NTM. abbr. NONTARIFF MEASURE.
NTSB. abbr. NATIONAL TRANSPORTATION SAFETY
BOARD.
nubilis (n[y]oo-b;l-lis), n. [Latin "marriageable"] Civil
law. A person, esp. a girl, who is old enough to be
married.
nuclear-nonproliferation treaty. See nonproliferation
treaty under TREATY (1).
Nuclear Regulatory Commission. An independent
federal agency that licenses and regulates civilian use
of nuclear energy. The agency was created by the
Energy Reorganization Act of 1974. Executive Order
11834 of 1975 gave it additional functions previously
performed by the Atomic Energy Commission. -
Abbr. NRC. [Cases: Environmental Law C=>481, 484,
48S, 487, 492.]
nuda detentio (n[y]oo-d;l di-ten-shee-oh). [Latin] See
possessio naturalis under POSSESSIO.
nuda patientia (n[y]oo-d;l pash-ee-en-shee-;l). [Latin]
Mere sufferance . In a servitude, the servient estate
owner's obligation is one of mere sufferance because,
while the owner has to submit to the dominant estate,
the owner does not have to take any positive steps
(such as fixing a sidewalk) to enhance the exercise of
the dominant servitude.
nuda possessio (n[y]oo-d;l p;l-zes[h]-ee-oh). [Latin]
Mere possession.
nude, adj. (ISc) 1. Naked; unclothed. 2. Lacking in con
sideration or in some essential particular. See NUDUM
PACTUM. 3. Mere; lacking in description or specifica
tion.
nude contract. See NUDUM PACTUM.
nude matter. A mere allegation.
"[Nlude matter is not of so high nature, as either a mater
of Record or a speciality, otherwise there called mater in
deede; which maketh mee to thinke, that nude mater is
a naked allegation of a thing done, to be proved only by
witnesses, and not either by Record, or other speciality in
writing vnder seale." John Cowell, The Interpreter (1607).
nude pact. See NUDUM PACTUM.
nudum dominium (n[y]oo-d;lm d;l-min-ee-;lm). See
DOMINIUM.
nudum officium (n[y]oo-d;lm ;l-fish-ee-;lm). [Latin] Scots
law. The bare office, without the usual emoluments. PI.
nuda officia.

nudum pactum (n[y]oo-dam pak-tam). [Latin "bare
agreement"] (I7c) 1. Roman law. An informal agree
ment that is not legally enforceable, because it does not
fall within the specific classes of agreements that can
support a legal action. _ But a pactum could create an
exception to or modification ofan existing obligation.
2. An agreement that is unenforceable as a contract
because it is not "clothed" with consideration. Also
termed naked contract; nude contract; nude pact.
[Cases:


"clothed" with consideration. Also
termed naked contract; nude contract; nude pact.
[Cases: Contracts ~47,54(1).]
nugatory (n[y]oo-ga-tor-ee), adj. (17c) Of no force or
effect; useless; invalid <the Supreme Court rendered the
statute nugatory by declaring it unconstitutional>.
nuisance. (l4c) 1. A condition, activity, or situation (such
as a loud noise or foul odor) that interferes with the
use or enjoyment of property; esp., a nontransitory
condition or persistent activity that either injures the
phYSical condition of adjacent land or interferes with
its use or with the enjoyment of easements on the land
or of public highways. _ Liability might or might not
arise from the condition or situation. -Formerly also
termed annoyance. [Cases: Nuisance ~1-4.]
"A nuisance may be merely a right thing in the wrong place,
like a pig in the parlor instead of the barnyard." Vii/age of
Euclid v. Amber Realty Co.. 272 U.S. 36S, 388,47 S.Ct. 114,
118 (1926).
"A 'nuisance' is a state of affairs. To conduct a nuisance is
a tort. If! torts, the word 'nuisance' has had an extremely
elastic meaning; sometimes it is little more than a pejora
tive term, a weasel word used as a substitute for reason
ing.... The general distinction between a nuisance and a
trespass is that the trespass flows from a phySical invasion
and the nuisance does not." Roger A. Cunningham et aI.,
The Law of Property  7.2, at 417 (2d ed. 1993).
2. Loosely, an act or failure to act resulting in an inter
ference with the use or enjoyment of property. -In
this sense, the term denotes the action causing the
interference, rather than the resulting condition <the
Slocums' playing electric guitars in their yard consti
tuted a nuisance to their neighbors>. [Cases: Nuisance
61.]
'There is perhaps no more impenetrable jungle in the
entire law than that which surrounds the word 'nuisance.'
It has meant all things to all people, and has been applied
indiscriminately to everything from an alarming advertise
ment to a cockroach baked in a pie." Prosser and Keeton
on the Law of Torts  86, at 616 (W. Page Keeton ed., 5th
ed. 1984).
3, 1be class oftorts arising from such conditions, acts,
or failures to act when they occur unreasonably. -Also
termed actionable nuisance. [Cases: Nuisance (;::=03,
61.]
"Nuisance is really a field of tortious liability rather than a
single type of tortious conduct: the feature which gives it
unity is the interest invaded that of the use and enjoy
ment of land. The tort emphasises the harm to the plaintiff
rather than the conduct of the defendant." R.F.v. Heu5ton,
Salmond on the Law of Torts 50-S1 (17th ed. 1977).
abatable nuisance. (1871) 1. A nuisance so easily
removable that the aggrieved party may lawfully cure
the problem without notice to the liable party, such as
overhanging tree branches. [Cases: Nuisance (;::;>19.] 2. A nuisance that reasonable persons would regard
as being removable by reasonable means.
absolute nuisance. (18c) 1. Interference with a property
right that a court considers fixed or invariable, such as
a riparian owner's right to use a stream in its natural
condition. [Cases: Nuisance 2. See nuisance
per se. 3. Interference in a place where it does not rea
sonably belong, even ifthe interfering party is carefuL
4. Interference for which a defendant is held strictly
liable for resulting harm, esp. in the nature of pollu
tion. Cf. qualified nuisance.
Sense (4) has been disapproved: "[Tlhe use of the term
'nUisance' to describe the tort liability that sometimes
results from accidental invasions produces too much con
fusion." Prosser and Keeton on the Law ofTorts  89, at 637
(W. Page Keeton ed., Sth ed. 1984).
anticipatory nuisance. A condition that, although not
yet at the level of a nuisance, is very likely to become
one, so that a party may obtain an injunction pro
hibiting the condition. -Also termed prospective
nuisance. [Cases: Nuisance
attractive nuisance. (1901) A dangerous condition that
may attract children onto land, thereby causing a risk
to their safety. See ATTRACTIVE-NUISANCE DOCTRINE.
Cf. ALLUREMENT.; dangerous condition (2) under CON
DITION (4). [Cases: Negligence ~1l72, 1175.]
"[TJhe doctrine acquired the unfortunate misnomer 'attrac
tive nuisance,' a label which persists to this day. It cannot
be taken literally, since the courts have now largely rejected
the notion that the child must be attracted by that which
injures him. and whether or not the condition is in fact a
'nuisance' has nothing at all to do with defendant's liability
to the child." Edward J. Kionka, Torts in a Nutshell 89 (2d
ed. 1992).
cognate nuisance. Rare. Interference with an ease
ment.
"The term nuisance is applied to torts of two distinct
groups, first, acts of wrongful user by an owner or pos
sessor of land reSUlting in an unreasonable interference
with the rights of enjoyment of the owner or possessor of
neighboring land, and, second, wrongful interferences WIth
easements or other incorporeal rights," William F. Walsh, A
Treatise on Equity 170 (1930).
"When an easement was interfered with, an action on the
case lay as a matter of course.... Such an interference is
sometimes called 'cognate nuisance' to distinguish it from
interferences with the personal enjoyment of the incidents
of occupying the land." J.H. Baker, An Introduction to English
Legal History 486 (3d ed. 1990).
common nuisance. See public nuisance.
continuing nuisance. (1837) A nuisance that is either
uninterrupted or frequently recurring. -It need not
be constant or unceasing, but it must occur often
enough that it is almost continuous. [Cases: Nuisance
(;::=04, 19.]
legalized nuisance. A nuisance sanctioned by legisla
tive, executive, or other official action and therefore
immune from liability, such as a city park.
mixed nuisance. (1894) A condition that is both a
private nuisance and a public nuisance, so that
it is dangerous to the community at large but also

causes particular harm to private individuals. [Cases:
Nuisance ~72.]
nuisance at law. See nuisance per se.
nuisance dependent on negligence. See qualified
nuisance.
nuisance in fact. (1855) A nuisance existing because
of the circumstances of the use or the particular
location. For example, a machine emitting high
frequency sound may be a nuisance only ifa person's
dog lives near enough to the noise to be disturbed by
it. -Also termed nuisance per accidens.
nuisance per se (p;)r say). (186) Interference so severe
that it would constitute a nuisance under any circum
stances; a nuisance regardless oflocation or circum
stances of use, such as a leaky nuclear-waste storage
facility. -Also termed nuisance at law; absolute
nuisance. [Cases: Nuisance ~4.]
permanent nuisance. (18c) A nuisance that cannot
readily be abated at reasonable expense. Cf. tempo
rary nuisance. [Cases: Nuisance ~1, 4.]
private nuisance. (I8c) A condition that interferes
with a person's enjoyment of property; esp., a struc
ture or other condition erected or put on nearby land,
creating or continuing an invasion ofthe actor's land
and amounting to a trespass to it . The condition
constitutes a tort for which the adversely affected
person may recover damages or obtain an injunction.
[Cases: Nuisance ~1.]
"Trespass and private nuisance are alike in that each is a
field of tort liability rather than a single type of tortious
conduct. In each, liability may arise from an intentional
or an unintentional invasion. For an intentional trespass,
there is liability without harm; for a private nuisance,
there is no liability without significant harm.... In private
nuisance an intentional interference with the plaintiff's use
or enjoyment is not of itself a tort, and unreasonableness
of the interference is necessary for liability." Restatement
(Second) of Torts  8210 cmt. d (1979).
"The different ways and combinations of ways in which the
interest in the use or enjoyment of land may be invaded
are infinitely variable. A private nuisance may consist of an
interference with the physical condition of the land itself,
as by vibration or blasting which damages a house, the
destruction of crops, flooding, raising the water table,
or the pollution of a stream or of an underground water
supply." W. Page Keeton et aI., Prosser and Keeton on the
Law of Torts  87, at 619 (W. Page Keeton ed., 5th ed.
1984).
prospective nuisance. See anticipatory nuisance.
public nuisance. (17c) An unreasonable interference
with a right common to the general public, such as
a condition dangerous to health, offensive to com
munity moral standards, or unlawfully obstructing
the public in the free use of public property . Such
a nuisance may lead to a civil injunction or criminal
prosecution. -Also termed common nuisance.
[Cases: Nuisance ~59-96.]
"Public and private nuisances are not in reality two species
of the same genus at all. There is no generic conception
which includes the crime of keeping a common gaming
house and the tort of allOWing one's trees to overhang
the land of a neighbour. A public nuisance falls within the law of torts only in so far as it may in the particular
case constitute some form of tort also. Thus the obstruc
tion of a highway is a public nuisance; but if it causes any
special and peculiar damage to an individual, it is also a
tort actionable at his suit." R.F.v. Heuston, Salmond on the
Law of Torts 49-50 (17th ed. 1977).
"[Plublic nuisance ... is an amorphous and unsatisfac
tory area of the law covering an ill-assorted collection of
wrongs, some of which have little or no association with
tort and only appear to fill a gap in criminal law. Others
cover what could be generally described as 'noisome trade,'
which could be dealt with under some form of statutory
nuisance. Yet a third group deals with what we would gen
erally describe as 'abuses of the highway' ...." R.w.M. Dias
& B.S. Markesinis, Tort Law 254 (1984).
qualified nuisance. (1944) A condition that, though
lawful in itself, is so negligently permitted to exist
that it creates an unreasonable risk of harm and, in
due course, actually results in injury to another.
It involves neither an intentional act nor a hazard
ous activity. -Also termed nuisance dependent on
negligence. Cf. absolute nuisance. [Cases: Nuisance
~1,6,59.]
recurrent nuisance. A nuisance that occurs from time
to time with distinct intervals between occurrences,
rather than being continuous or only briefly inter
rupted.
temporary nuisance. (1879) A nuisance that can be cor
rected by a reasonable expenditure ofmoney or labor.
Cf. permanent nuisance. [Cases: Nuisance ~4,19.]
nuisance money. See nuisance settlement under SETTLE
MENT (2).
nuisance per accidens. See nuisance in fact under NUI
SANCE.
nuisance prior art. See ART.
nuisance settlement. See SETTLEMENT (2).
nuke. Slang. See DENIAL-OF-SERVICE ATTACK.
nul (n;)l). [Law French] No; none. This negative particle
begins many phrases, such as nul tiel.
nul agard (n;)} ;)-gahrd), n. [Law French "no award"] In
an action to enforce an arbitration award on an arbitra
tion bond, a plea denying the existence of the award.
Cf. AGARD.
nul disseisin (n;}} dis-see-zin). [Law French "no dissei
sin"] In a real action, a defendant's plea that the plain
tiff was not deprived ofthe possession ofany land and
tenements. See DISSEISIN.
nulfait agard (n;)l fay;)-gahrd). [Law French] No award
was made. Cf. AGARD.
null, adj. (16c) Having no legal effect; without binding
force; VOID <the contract was declared null and void>.
 The phrase null and void is a common redundancy.
[Cases: Contracts ~98, 135.]
nulla bona (n;J}-;) boh-n;)). [Latin "no goods"] (I8c) A
form ofreturn by a sheriff or constable upon an execu
tion when the judgment debtor has no seizable property
within the jurisdiction. Cf. NIHIL EST. [Cases: Execu
tion~334.]

nulla persona (nal-.:l p.:lr-soh-n.:l). [LatinI Hist. No person.
-The phrase appeared in reference to the status ofone
who essentially has no legal rights usu. because ofthat
person's actions, such as committing a crime, or that
person's status, such as being a minor.
nulla poena sine lege (nal-J pee-nJ sl-nee lee-jee or
sin-ay lay-gay). [Latin] No punishment without a law