ter the affairs of a decedent's estate for a short time
before an administrator or executor can be appointed and qualified. [Cases: Executors and Administrators
C:::>22.]
administration hill. See BILL (3).
administration expense. Tax. A necessary expenditure
made by an administrator in managing and distribut
ing an estate . These expenses are tax-deductible even
if not actually incurred by the time the return is filed.
[Cases: Executors and Administrators C:::> 108.]
Administration for Children and Families. A unit in
the U.S. Department of Health and Human Services
responsible for health, economic, and social well-being
issues involving children and families, refugees, legal
ized aliens, and people with developmental disabili
ties. -Abbr. ACF.
administration letters. See LETTERS OF ADMINISTRA
TION.
administration of justice. The maintenance of right
within a political community by means ofthe physical
force ofthe state; the state's application ofthe sanction
offorce to the rule of right.
Administration on Aging. A unit in the U.S. Depart
ment of Health and Human Services responsible for
promoting the welfare of the elderly, often in collabora
tion with governmental agencies that prOVide services
to the elderly and to caregivers ofthe elderly.
administration pendente lite. See ADMINISTRATION.
administration with the will annexed. See administra
tion cum testamento annexo under ADMINISTRATION.
administrative act. See ACT.
administrative adjudication. The process used by an
administrative agency to issue regulations through
an adversary proceeding. Cf. RULEMAKING. [Cases:
Administrative Law and Procedure
administrative agency. See AGENCY (3).
administrative collateral estoppel. See COLLATERAL
ESTOPPEL.
Administrative Conference of the United States. A
former independent federal agency that provided a
forum where agency heads, private attorneys, univer
sity professors, and others studied ways to improve the
procedures that agencies use in administering federal
programs. It was abolished in 1995. Abbr. ACUS.
administrative-control rule. Tax. The rule making the
grantor of a trust liable for tax if the grantor retains
control that may be exercised primarily for the grant
or's own benefit. IRC (26 USCA)  675. [Cases: Internal
Revenue C:::>4025, 4028.]
administrative-convenience exception. Bankruptcy.
A provision permitting a bankruptcy plan to have a
separate classification for small, unsecured claims, to
the extent that the separate classification will assist in a
more efficient disposition of the estate, as by paying or
eliminating the small claims earlier than other claims.
11 USCA  1122(b). [Cases: Bankruptcy C:::>3550.]
administrative crime. See CRIME.

51
administrative deviation. A trustee's unauthorized
departure from the terms ofthe trust.
administrative discharge. See DISCHARGE (8).
administrative discretion. See DISCRETION (4).
Administrative Domain-Name Challenge Panel.
Trademarks. A board of experts convened under the
auspices of the World Intellectual Property Organi
zation to decide Internet domain-name disputes. -
Abbr. ACP.
administrative expense. l. OVERHEAD. 2. Bankruptcy.
A cost incurred by the debtor, after filing a bankruptcy
petition, that is necessary for the debtor to continue
operating its business . Administrative expenses are
entitled to payment on a priority basis when the estate
is distributed. 11 USCA  503(b). See general admin
istrative expense under EXPENSE. [Cases: Bankruptcy
C=:' 2871-2879.]
administrative freeze. Bankruptcy. The refusal by a
debtor's bank to permit withdrawals from the debtor's
bank account after the bank learns that the debtor
has filed bankruptcy, usu. because the debtor owes
money to the bank in addition to maintaining funds
on deposit. [Cases: Bankruptcy C=:'2678.]
administrative hearing. An administrative-agency pro
ceeding in which evidence is offered for argument or
trial. [Cases: Administrative Law and Procedure C=:'
469.]
administrative interpretation. See INTERPRETATION.
administrative law. (1896) The law governing the orga
nization and operation of administrative agencies
(including executive and independent agencies) and
the relations of administrative agencies with the leg
islature, the executive, the judiciary, and the public .
Administrative law is divided into three parts: (1) the
statutes endowing agencies with powers and establish
ing rules ofsubstantive law relating to those powers; (2)
the body ofagency-made law, consisting ofadministra
tive rules, regulations, reports, or opinions containing
findings offact, and orders; and (3) the legal principles
governing the acts of public agents when those acts
conflict with private rights. [Cases: Administrative
Law and Procedure C=:' 1.]
"Administrative law deals with the field of legal control
exercised by lawadministering agencies other than courts,
and the field of control exercised by courts over such
agencies'" Felix Frankfurter, The Task ofAdministrative
Law, 75 U. Pa. L. Rev. 614, 615 (1927).
"[Ajdministrative law is to labor law, securities regulation,
and tax what civil procedure is to contracts, torts, and
commercial law. Administrative law studies the way govern
ment institutions do things. It is therefore the procedural
component to any practice that affects or is affected by
government decision makers other than just the courts.
Its study goes beyond traditional questions; it explores a
variety of procedures and it develops ideas about decision
making and decisionmakers" 1 Charles H. Koch, Adminis
trative Law and Practice  1.2, at 2 (2d ed. 1997).
international administrative law. l. The internal law
and rules of international organizations. 2. The sub
stantive rules of international law that directly refer administrative subpoena
to the administrative matters of individual states. 3.
Domestic administrative law specifically concerned
with international problems or situations. -Also
termed administrative international law.
administrative-law judge. (1972) An official who
presides at an administrative hearing and who has
the power to administer oaths, take testimony, rule
on questions of evidence, and make factual and legal
determinations. 5 USCA  556(c). -Abbr. ALJ.
Also termed hearing examiner; hearing officer; trial
examiner. [Cases: Administrative Law and Procedure
C=:'443.]
Administrative Office ofthe United States Courts. An
office in the judicial branch of the federal government
responsible for administering the nonjudicial business
of the federal courts (except the Supreme Court), dis
bursing funds, collecting statistics, fixing certain
salaries, and purchasing supplies and equipment.
Created in 1939 the Office is supervised by the Judicial
Conference of the United States. 28 USCA  601 et
seq. -Abbr. AOUSC; AO. See JUDICIAL CONFERENCE
OF THE UNITED STATES. [Cases: Courts C=:'55.]
administrative officer. See OFFICER (1).
administrative order. See ORDER (2).
administrative patent judge. See JUDGE.
Administrative Procedure Act. l. A federal statute
establishing practices and procedures to be followed
in rulemaking and adjudication . The Act was
designed to give citizens basic due-process protections
such as the right to present evidence and to be heard
by an independent hearing officer. 2. A similar state
statute. -Abbr. APA. [Cases: Administrative Law and
Procedure C=:'4.]
administrative proceeding. (1841) A hearing, inquiry,
investigation, or trial before an administrative agency,
usu. adjudicatory in nature but sometimes quasi-legis
lative. -Also termed evidentiary hearing;full hearing;
trial-type hearing; agency adjudication. [Cases: Admin
istrative Law and Procedure C=:'309, 341-513.]
administrative process. l. The procedure used before
administrative agencies. [Cases: Administrative Law
and Procedure C=:'309.] 2. The means of summoning
witnesses to an agency hearing. [Cases: Administrative
Law and Procedure C=:'464.]
administrative remedy. See REMEDY.
administrative review. See REVIEW.
administrative rule. (1856) An officially promulgated
agency regulation that has the force oflaw. Admin
istrative rules typically elaborate the requirements of
a law or policy. [Cases: Administrative Law and Pro
cedure C=:'381.]
administrative rulemaking. See RULEMAKING.
administrative search. See SEARCH.
administrative search warrant. See administrative
warrant under WARRANT (1).
administrative subpoena. See SUBPOENA.

52 administrative tribunal
administrative tribunal. An administrative agency
before which a matter may be heard or tried, as dis
tinguished from a purely executive agency; an admin
istrative agency exercising a judicial function. [Cases:
Administrative Law and Procedure ~309.]
administrative warrant. See WARRANT (1).
administrator (ad-min-a-stray-tar). (15c) l. A person
who manages or heads a business, public office, or
agency.
court administrator. An official who supervises the
nonjudicial functions of a court, esp. the court's
calendar, judicial assignments, budget, and nonjudi
cial personnel. [Cases: Courts ~)55.]
local administrator. Conflict oflaws. An administra
tor appointed in the state where property is located
or where an act is done.
2. A person appointed by the court to manage the assets
and liabilities of an intestate decedent . This term once
referred to males only (as opposed to administratrix),
but legal writers now generally use administrator to
refer to someone of either sex. In the Restatement of
Property, the term administrator includes the term
executor unless specifically stated otherwise. Cf.
EXECUTOR (2). [Cases: Executors and Administrators
administrator ad colligendum (ad kol-i-jen-dam). An
administrator appointed solely to collect and preserve
the decedent's estate. - Also termed administrator
ad colligendum bona. [Cases: Executors and Admin
istrators 122.J
administrator ad litem (ad II-tern or -tam). A special
administrator appOinted by the court to represent
the estate's interest in an action usu. either because
there is no administrator of the estate or because the
current administrator has an interest in the action
adverse to that of the estate. [Cases: Executors and
Administrators ~22.]
administrator ad prosequendum (ad prahs-a-kwen
d..m). An administrator appointed to prosecute or
defend a certain action or actions involVing the estate.
(Cases: Executors and Administrators ~22.1
administrator c.t.a. See administrator cum testamento
annexo.
administrator cum testamento annexo (hm tes-ta
men-toh a-nek-soh). An administrator appointed by
the court to carry out the provisions of a will when
the testator has named no executor, or the executors
named refuse, are incompetent to act, or have died
before performing their duties. -Also termed admin
istrator c.t.a.; administrator with the will annexed.
[Cases: Executors and Administrators ~21.1
administrator d.b.n. See administrator de bonis non.
administrator de bonis non (dee boh-nis non). An
administrator appOinted by the court to administer
the decedent'S goods that were not administered by
an earlier administrator or executor. -If there is no
will, the administrator bears the name administrator de bonis non (abbr. administrator d.b.n.), but if there is
a will, the full name is administrator de bonis non cum
testamento annexo (abbr. administrator d.b.n.c.t.a.).
[Cases: Executors and Administrators
administrator durante absentia (d[yJuu-ran-tee
ab-sen-shee-a). An administrator appointed to act
while an estate's executor or an administrator with
precedence is temporarily absent.
administrator durante minore aetate (d[y]uu-ran-tee
mi-nor-ee ee-tay-tee). An administrator who acts
during the minority of a person who either is named
by the testator as the estate's executor or would be
appointed as the estate's administrator but for the
person's youth. [Cases: Executors and Administra
tors C=Y29(l).]
administrator pendente lite. See special administra
tor.
administrator with the will annexed. See administra
tor cum testamento annexo.
ancillary administrator (an-sa-ler-ee). (1825) A court
appointed administrator who oversees the distribu
tion of the part of a decedent's estate located in a
jurisdiction other than where the decedent was domi
ciIed (the place ofthe main administration). [Cases:
Executors and Administrators
domiciliary administrator. A person appointed to
administer an estate in the state where the decedent
was domiciled at death. [Cases: Executors and Admin
istrators ~518.]
foreign administrator. An administrator appointed in
another jurisdiction. [Cases: Executors and Admin
istrators ~517.]
general administrator. (18c) A person appointed to
administer an intestate decedent's entire estate.
public administrator. (1809) A state-appointed officer
who administers intestate estates that are not admin
istered by the decedent's relatives . This officer's right
to administer is usu. subordinate to the rights of cred
itors, but in a few jurisdictions the creditors' rights
are subordinate. [Cases: Executors and Administra
tors~24.]
special administrator. (18c) 1. A person appointed to
administer only a specific part of an intestate dece
dent's estate. [Cases: Executors and Administrators


person appointed to
administer only a specific part of an intestate dece
dent's estate. [Cases: Executors and Administrators
<8::)22.] 2. A person appOinted to serve as adminis
trator of an estate solely because of an emergency or
an unusual situation, such as a will contest. Also
termed (in sense 2) administrator pendente lite.
administrator ad colligendum. See ADMINISTRATOR (2).
administrator ad colligendum bona. See ADMINISTRA
TOR (2).
administrator's bond. See fidUciary bond under BOND
(2).
administrator's deed. See DEED.
administratrix (ad-min-a-stray-triks or ad-min
a-stra-triks). Archaic. A female administrator. Pl.

53
administratrixes, administratrices. See ADMINIS
TRATOR (2).
admiraIitas (ad-m,,-ral-,,-tas), n. [Law Latinl1. Admi
ralty; an admiralty court. 2. SOCIETAS NAVALIS.
admiral's mast. See MAST (1).
admiralty (ad-m"-r,,l-tee), n. 1. A court that exer
cises jurisdiction over all maritime contracts, torts,
injuries, or offenses. _ The federal courts are so called
when exercising their admiralty jurisdiction, which
is conferred by the U.S. Constitution (art. III,  2, cI.
1). Also termed admiralty court; maritime court.
[Cases: Admiralty 1.] 2. The system of jurispru
dence that has grown out of the practice of admiralty
courts; MARITIME LAW. 3. Narrowly, the rules govern
ing contract, tort, and workers'-compensation claims
arising out ofcommerce on or over navigable water.
Also termed (in senses 2 & 3) admiralty law. -admi
ralty, adj.
Admiralty, First Lord. See FIRST LORD OF THE ADMI
RALTY.
admiralty and maritime jurisdiction. The exercise of
authority over maritime cases by the U.S. district courts
sitting in admiralty. See 28 USCA  1333. -Often
shortened to admiralty jurisdiction; maritime jurisdic
tion. See ADMIRALTY (1); SUPPLEMENTAL RULES FOR
CERTAIN ADMIRALTY AND MARITIME CLAIMS. [Cases:
Admiralty (;::'1-25.]
Admiralty Clause. The clause of the U.S. Constitution
giving the federal courts jurisdiction over admiralty
and maritime cases. U.S. Const. art. III,  2, d. L
admiralty court. See ADMIRALTY (1).
Admiralty Extension Act. A 1948 statute extend
ing admiralty-tort jurisdiction to include all cases in
which damage or injury is caused by a vessel on navi
gable water, regardless of where the injury or damage
occurred. 46 USCA app.  740. Specifically, the Act
extended jurisdiction over damages and injuries that
a vessel causes on land, such as to bridges and piers or
to people on them. Abbr. AEA. [Cases: Admiralty
(:::;17.]
admiralty jurisdiction. See ADMIRALTY AND MARITIME
JURISDICTION.
admiralty law. 1. See ADMIRALTY (2). 2. See ADMIRALTY
(3).
admissibility (ad-mis-,,-bil-a-tee), n. (18e) The quality
or state of being allowed to be entered into evidence
in a hearing, trial, or other official proceeding. [Cases:
Federal Civil Procedure Trial C=>43.]
'Admissibility' can best be thought of as a concept consist
ing of two quite different aspects: disclosure to the trier of
fact and express or implied permission to use as 'evidence.'
If we think of admissibility as a question of disclosure or
nondisclosure, it is usually easy to say whether or not an
item of evidence has been admitted. When we consider the
question of permissible use, the concept seems much more
complex. In the first place, evidence may be 'admissible' for
one purpose but not for another.... In the second place,
questions of the permissible use of evidence do not arise
only at the time of disclosure to the trier of fact. The court admission
may have to consider admissibility in deciding whether
to give the jury a limiting instruction, whether or not an
opponent's rebuttal evidence is relevant, and whether or
not counsel can argue to the jury that the evidence proves
a particular point." 22 Charles Alan Wright & Kenneth W.
Graham Jr., Federal Practice and Procedure  5193, at 184
(1978).
conditional admissibility. (1904) The evidentiary rule
that when a piece of evidence is not itself admissi
ble, but is admissible if certain other facts make it
relevant, the evidence becomes admissible on con
dition that counsel later introduce the connecting
facts. -If counsel does not satisfy this condition,
the opponent is entitled to have the conditionally
admitted piece of evidence struck from the record,
and to have the judge instruct the jury to disregard
it. [Cases: Criminal Law 681; Federal Civil
Procedure C=>2014; Trial
curative admissibility. (1904) The rule that an inad
missible piece ofevidence may be admitted ifoffered
to cure or counteract the effect ofsome similar piece
of the opponent's evidence that itself should not
have been admitted. [Cases: Criminal Law <8='396;
Evidence C=>155.]
limited admissibility. (1910) The principle that tes
timony or exhibits may be admitted into evidence
for a restricted purpose. _ Common examples are
admitting prior contradictory testimony to impeach
a witness but not to establish the truth, and admit
ting evidence against one party but not another.
The trial court must, upon request, instruct the jury
properly about the applicable limits when admitting
the evidence. Fed. R. Evid. 105. [Cases: Criminal Law
C=>385, 673; Trial C=>S4, 207.]
multiple admissibility. (1904) The evidentiary rule that,
although a piece of evidence is inadmissible under
one rule for the purpose given in offering it, it is nev
ertheless admissible if relevant and offered for some
other purpose not forbidden by the rules ofevidence.
[Cases: Criminal Law C=>385; Trial
admissible (ad-mis-;l-b"l), adj. (17c) 1. Capable ofbeing
legally admitted; allowable; permissible <admissible
evidence>. 2. Worthy of gaining entry or being admitted
<a person is admissible to the bar upon obtaining a law
degree and passing the bar exam>.
admissible evidence. See EVIDENCE.
admission (ad-mish-;ln), n. (15e) 1. Any statement or
assertion made by a party to a case and ~ffered against
that party; an acknowledgment that facts are true. Cf.
CONFESSION. [Cases: Criminal Law Evidence
C=>200-205.]
admission against interest. (1828) A person's statement
acknowledging a fact that is harmful to the person's
position, esp. as a litigant. -An admission against
interest must be made either by a litigant or by one
in privity with or occupying the same legal position
as the litigant; as an exception to the hearsay rule, it
is admissible whether or not the person is available
as a witness. Fed. R. Evid. 801(d)(2). A declaration

54 admission tax
against interest, by contrast, is made by a nonlitigant
who is not in privity with a litigant; a declaration
against interest is also admissible as an exception
to the hearsay rule, but only when the declarant is
unavailable as a witness. Fed. R. Evid. 804(b)(3). See
declaration against interest under DECLARATION (6).
[Cases: Evidence
admission by employee or agent. An admission made
by a party-opponent's agent during employment and
concerning a matter either within the scope of the
agency or authorized by the party-opponent. [Cases:
Criminal Law Evidence <>.237-245.]
admission by party-opponent. (1959) An opposing
party's admission, which is not considered hearsay
ifit is offered against that party and is (I) the party's
own statement, in either an individual or a represen
tative capacity; (2) a statement ofwhich the party has
manifested an adoption or belief in its truth; (3) a
statement by one authorized by the party to make
such a statement; (4) a statement by the party's agent
concerning a matter within the scope of the agency
or employment and made during the existence of
the relationship; or (5) a statement by a coconspira
tor of the party during the course of and in further
ance ofthe conspiracy. Fed. R. Evid. 80l(d)(2). [Cases:
Criminal Law <r~405-41O; Evidence C=)221-253.]
admission by silence. (1867) Ihe failure of a party to
speak after another party's assertion of fact that, if
untrue, would naturally compel a person to deny the
statement. [Cases: Criminal Law C-=>407; Evidence
~")220.]
admission in judicio. See judiCial admission.
adoptive admission. (1940) An action by a party that
indicates approva I of a statement made by another,
and thereby acceptance that the statement is true.
[Cases: Criminal Law 407; Evidence ('f-=>220.]
extrajudicial admission. (1824) An admission made
outside court proceedings.
implied admission. (18c) An admission reasonably
inferable from a party's action or statement, or a
party's failure to act or speak. Also termed tacit
admission. [Cases: Evidence ~265(12).]
incidental admission. An admission made in some
other connection or involved in the admission of
some other fact.
incriminating admission. An admission of facts
tending to establish guilt. [Cases: Criminal Law (;=
405.]
judicial admission. (18c) A formal waiver of proof
that relieves an opposing party from having to prove
the admitted fact and bars the party who made the
admission from disputing it. Also termed solemn
admission; admission in judicio; true admission.
[Cases: Criminal Law (;::::>406(4); Evidence (;::::> 206,
265(7).]
quasi-admission. (1813) An act or utterance, usu.
extrajudicial, that creates an inconsistency with and discredits, to a greater or lesser degree, a present claim
or other evidence of the person creating the inconsis
tency. [Cases: Evidence ~200.]
solemn admission. See judicial admission.
tacit admission. See implied admission.
true admission. See judicial admission.
2. Acceptance of a lawyer by the established licensing
authority, such as a state bar association, as a member
of the practicing bar, usu. after the lawyer passes a bar
examination and supplies adequate character refer
ences <admission to the bar> . The entry of a lawyer
on the rolls of an integrated bar, usu. after the fulfill
ment oftwo prerequisites: graduating from law school
and passing a state bar examination. -Also termed
admission to practice law. [Cases: Attorney and Client
(;=-4-7.]
admission on motion. Permanent admission of a lawyer
who is in good standing in the bar ofa different state
without the need for a full bar examination. [Cases:
Attorney and Client
admission pro hac vice (proh hak VI-see or proh hak
vee-chay). Temporary admission of an out-of-juris
diction lawyer to practice bet ore a court in a speci
fied case or set of cases. See PRO HAC VICE. [Cases:
Attorney and Client (;=-10.]
3. Patents. A concession or representation by a patent
applicant that an activity, knowledge, or a publication is
prior art.  An admission requires the U.S. Patent and
Trademark Office examiner to consider the relevant
item as prior art, even if it does not technically qualify
as prior art. Also termed admission ofprior art.
[Cases: Patents
admission tax. See TAX.
admission to bail. An order to release an accused person
from custody after payment of bail or receipt of an
adequate surety for the person's appearance for trial.
See BAIL (1). [Cases: Bail (;=-39.]
admission to practice law. See ADMISSION (2).
admission to sufficient facts. See SUBMISSION TO A
FINDING.
admittance. 1. The act of entering a building, locality,
or the like. 2. Permission to enter. 3. Hist. The act of
giving seisin of a copyhold estate . Admittance cor
responded with livery ofseisin ofa freehold. Copyhold
estates were abolished by the Law of Property Act of
1922. See COPYHOLD.
admitted asset. See ASSET.
admitted corporation. See CORPORATION.
admittendo clerico (ad-mi-ten-doh kler-d-koh). See DE
CLERICO ADMITTENDO.
admittendo in socium (ad-mi-ten-doh in soh-shee-dm).
[Latin] Hist. A writ for associating certain persons, such
as knights, to justices ofassize on the circuit.
admixture (ad-miks-chdr). l. The mixing of things. 2.
A substance formed by mixing.

55
admonition (ad-ma-nish-;m), n. (14c) 1. Anv authori
tative advice or caution from the court t~ the jury
regarding their duty as jurors or the admissibility
of evidence for consideration <the judge's admoni
tion that the jurors not discuss the case until they are
charged>. [Cases: Trial C::::> 13


i
tion that the jurors not discuss the case until they are
charged>. [Cases: Trial C::::> 133.6, 30l.] 2. A reprimand
or cautionary statement addressed to counsel by a judge
<the judge's admonition that the lawyer stop speaking
out of turn>. [Cases: Criminal Law C::::>730; Trial C::::>
133.4.]3. Eccles. law. An authoritatively issued warning
or censure. -admonish (ad-mon-ish), vb. admoni
tory (ad-mon-a-tor-ee), adj.
admonitio trina (ad-ma-nish-ee-oh trI-na), n. [Law
Latin "triple warning"] Rist. A threefold warning
advising a defendant charged with a capital crime that
refusal to answer questions about the offense would in
itself be considered a capital crime punishable by death.
See PEINE FORTE ET DURE.
ad mordendum assuetus (ad mor-den-dam a-swee-tas),
adj. [Law Latin] Hist. Accustomed to bite. -This phrase
was a common charge in a declaration of damage done
by a dog to a person or to another animal.
admortization (ad-mor-ta-zay-shan). Hist. The reduc
tion ofproperty oflands or tenements to mortmain.
adnepos (ad-nep-ohs), n. [Latin] Hist. A great-great
grandson.
adneptis (ad-nep-tis), n. [Latin] Hist. A great-great
granddaughter.
adnihilare (ad-nr-ha-Iair-ee), vb. [Law Latin] Hist. To
annul; to make void.
ad nocumentum (ad nok-yoo-men-tam), adv. [Law Latin]
Hist. To the nuisance; to the hurt or injury.
ad non executa (ad non ek-sa-kyoo-t<l), adv. [Latin] Hist.
For the things not executed (as by an executor).
adnotatio (ad-noh-tay-shee-oh), n. [Latin] Roman law.
A note written in the margin of a document; esp., the
reply of the emperor in his own hand to a petition
addressed to him. See RESCRIPT (3). PI. adnotationes
(ad-noh-tay-shee-oh-neez).
ad omissa vel male appretiata (ad oh-mis-a vel mal-ee
a-pree-shee-ay-ta). [Law Latin] Scots law. Concerning
things omitted or undervalued. -The phrase refers to
an executor's duty to include in an estate's inventory
previously omitted items or to reevaluate undervalued
items in the estate's inventory.
adoptability, n. Family law. 1. A child's availability to be
adopted, esp. by reason ofall legal impediments having
been removed. 2. The likelihood of a child's being
adopted; a prospective adoptee's desirability from the
prospective parents' point of view. adoptable, adj.
[Cases: Infants C~)155.]
adopted child. See CHILD.
adoptee. A person who has become the legal child of one
or two non biological parents. Also termed adopted
child. [Cases: Adoption adoption
adoption, n. (I4c) 1. Family law. The creation of a par
ent-child relationship by judicial order between two
parties who usu. are unrelated; the relation of parent
and child created by law between persons who are not
in fact parent and child. -This relationship is brought
about only after a determination that the child is an
orphan or has been abandoned, or that the parents'
parental rights have been terminated by court order.
Adoption creates a parent-child relationship between
the adopted child and the adoptive parents with all the
rights, privileges, and responsibilities that attach to that
relationship, though there may be agreed exceptions.
Adoption is distinguishable from legitimation and
from fosterage. Adoption usu. refers to an act between
persons unrelated by blood; legitimation refers to an act
between persons related by blood. Universally, a decree
of adoption confers legitimate status on the adopted
child. Adoption is permanent; fosterage is a temporary
arrangement for a child's care. See adopted child,foster
child under CHILD. Cf. LEGITIMATION (2); FOSTER CARE
(1). [Cases: Adoption C::::> 1.]
"Although adoption is found in many societies, ancient
and modern, primitive and civilized, and is recognized by
the civil law, it was unknown at common law. Accordingly,
adoption is entirely a creature of statute ...." Elias Clark et
aI., Gratuitous Transfers: Wills, Intestate Succession, Trusts,
Gifts, Future Interests, and Estate and Gift Taxation Cases
and Materials 73~74 (4th ed. 1999).
adoption by estoppel. (1933) 1. An equitable adoption
of a child by one who promises or acts in a way that
precludes the person and his or her estate from
denying adopted status to the child. 2. An equitable
decree ofadoption treating as done that which ought
to have been done. -Such a decree is entered when
no final decree of adoption has already been obtained,
even though the principal has acted as ifan adoption
has been achieved. A petitioner must show an agree
ment ofadoption, relinquishment ofparental author
ity by the child's biological parents, assumption of
parental responsibility by the foster parents, and a
de facto relationship of parent and child over a sub
stantial period. Such a claim typically occurs when an
adoptive parent has died intestate, and the child tries
to be named an heir. In a minority ofstates, adoption
by estoppel may be a basis for allowing a child to par
ticipate in a wrongful-death action. -Also termed
equitable adoption; virtual adoption. See ESTOPPEL (1).
3. See de facto adoption. [Cases: Adoption (;::::)6.]
adoption by will. Roman law. A posthumous adoption
effected by a testator's written statement declaring the
intention to adopt and naming the person adopted.
The only legal effect ofsuch an adoption was to entitle
the adopted person to assume the testator's family
name and be regarded as the testator's child. Because
the adopted person was never subject to the testator's
legal control (patria potestas), the person could not
acquire agnatic rights or make a claim on the estate
beyond any specific testamentary grants.
adult adoption. The adoption ofone adult by another.
 Many jurisdictions do not allow adult adop
tions. Those that do often impose restrictions, as by

56 adoption
requiring consent of the person to be adopted, but
may not look too closely at the purpose for which
adoption is sought. [Cases: Adoption ~5.l
agency adoption. An adoption in which parental rights
are terminated and legal custody is relinquished to an
agency that finds and approves the adoptive parents .
An agency adoption can be either public or private. In
all states, adoption agencies must be licensed, and in
most they are nonprofit entities. Parents who volun
tarily place a child for adoption most commonly use
a private agency. Cf. private adoption. [Cases: Infants
~226.l
black-market adoption. 1. An illegal adoption in which
an intermediary (a broker) receives payment for his
or her services. 2. Baby-selling. [Cases: Adoption ~
7.5.]
closed adoption. An adoption in which the biologi
cal parent relinquishes his or her parental rights
and surrenders the child to an unknown person or
persons; an adoption in which there is no disclosure
ofthe identity of the birth parents, adopting parent or
parents, or child . Adoptions by stepparents, blood
relatives, and foster parents are exceptions to the no
disclosure requirement. Also termed confidential
adoption. Cf. open adoption; cooperative adoption.
[Cases: Adoption ~7.3.]
cooperative adoption. A process in which the birth
parents and adoptive parents negotiate to reach a
voluntary agreement about the degree and type of
continuing contact after adoption, including direct
visitation or more limited arrangements such as
communication by telephone or mail, the exchange
of either identifying or nonidentifying information,
and other forms ofcontact. Cf. adoption; closed
adoption. [Cases: Adoption
de facto adoption. An adoption that falls short of the
statutory requirements in a particular state. The
adoption agreement may ripen to a de jure adoption
when the statutory formalities have been met or if
a court finds that the requirements for adoption by
estoppel have been met. -Also termed adoption by
estoppel. [Cases: Adoption
de facto stepparent adoption. See second-parent
adoption.
direct-placement adoption. See private adoption.
embryo adoption. Slang. The receipt of a frozen embryo
that is implanted into a recipient's womb . Donors
must waive all parental rights before the recipients
of the embryo assume legal ownership or custody.
The process is not considered to be a legal adoption
because American law does not treat embryos as
children. [Cases: Adoption
equitable adoption. See adoption by estoppel.
gray-market adoption. See private adoption.
identified adoption. See private adoption.
independent adoption. See private adoption.
intercountry adoption. See international adoption. international adoption. An adoption in which parents
domiciled in one nation travel to a foreign country to
adopt a child there, usu. in accordance with the laws
of the child's nation . International adoptions first
became popular after World War II and escalated after
the Korean Conflict because ofthe efforts ofhumani
tarian programs working to find homes for children
left orphaned by the wars. More recently prospective
parents have turned to international adoption as the
number of healthy babies domestically available for
adoption has steadily declined. -Also termed trans
national adoption; intercountry adoption. See MULTI
ETHNIC PLACEMENT ACT OF 1994. [Cases: Adoption
interracial adoption. See transracial adoption.
interstate adoption. An adoption in which the pro
spective parents live in one state and the child lives
in another state. See INTERSTATE COMPACT ON THE
PLACEMENT OF CHILDREN. [Cases: Adoption
Infants
joint adoption. An adoption in which the prospec
tive parents apply as a couple and are approved or
rejected as a couple, as opposed to filing separate and
individual applications to adopt a child . Although
the term most often applies to adoption by a married
couple, it also applies to an adoption petition by two
unmarried partners who are adopting a child. [Cases:
Adoption ~4.1
open adoption. An adoption in which the biological
mother (sometimes with the biological father) chooses
the adoptive parents and in which the child often con
tinues to have a post-adoption relationship with his
or her biological family . Typically the birth parents
meet the adoptive parents and participate in the sepa
ration and placement process. The birth parents relin
quish all legal, moral, and nurturing rights over the
child, but usu. retain the right to continuing contact
and to knowledge ofthe child's welfare and location.
Cf. closed adoption; cooperative adoption. [Cases:
Adoption Cr~6.1
posthumous adoption. An adoption that becomes
legally final after the death of either an adoptive
parent or the adopted child . Few states recognize
posthumous adoptions; most require all parties to an
adoption to be alive at the time the final judgment is
rendered. [Cases: Adoption C=)4, 5, 20.]
private adoption. (1865) An adoption that occurs inde
pendently between the biological mother (and some
times the biological father) and the adoptive parents
without the involvement of an agency. A private
adoption is usu. arranged by an intermediary such as a
lawyer, doctor, or counselor. Legal custody -though
sometimes not physical custody -remains with the
biological parent or parents until the termination
and adoption are complete. -Also termed private
placement adoption; direct-placement adoption; direct
adoption; gray-market adoption; identified adoption;
independent adoption. Cf. agency adoption.

57
private-placement adoption. See private adoption.
pseudo-stepparent adoption. See second-parent
adoption.
second-parent adoption. An adoption by an unmarried
cohabiting partner of a child's legal parent, not involv
ing the termination of a legal parent's rights; esp., an
adoption in which a lesbian, gay man, or unmarried
heterosexual person adopts his or her partner's bio
logical or adoptive child. See Restatement (Third) of
Property: Wills and Other Donative Transfers  2.5
cmt. i.  Although not all jurisdictions recognize sec
ond-parent adoption, the practice is becoming more
widely accepted. See In re Adoption ofB.L.V.B., 628
A.2d 1271 (Vt. 1993); In re Adoption of Tammy, 619
N.E.2d 315 (Mass. 1993); In re Adoption ofEvan, 583
N.y'S.2d 997 (Sur. Ct. 1992). -Also termed de facto
stepparent adoption; pseudo-stepparent adoption. Cf.
stepparent adoption. [Cases: Adoption ~4.]
stepparent adoption. The adoption of a child by a step
father or stepmother . Stepparent adoptions are the
most common adoptions in the United States. Cf.
second-parent adoption. [Cases: Adoption ~4.]
transnational adoption. See international adoption.
trans racial adoption. An adoption in which at least one
adoptive parent is ofa race different from that ofthe
adopted child . Under federal law, child-placement
agencies may not use race as a factor in approving
adoptions. 42 USCA  5115a. -Also termed inter
racial adoption. See MULTIETHNIC PLACEMENT ACT
OF 19


a. -Also termed inter
racial adoption. See MULTIETHNIC PLACEMENT ACT
OF 1994. [Cases: Adoption ~4.]
virtual adoption. See adoption by estoppel.
wrongful adoption. See WRONGFUL ADOPTION.
2. Roman law. The legal process of creating a parent
child relationship with a young person who is still
under the power of another father. The adopted
person became part of the new paterfamilias's agnatic
family with exactly the same standing as children (or
grandchildren) by blood. This was later modified by
Justinian. 3. Contracts. The process by which a person
agrees to assume a contract previously made for that
person's benefit, such as a newly formed corporation's
acceptance of a preincorporation contract. Cf. ADROGA
TION. [Cases: Corporations ~448(2).]4. Trademarks.
The mental act necessary to acquire legal rights in a
trademark, consisting of knowledge and intention to
use a trademark on or in connection with a product
or service in commerce. [Cases: Trademarks ~1131,
1135.] 5. Parliamentary law. A deliberative assem
bly's approval or endorsement by vote of a motion or
report. -Also termed acceptance; consent; passage;
ratification. -adopt, vb. -adoptive, adj.
adoption agency. A licensed establishment where a bio
logical parent can voluntarily surrender a child for
adoption. See agency adoption under ADOPTION.
Adoption and Safe Families Act. A 1997 federal law that
requires states to provide safe and permanent homes for
abused and neglected children within shorter periods adoptive parent
than those required by earlier state and federal laws .
The primary focus is on the safety and well-being of the
child, in contrast to the previously paramount rights of
the parents. The ASFA signaled a dramatic shift in the
philosophy of child-protection proceedings that had
controlled since 1980 under the Adoption Assistance
and Child Welfare Act. -Abbr. ASFA. See ADOPTION
ASSISTANCE AND CHILD WELFARE ACT; FOSTER-CARE
DRIFT. [Cases: Infants ~226.]
Adoption Assistance and Child Welfare Act. A 1980
federal statute whose purpose was to force states to
use reasonable efforts (1) to avoid removing children
from their homes, (2) to reunite families when children
had been removed because of abuse or neglect, and (3)
when reunification failed, to terminate parental rights
and place the children in permanent homes. 42 USCA
 620 et seq.;  670 et seq . The Act provided funds
for foster-care placement, Child Protective Services,
family preservation and reunification, and foster
care reform to states complying with the Act. Its aim
was to prevent the unnecessary removal of children
from homes and to hasten the return of children in
foster care to their families. It has now been essentially
overruled in philosophy by the 1997 enactment of the
Adoption and Safe Families Act. See ADOPTION AND
SAFE FAMILIES ACT. [Cases: Infants ~155.]
adoption-assistance plan. An employer-sponsored
program that provides financial assistance to employ
ees for adoption-related expenses.
adoption by estoppel. See ADOPTION (1).
adoption by reference. See INCORPORATION BY REFER
ENCE (1).
adoption by will. See ADOPTION.
adoption-registry statute. A law that provides for the
release of adoption information if the biological parent,
the adoptive parent, and the adoptee (after he or she
reaches a certain statutorily prescribed age) all offi
cially record their desire for its release. -Also termed
voluntary-registry law.
active adoption-registry statute. A registry statute that
authorizes a state authority to seek out parties' desires
to obtain or release adoption information when one
party expresses a desire for that information.
passive adoption-registry statute. A registry statute
allowing parties to register their desires for release of
adoption information after an adopted child reaches
a specified age.
adoptive admission. See ADMISSION (1).
adoptive-admissions rule. (1949) Evidence. The prin
ciple that a statement offered against an accused is not
inadmissible hearsay ifthe accused is aware of the state
ment and has, by words or conduct, indicated accep
tance that the statement is true. See adoptive admission
under ADMISSION (1). [Cases: Criminal Law~407.]
adoptive father. See adoptive parent under PARENT.
adoptive mother. See adoptive parent under PARENT.
adoptive parent. See PARENT.

ad opus 58
ad opus (ad oh-pas), adv. [Law Latin] For the benefit; for
the use . This term indicated an intent to create a use
to benefit another. See USE (4).
ad ostendendum (ad ah-sten-den-dam), vb. [Law Latin]
To show.
ad ostium ecclesiae (ad ah-stee-am e-klee-z[h]ee-ee),
adv. [Law Latin] At the church door. See dower ad
ostium ecclesiae under DOWER.
ad paratam executionem (ad pa-ray-tam ek-si-kyoo
shee-oh-nam). [Law Latin] Hist. For execution on
completed diligence . The phrase appeared in judg
ments.
ad pares casus (ad par-eez kay-sas). [Law Latin] Hist.
To similar cases.
ad perpetuam rei memoriam (ad par-pech-oo-<lm reC-I
ma-mor-ee-am). (Latin] Hist. For a perpetual record
of the matter.
"By the statute 1685, a register-book is appointed to be
kept, in which entails are to be recorded, with the name of
the maker, the heirs, the provisions and conditions of the
entail, 'all to remain in the said register ad perpetuam rei
memoriam.'" John Trayner, Trayners Latin Maxims 29-30
(4th ed. 1894).
ad perpetuam remanentiam (ad pJr-pech-oo-Jm rem
a-nen-shee-am). [Law Latin] Hist. To remain forever.
 When a vassal surrendered the right of property to
the superior ad perpetuam remanentiam, the surren
der was in favor of the superior, as distinguished from
a transfer in favorem, in which the vassal transferred
the property to the superior to be regranted in favor
ofa purchaser.
ad pios usus (ad pI-ohs yoo-sas or yoo-zas), adv. [Law
Latin] For pious (religious or charitable) uses or
purposes. This phrase was used in reference to gifts
and bequests.
ad pristinum statum (ad pris-ti-n;lm stay-t;lm). [Latin]
Hist. To its pristine condition.
adpromission (ad-pra-mish-;ln). [fro Latin adpromis
sio] Roman law. 1. A suretyship contract in which the
surety promises to be liable for no more than the debtor
owes. Roman law had three types of adpromission:
(1) sponsion; (2) fidepromission; and (3) fidejussion. In
addition, mandatum and pactum de constitutio could
indirectly be used by way of guarantee. 2. A suretyship
relation. Also termed adpromissio.
adpromissor (ad-prom-is-;lr), n. [Latin] Roman law. A
surety for a debtor under a promise by stipulation. See
ADPROMISSION.
ad prosequendam (ad prahs-a-kwen-dam), vb. [Law
Latin] To prosecute.
ad punctum temporis (ad p;lngk-tdm tem-p;l-ris), adv.
[Law Latin] At the point oftime.
ad quaerimoniam (ad kweer-a-moh-nee-;lm), adv. [Law
Latin] On complaint of.
ad quem (ad kwem), adv. lLatin] To which. This term is
used as a correlative to a quo in computation oftime or
distance. For example, the terminus a quo is the point ofbeginning or departure; the terminus ad quem is the
end ofthe period or point ofarrival.
ad quod curia concordavit (ad kwod kyoor-ee-J kon
kor-day-vit). [Law Latin] To which the court
ad quod damnum (ad kwod dam-nam). [Latin "to what
damage"] Hist. A writ directing the sheriff to inquire of
jurors under oath to what damage a grant (as of a fair,
market, liberty, or other franchise) would be to various
people if the king were to make the grant.  The writ
was issuable from the court ofchancery. Also termed
writ ofad quod damnum.
ad quod non juit responsum (ad kwod non fyoo-it
ri-spon-s<lm). [Law Latin] To which there was no
answer. This phrase was used in law reports to
indicate an unresponded-to argument or objection.
ADR. abbr. 1. ALTERNATIVE DISPUTE RESOLUTION. 2.
ASSET-DEPRECIATION RANGE. 3. AMERICAN DEPOSI
TORY RECEIPT.
ad rationem ponere (ad ray-shee-oh-nam poh-nd-ree),
vb. [Law Latin "to give a reason"] To cite (a person) to
appear. The Exchequer summoned persons to appear
and explain a charge with this phrase.
ad recognoscendum (ad ree-kog-nJ-sen-dam), vb. [Law
Latin] To recognize . These were formal words in
writs .
adrectare (ad-rek-tair-ee), vb. [Law Latin] Hist. To do
right; to satisfy.
ad rectum (ad rek-tam), vb. [Law Latin] To right; to meet
an accusation.
ad reparationem etsustentationem (ad rep-J-ray-shee
oh-nJm et s;l-sten-tay-shee-oh-nam), adv. [Law Latin]
For repairing and keeping in suitable condition.
ad reprimendam improbitatem huius generis
hominum (ad rep-ri-men-ddm im-proh-bi-tay-tdm
hI-dS [or hWI-dS] jen-d-ris hom-d-nam). [Latin] Hist.
To repress the dishonesty of this class ofmen. The
phrase appeared in reference to obligations that the
law imposed on certain persons (such as innkeep
ers) because they were in a unique position to receive
and misappropriate valuables entrusted to them. Cf.
NAUTAE, CAUPONES, STABULARJI.
ad respondendum (ad ree-spon-den-ddm). [Latin] To
answer. See capias ad respondendum under CAPIAS;
habeas corpus ad respondendum under HABEAS
CORPUS.
ad rimandam veritatem (ad ri-man-dJm ver-i-tay-tam).
[Latin] Hist. For the investigation of the truth. Parol
testimony was sometimes allowed ad rimandam veri
tatem.
adrogate (ad-roh-gayt), vb. Roman law. (Of a man)
to adopt a son or daughter who is not already under
another father's power (patria potestas) .  Daughters
became eligible for adoption in the later Empire.
adrogation (ad-roh-gay-shan), n. [fro Latin arroga
tio (a-roh-gay-shee-oh)] Roman law. An adoption
of a person of full capacity (sui juris) into another

59 adulterini
family. -Also termed adrogatio (ad-roh-gay-shee-oh).
Cf. ADOPTION (3). adrogate, vb,
"When the person to be adopted was suijuris, and not in
the power of a paterfamilias, the ceremony of adoption
was called adrogatio." Lord Mackenzie, Studies in Roman
Law 132 Uohn Kirkpatrick ed., 7th ed. 1898).
ADS. abbr. See AMERICAN DEPOSITARY SHARE.
ads. abbr, AD SECTAM.
ad satisfaciendum (ad sat-is-fay-shee-en-dam), [Latin] To
satisfy. See capias ad satisfaciendum under CAPIAS.
adscendentes (ad-sen-den-teez), n. pi. [Latin] Civil law.
Ascendants,
adscripti glebae (ad-skrip-tI glee-bee), n. [Latin
"(tenants) tied to the soW] Roman law. Tenants or
serfs bound to the land. Ifthe land was conveved,
the serfs were conveyed along with it. Also ter{ued
glebae ascriptitii.
adscriptitius (ad-skrip-tish-ee-<ls), n. [Latin] Roman
law. 1. A supernumerary citizen or soldier. 2. A tenant
bound to the land. -Also spelled adscripticius; ascrip
ticius.
adscriptus (ad-skrip-tas), adj. [Latin] Roman law. 1.
Added, annexed, or bound by or in writing; enrolled
or registered. 2. Bound, as in servus colonae adscrip
Ius (a tenant bound to an estate as a cultivator) or
fundus adscriptus (an estate bound to or burdened
with a duty). -Also spelled ascriptus; ascriptitius. See
ADSCRIPTUS GLEBAE.
adscriptus glebae (ad-skrip-t .. s glee-bee). [Latin "(a
tenant) tied to the soil"] Roman law. A tenant or serf
bound to the land . Ifthe land was conveyed, the serfs
were conveyed along with it, but in other respects they
were free citizens. Also termed glebae ascriptitius.
PI. adscripti glebae.
ad sectam (ad sek-t ..m), adj. [Law Latin] At the suit of.
This term, in abbreviated form, was used in indexing
the names ofcases by defendant -for example, "B ads.
!\' ifB is the defendant. Abbr. ads.; adsm.
adsessor (


example, "B ads.
!\' ifB is the defendant. Abbr. ads.; adsm.
adsessor (ad-ses-ar), n. [Latin] 1. Roman law. A legally
qualified assistant or adviser to a judge. 2. Hist.
Assessor.  This was a title ofa master in chancery.
Also spelled assessor.
ad similes casus (ad sim-<l-Ieez kaY-S<ls). [Law Latin] Hist.
To like cases. See CONSIMILI CASU.
adsm. abbr. AD SECTAM.
adstipulator (ad-stip-Y<l-Iay-t ..r), n, [Latin] Roman law.
An additional party to a contract who could enforce the
contract along with the principal (i.e., the stipulator) .
 An adstipulator who enforced an agreement would
have to, in turn, pay the stipulator. An adstipulator was
brought in to avoid the rule that a person could not
directly stipulate for payment after death.
ad sustinenda anera matrimonii (ad s<ls-ti-nen-d<l
on-<lr- .. ma-tr ..-moh-nee-l). [Latin] Scots law. To bear
the burdens or expenses of the married state. The
phrase appeared in reference to the purpose for which
the dowry was used. ad tentandas vires haereditatis (ad ten-tan-das VI-reez
h..-red-i-tay-tis). [Latin] Hist. For the purpose oftesting
the strength of the inheritance.
ad terminum annorum (ad tar-m ..-n..m <l-nor-<lm), adv.
[Law Latin] For a term ofyears.
ad terminum qui praeteriit (ad tar-m ..-n..m kWI pri
ter-ee-it). [Law Latin "for a term which has passed"]
A writ ofentry to recover land leased out to a holdover
tenant. -Also termed entry ad terminum qui prae
teriit.
ad testificandum (ad tes-ti-fi-kan-d .. m). [Latin] To
testify. See habeas corpus ad testificandum under
HABEAS CORPUS; subpoena ad testificandum under
SUBPOENA.
ad tunc. [Latin] Then and there.
ad tunc et ibidem (ad tangk et i-bI-d ..m or ib-i-d .. m),
adv. [Latin] Hist. Then and there being found . This
phrase was formerly used in indictments.
adult ( ..-dalt or ad-<llt), n. (17c) A person who has attained
the legal age ofmajority, generally 17 in criminal cases
and 18 for other purposes. -Also termed major. Cf.
MINOR (1). [Cases: Infants C:::>1,68.5.] adult (a-dalt),
adj.
vulnerable adult. An adult who is physically or
mentally disabled; esp., one dependent on institu
tional services.
adult adoption. See ADOPTION.
adult correctional institution. See PRISON.
adult disabled person. See PERSON (1).
adulter (..-dOll-tar), n. [Latinl Roman law. An adulterer;
a man guilty of adultery.
adultera (a-dal-t ..-r<l), n, [Latin] Roman law. An adulter
ess; a woman guilty ofadultery.
adulterate ( ..-dal-t;}-rayt), vb. To debase or make impure
by adding a foreign or inferior substance. [Cases: Adul
teration C:::>4.J adulteration, n.
adulterated drug. See DRUG.
adulterator (<l-dal-ta-ray-t .. r), n. [Latin fro adulterare "to
adulterate"] Civil law. A corrupter; a forger; a coun
terfeiter, as in adulteratores monetae ("counterfeiters
of money").
adulterine ( .. -dal-ta-rin), adj. 1. Characterized by adul
teration. 2. Illegal; unlicensed. 3. Born of adultery. 4.
Ofor involving adultery' adulterous,
adulterine, n. Archaic. An illegitimate child.
adulterine bastard. See BASTARD.
adulterine gnild. Hist. A group oftraders who act like a
corporation without a charter and who pay an annual
fine for permission to exercise their usurped privi
leges.
adulterini (..-d..l-ta-rI-nI). [Law Latin] Hist. Children
begotten adulterously. Cf. INCESTUOSI.

60 adulterium
adulterium (ad-al-teer-ee-am), n. [Latin] Roman & civil
law. L The crime of adultery. 2. A punishment imposed
for the offense of adultery.
"Adulterium .... [Aldultery ... was considered a criminal
offense only when committed by a married woman
(adultera). .. [Before the Lex Julia de adulteriis coercen
dis of 18 B.C.], customary law admitted only immediate
revenge of the husband .... Under the Julian statute, the
father of the adulterous woman was permitted to kill her
and her partner (adulter) if he surprised them in his or her
husband's house. The husband's rights were rather limited:
he was forced to divorce her, for otherwise he made himself
guilty of matchmaking [panderingl .. . Besides, he or his
father had to accuse the adulteress of adulterium which
now became a public crime prosecuted before a criminal
court.' Adolf Berger, Encyclopedic Dictionary ofRoman Law
352 (1953).
adultery (a-d~l-ta-ree), n. (15c) Voluntary sexual inter
course between a married person and someone other
than the person's spouse . In many jurisdictions,
adultery is a crime, but it is rarely prosecuted. In states
that still permit fault divorce, proof of adultery is a
ground on which a divorce may be granted. A court
may also use proof of adultery as a reason to reduce
the offending spouse's marital-property award in a
property division. Judges traditionally viewed adultery
as a reason for denying the offending spouse primary
custody of a child in a child-custody dispute. But today,
only the deleterious effect of immoral behavior on the
child is typically considered relevant. Formerly
also termed spouse-breach; avowtry. Cf. FORNICATION;
INFIDELITY. [Cases: Adultery (~=)I; Divorce C:::c26.]
adulterous, adj. -adulterer, adulteress, n.
"Returning to the question of adultery, evidently this word
cannot be interpreted today in precisely the meaning it
bore for the Old Testament patriarchs. On Old Testament
principles one may marry several wives, even two sisters;
and a married man may and should beget children for his
dead brother. When Sarah found herself childless, she
advised her husband Abraham to go in unto her maid,
so that she might obtain children by the maid. Such
acts, though evidently not adulterous within the original
meaning of the Decalogue, would be regarded as adulter
ous by the laws and customs of Western society at the
present day." Glanville Williams, The Sanctity of Life and
the Criminal Law 134 (1957).
"If a statute provided for the punishment of adultery
without definition of the term, this gave rise to a difficulty
as to the meaning ofthe word. In England, (1) the common
law meaning of the word was sex with another'S wife, but
this was not a common-law offense: (2) as the name of an
offense it referred to sex by a married person with one
other than the spouse, but that was recognized only in the
ecclesiastical court." Rollin M. Perkins & Ronald N. Boyce,
Criminal Law455 (3d ed. 1982).
"In some states, sexual intercourse between two married
persons, who are not married to each other, constitutes
adultery on the part of both; sexual intercourse between
a married person and an unmarried person likewise consti
tutes adultery on the part of both. In other states, adultery
can be committed only by a married person. Thus, sexual
intercourse between two married persons, who are not
married to each other, constitutes adultery on the part
of both; but if only one party to the sexual intercourse
is married, the intercourse constitutes adultery on the
of the married person and fornication on the part of
unmarried person. In other states, sexual intercourse
constitutes adultery only where the woman is the married
party. Thus. sexual intercourse between a married woman and a married man other than her spouse or sexual inter
course between a married woman and an unmarried man
constitutes adultery on the part of both; but if the woman
is unmarried, neither party is guilty of adultery even if the
man is married." 2 Charles E. Torcia, Wharton's Criminal
Law  211, at 531 (15th ed. 1994).
double adultery. Adultery between persons who are
both married to other persons. [Cases: Adultery
1; Divorce
incestuous adultery. Adultery between relatives;
adultery committed by persons who are closely
related. [Cases: Adultery C::::> 1; Incest
open and notorious adultery. Archaic. Adultery
in which the parties reside together publicly, as if
married, and the community is generally aware of
the living arrangement and the fact that the couple is
not married. [Cases: Marriage C=53.]
single adultery. Adultery in which only one of the
persons is married. [Cases: Adultery,> I; Divorce
C=;>26.]
adult offender. See OFFENDER.
Adult Protective Services. A governmental agency with
responsibility for investigating allegations of elder
abuse and neglect and for responding appropriately .
Every state has such an agency_ -Abbr. APS_
ad usum et commodum (ad yoo-sam [or -zam] et kom
a-dam), adv. [Law Latin) To the use and benefit.
ad valentiam (ad v<J-Ien-shee-am), adv. [Law Latin] To
the value.
ad valorem (ad v<J-lor-am), adj. [Latin "according to
the value"] (Of a tax) proportional to the value of the
thing taxed. [Cases: Taxation C=:-o2061.] -ad valorem,
adv.
ad valorem duty. See DUTY (4).
ad valorem tariff. See TARIFF (2).
ad valorem tax. See TAX.
advance, n. (17c) 1. The furnishing of money or goods
before any consideration is received in return. 2. The
money or goods furnished.
advance bill. See BILL (6).
advance-decline index. See INDEX (2).
advance directive. (1984) 1. A document that takes
effect upon one's incompetency and deSignates a sur
rogate decision-maker for healthcare matters. _ The
Uniform Health-Care Decision Act (1993) states that
the power ofattorney for healthcare must be in writing
and signed by the principal. Unless otherwise stated,
the authority is effective only upon a determination
that the principal lacks capacity, and it ceases to be
effective once the principal regains his capacity. The
agent must make decisions in accordance with the
principal's relevant instructions, if there are any, or in
the principal's best interests. -Also termed power of
attorney for healthcare; healthcare proxy. See POWER OF
ATTORNEY; UNIFORM HEALTH-CARE DECISION ACT. 2. A
legal document explaining one's wishes about medical
treatment if one becomes incompetent or unable to

61 adversarius
communicate. -Often shortened to directive. -Also
termed medical directive; physician's directive; written
directive. See NATURAL-DEATH ACT; PROXY DIREC
TIVE. Cf. LIVING WILL. 3. DO-NOT-RESUSCITATE ORDER.
[Cases: Health <8='916.]
Advanced Television Enhancement Forum. A stan
dard-setting organization that defines the protocols
for HTML-based enhanced television. -The organiza
tion is an alliance ofrepresentatives from broadcast and
cable networks, the consumer electronics and personal
computer industries, and television-transport compa
nies. -Abbr. ATVEF.
advance-fee fraud. See FRAUD.
advancement, n. (15c) A payment or gift to an heir (esp.
a child) during one's lifetime as an advance share of
one's estate, with the intention of reducing or extin
guishing or diminishing the heir's claim to the estate
under intestacy laws. -In some jurisdictions, the
donor's intent is irrelevant ifall the statutory elements
of an advancement are present. A few jurisdictions
define the relationship between the donor and donee
to include inter vivos transfers between ancestors and
descendants. See SATISFACTION (4). Cf. ADEMPTION.
[Cases; Descent and Distribution <8='93-118; Wills <8='
757-762.] -advance, vb.
"It is sometimes difficult to know whether money which
a parent has given to his child is an advancement or not,
but, generally speaking, an advancement is money which
is given either to start a child in life or to provide for him,
and does not include casual payments, so that a child is not
bound to account for every sum received from a parent."
G.c. Cheshire, Modern Law of Real Property 784 (3d ed.
1933).
advance payment. See PAYMENT.
advance premium. See PREMIUM (1).
advance pricing agreement. Tax. A usu. binding
arrangement made between a multinational company
and one or more national tax authorities about what
method the company will use to calculate transfer
prices. -The agreement's purpose is to reduce or elimi
nate double taxation. -Abbr. APA.
bilateral advance pricing agreement. An advance
pricing agreement made between a company and
two tax authorities.
multilateral advance pricing agreement. An advance
pricing agreement made between a company and
more than two tax authorities.
unilateral advance pricing agreement. An advance
pricing agreement made


made between a company and
more than two tax authorities.
unilateral advance pricing agreement. An advance
pricing agreement made between a company and
one tax authority. _ This does not necessarily allow
a company to avoid double taxation. A tax authority
that is not a party to the agreement is not bound by
the transfer-pricing method specified in the agree
ment.
advance sheets. (1868) A softcover pamphlet containing
recently reported opinions by a court or set of courts.
-Advance sheets are published during the interim
between an opinion's announcement and its inclusion
in a bound volume oflaw reports. Cf. slip opinion (1) under OPINION (1); REPORT (3). [Cases: Courts <8=' 103;
Reports
"As a bound volume of any series of reports is not published
until sufficient matter has accumulated to fill it, it neces
sarily results in the holding of the first decisions rendered
after the preceding volume has been issued, until there are
enough more to justify the publication of the next volume.
Even after enough material has been accumulated to fill a
volume, there is necessarily considerable time consumed in
its printing, indexing, and binding before the book is ready
for delivery. Hence, it is customary. as soon as a part of
the volume has come from the press, to issue such part in
pamphlet form; and these paper-bound copies are known
as 'advance sheets.' They are portions of the next volume
issued in advance offinal publication, being paged as they
will appear in the bound volume. Advance sheets enable
the enterprising lawyer to obtain the decisions right down
almost to the date of his search for the law." Frank Hall
Childs, Where and How to Find the Law 21 (1922).
advancing market. See bull market under MARKET.
advantagium (ad-van-tay-jee-Jm), n. [Law Latin] Hist.
An advantage.
advena (ad-vJ-nJ). n. [Latin] Roman law. One who
has come from abroad, esp. for a temporary stay; a
sojourner.
adventitia bona (ad-ven-tish-ee-a boh-nJ). See BONA
ADVENTITIA.
adventitia dos (ad-ven-tish-ee-a dohs), n. [Latin] Civil
law. A dowry given by someone other than the wife's
paterfamilias. PI. adventitiae dotes.
adventitious property. See PROPERTY.
ad ventrem inspiciendum (ad ven-tram in-spish-ee-en
dam). n. [Latin] See DE VENTRE INSPICIENDO.
adventura (ad-ven-t[y]oor-J). n. [Law Latin] Hist. An
adventure. -Flotsam, jetsam, and lagan were styled
adventurae maris ("adventures of the sea").
adventure. (17c) 1. A commercial undertaking that has
an element of risk; a venture. Cf. JOINT VENTURE. 2.
Marine insurance. A voyage involVing financial and
insurable risk, as to a shipment of goods. Often
shortened to venture. [Cases: Insurance <8='2214.]
common adventure. A maritime enterprise, charac
terized as an undertaking in which all participants.
including the carrier, everyone with an interest in
the cargo. and the insurers of all share the risks of
the perils ofthe sea. _ The principle of shared risk is
fundamental to maritime law. -Also termed joint
adventure; common venture. [Cases: Shipping <8='
186.)
gross adventure. A loan on bottomry, so called because
the lender will be liable for the gross (or general)
average. See BOTTOMRY.
joint adventure. 1. See common adventure. 2. See JOINT
VENTURE.
adventurer. A person who undertakes a hazardous
action or enterprise; one with a stake in a commercial
adventure.
adversarius (ad-vJr-sair-ee-Js). n. [Latin] Roman law.
An adversary in a lawsuit.

62 adversary
adversary (ad-vdr-ser-ee), n. (14c) An opponent; esp.,
opposing counsel. -adversary, adversarial, adj.
adversary procedure. See ADVERSARY SYSTEM.
adversary proceeding. (1744) 1. A hearing involving
a dispute between opposing parties <Judge Adams
preSided over the adversary proceeding between the
landlord and tenant>. 2. Bankruptcy. A lawsuit that is
brought within a bankruptcy proceeding, governed
by special procedural rules, and based on conflicting
claims usu. between the debtor (or the trustee) and a
creditor or other interested party <the Chapter 7 trustee
filed an adversary proceeding against the party who
received $100,000 from the debtor one week before the
bankruptcy filing>. [Cases: Bankruptcy ~2156.]
adversary system. (1936) A procedural system, such as
the Anglo-American legal system, involving active and
unhindered parties contesting with each other to put
forth a case before an independent decision-maker.
Also termed adversary procedure; (in criminal cases)
accusatorial system; accusatory procedure. Cf. INQUISI
TORIAL SYSTEM.
"The term adversary system sometimes characterizes
an entire legal process, and sometimes it refers only to
criminal procedure. In the latter instance, it is often used
interchangeably with an old expression of continental
European origin, 'accusatorial procedure,' and is juxta
posed to the 'inquisitorial,' or 'nonadversary,' process.
There is no precise understanding, however, of the insti
tutions and arrangements denoted by these expressions."
Mirjan Damaska, "Adversary Procedure," in 1 Encyclope
dia ofCrime and Justice 24, 24-25 (Sanford H. Kadish ed.,
1983).
adverse. I. Against; opposed (to). 2. Having an opposing
or contrary interest, concern, or position. 3. Contrary
(to) or in opposition (to). 4. HOSTILE.
adverse action. A decision or event that unfavorably
affects a person, entity, or association. -Common
examples of adverse actions include a decrease in one's
pay by an employer or a denial ofcredit by a lender.
adverse-agent doctrine. The rule that an agent's knowl
edge will not be imputed to the principal if the agent
is engaged in fraudulent activities that are concealed
as part of the fraud. [Cases: Principal and Agent
180.]
adverse authority. See AUTHORITY (4).
adverse-domination doctrine. The equitable principle
that the statute of limitations on a breach-of-fiduciary
duty claim against officers and directors (esp. a corpo
ration's action against its own officers and directors) is
tolled as long as a corporate plaintiff is controlled by
the alleged wrongdoers. -The statute is tolled until
a majority of the disinterested directors discover or
are put on notice ofthe claim against the wrongdoers.
The purpose ofthis doctrine is to prevent a director or
officer from successfully hiding wrongful or fraudulent
conduct during the limitations period. FDIC v. Shrader
& York, 991 F,2d 216, 227 (5th Cir. 1993). This doctrine
is available only to benefit the corporation. -Also
termed adverse dominion; doctrine ofadverse domina
tion. [Cases: Limitation of Actions ("'-::::>58(4,5).] adverse dominion. 1. See ADVERSE-DOMINATION
DOCTRINE. 2. Torts. Rare. The unlawful exercise of
authority or control over goods so that the true owner
is dispossessed. See CONVERSION (2). 3. Rare. See
ADVERSE POSSESSION. [Cases: Limitation of Actions
~58(4, 5).]
adverse easement. See prescriptive easement under
EASEMENT.
adverse employment action. An employer's decision that
substantially and negatively affects an employee's job,
such as a termination, demotion, or pay cut. -Also
termed adverse job action.
adverse enjoyment. See ENJOYMENT.
adverse impact. See DISPARATE IMPACT.
adverse inference. See INFERENCE.
adverse-inference rule. See ADVERSE-INTEREST RULE.
adverse interest. (17c) An interest that is opposed or
contrary to that ofsomeone else.
adverse-interest rule. (1904) The principle that ifa party
fails to produce a witness who is within its power to
produce and who should have been produced, the
judge may instruct the jury to infer that the witness's
evidence is unfavorable to the party's case. -Also
termed empty-chair doctrine; adverse-inference rule.
[Cases: Criminal Law Evidence ~77;Trial
~211.]
adverse job action. See ADVERSE EMPLOYMENT
ACTION.
adverse opinion. See OPINION (2).
adverse party. See PARTY (2).
adverse possession. (lSc) 1. The enjoyment of real
property with a claim ofright when that enjoyment is
opposed to another person's claim and is continuous,
exclusive, hostile, open, and notorious. _ In Louisiana,
it is the detention or enjoyment of a corporeal thing
with the intent to hold it as one's own. La. Civ. Code art.
3421. Also termed adverse dominion. Cf. PRESCRIP
TION (5). [Cases: Adverse Possession ~1-95.]
constructive adverse possession. (1823) 1. Adverse pos
session in which the claim arises from the claimant's
payment of taxes under color of right rather than
by actual possession of the land. 2. Louisiana law.
Adverse possession by operation oflaw. _ When a
possessor holds title to the property and corporeally
possesses part ofit, the possessor is deemed to have
constructive possession of the rest of the property
described in the title. La. Civ. Code art. 3426. [Cases:
Adverse Possession
2. The doctrine by which title to real property is
acquired as a result of such use or enjoyment over
a specified period of time. See POSSESSION. [Cases:
Adverse Possession
adverse presumption. See adverse inference under
INFERENCE.
adverse title. See TITLE (2).

63 ad vitandum perjurium
adverse use. See USE (1).
adverse witness. See hostile witness under WITNESS.
adversus (ad-vdr-s;>s), prep. [Latin] Against. -The first
letter of this term was formerly used in law reports in
place ofthe more commonly used v. ("versus"). Abbe.
a.
adversus bonos mores. See CONTRA BONOS MORES.
advertent negligence. See NEGLIGENCE.
advertising. 1. The action ofdrawing the public's atten
tion to something to promote its sale. 2. The business
ofproducing and circulating advertisements.
comparative advertising. Advertising that specifically
compares the advertised brand with another brand of
the same product.
competitive advertising. AdvertiSing that contains
little information about the advertised product, and
that is used only to help a producer maintain a share
of the market for that product.
informative advertising. Advertising that gives
information about the suitability and quality of a
product.
advertising injury. See INJURY.
advertiSing substantiation. A doctrine of the Federal
Trade Commission making it an unfair and deceptive
act to put out an advertisement unless the advertiser
first has a reasonable basis for believing that each claim
in the advertisement is true.
advice (ad-vIs). 1. Guidance offered by one person, esp. a
lawyer, to another. See ADVICE OF COUNSEL. 2. Notice of
the drawing ofa draft for goods or services. See LETTER
OF ADVICE; ADVICE OF CREDIT. -advise (ad-vIz), vb.
remittance advice. Notice that a sum of money has
been sent (esp. by mail) for goods or services. See
REMITTANCE.
advice and consent. The right of the U.S. Senate to par
ticipate in making and ratifying treaties and appoint
ing federal officers, provided by U.S. Const. art II,  2.
-As to treaties, the Senate's advice and consent gen
erally includes Senate involvement in the negotiation
process, and the need for a two-thirds majority of the
Senate for ratification. As to public officers, the Senate's
advice and consent generally includes the right to vote
on approval of an appointment. [Cases: United States
(>35; Treaties (>3.]
advice ofcounsel. (17c) l. 1be gUidance given by lawyers
to their clients. 2. A defense in which a party seeks to
avoid liability or punishment by claiming that he or
she acted reasonably and in good faith on the attor
ney's advice. _ Such a defense usu. requires waiver of
the attorney-client privilege, and the attorney cannot
have knowingly participated in implementing an illegal
plan. [Cases: Criminal Law (>37.20.] 3. In a mali
cious-prosecution lawsuit, a defense requiring both a
complete presentation of facts by the defendant to his or
her attorney and honest compliance with the attorney's advice. See MALICIOUS PROSECUTION. [Cases: Malicious
Prosecution (.::::>21, 25(2).]
"Advice of counsel is a defense to a limited number of torts
involving lack of probable cause, bad faith, or malice as an
element of the cause of action. By far the most frequent
cause of action against which the defense is asserted is
malicious prosecution. The defense may also be asserted
to avoid liability for punitive damages on the reasoning
that good faith reliance on advice of counsel defeats the
malice necessary to an award of punitive damages. In civil
matters, the advice is typically obtained from the defen
dant's own attorney; when the underlying proceeding is
criminal, the advice may be obtained from the district
attorney'S office or similar source and may take the form
of action by that officer rather than advice followed by
action by the defendant." 4 Ann Taylor Schwing, California
Affirmative Defenses  41:26, at 8


action by the defendant." 4 Ann Taylor Schwing, California
Affirmative Defenses  41:26, at 82 (2d ed. 1996).
advice-of-counsel defense. Patents. In an action for
infringement, an assertion that after learning ofthe
owner's rights, the defendant sought, obtained, and
relied on an attorney's well-reasoned opinion before
continuing the challenged act. _ Courts treat the asser
tion as a factor in determining whether an act was
willful (to support enhanced damages). It is not a true
defense. Cf. willful infringement under INFRINGEMENT.
[Cases: Patents (.::::>227.]
advice of credit. Notice by an adviSing bank of the
issuance ofa letter ofcredit. Cf. ADVICE. [Cases: Banks
and Banking (.::::> 191.10.]
ad vindictam publicam (ad vin-dik-t;>m pab-li-kdm).
[Latin] Scots law. For vindicating the public interest.
 The phrase appeared in reference to the purpose for
which government prosecuted crimes.
advisare (ad-vi-zair-ee), vb. [Law Latin] To consult,
deliberate, or consider. See CURIA ADVISARI VULT.
advisement (ad-vlZ-mdnt). (l4c) Careful consideration;
deliberation <the judge took the matter under advise
ment and promised a ruling by the next day>.
advisory action. Patents. See advisory office action under
OFFICE ACTION.
advisory committee. A committee formed to make
suggestions to an executive or legislative body or to an
official; esp., anyone offive committees that propose
to the Standing Committee on Rules of Practice and
Procedure amendments to federal court rules, the five
committees being responsible for appellate, bankruptcy,
dvil, criminal, and evidence rules. [Cases: Federal Civil
Procedure (>31.]
advisory counseL See COUNSEL
advisory jury. See JURY.
advisory office action. See OFFICE ACTION.
advisory opinion. See OPINION (1).
ad vitam (ad vI-t;}m), adj. [Latin] For life.
ad vitam aut culpam (ad vI-t;>m awt kal-p;>m), adj. [Law
Latin] For life or until misbehavior. -This phrase
described a tenure ofoffice.
ad vitandum perjurium (ad vI-tan-d;}m p;>r-juur
ee-am). [Latin] Scots law. For avoiding perjury. See OB
METUM PERJURIL

advocacy 64
advocacy. 1. The work or profession ofan advocate. 2.
1he act of pleading for or actively supporting a cause
or proposal.
advocare (ad-va-kair-ee), vb. [Law Latin) 1. To advocate,
defend, or protect. 2. To acknowledge or admit openly,
as to acknowledge paternity of a child (advocare
filium).
advocassie (ad-va-ka-see), n. [Law French] Advocacy.
advocata (ad-va-kay-ta), n. [Law Latin] Hist. A patroness;
a woman holding the right to present to a church.
advocate (ad-va-kit), n. (14c) 1. A person who assists,
defends, pleads, or prosecutes for another.
public advocate. An advocate who purports to repre
sent the public at large in matters of public concern,
such as utility rates or environmental quality.
2. Civil & Scots law. A barrister; specif., a member of
the Faculty of Advocates (the Scottish counterpart of
a barrister) or ofthe Society ofAdvocates in Aberdeen
(a society ofsolicitors). A member of the Aberdeen
society is designated "advocate in Aberdeen." Cf. BAR
RISTER. 3. Hist. Eccles. law. A person who is trained in
both canon and secular law and can (1) appear in an
ecclesiastical or admiralty court on another's behalf,
and (2) give legal advice . Members of the College of
Advocates (also known as Doctors' Commons) bore
the title ofadvocate. After the dissolution ofthe College
in 1857, the term became indistinguishably associ
ated with barrister. -advocate (ad-va-kayt), vb.
advocacy (ad-va-b-see), n.
advocate-depute. Scots law. One ofa number of advo
cates appointed by the Lord Advocate to prosecute
criminal cases in his or her name.
Advocate General. Scots law. An officer appointed under
the Scotland Act of 1998 to advise the British govern
ment on Scotland and to represent it in court.
advocate of the faith. Eccles. law. Counsel for the pros
ecution in a heresy trial.
advocate's bias. See BIAS.
advocate-witness rule. See LAWYER-WITNESS RULE.
advocati ecclesiae (ad-va-kay-tI e-klee-z[h]ee-ee), n. pl.
[Latin "church advocates"] Hist. Eccles. law. 1. Church
patrons who had a right to present a clerk to a benefice.
See ADVOWSON. 2. Legal advocates retained to argue
cases relating to a church.
advocatio (ad-va-kay-shee-oh), n. [Law Latin] Hist. 1. An
inferior's management of a business for a superior. 2.
The defense ofa religious establishment. 3. ADVOWSON.
4. Civil law. The quality, function, privilege, office, or
service of an advocate; legal assistance.
advocation (ad-va-kay-shan), n. Scots law. The removal
ofa criminal case from a lower court to the High Court
ofJusticiary for verdict.
advocatione decimarum (ad-va-kay-shee-oh-nee des-a
mair-am), n. [Law Latin] Hist. A writ to collect a tithe
belonging to the church. advocator (ad-voh-kay-tar), n. [Law Latin] Hist. 1. A
person who calls on another to warrant a title. 2. A
warrantor. 3. The patron ofa benefice.
advocatus (ad-voh-kay-tas). [Latin "advocate"]!. Roman
law. A legal adviser; a person who assists clients with
cases before judicial tribunals. Cf. CAUSIDICUS. 2. Hist.
The patron 'who has an advowson. Also termed
advowee; avowee. See ADVOWSO:N. 3. Hist. A person
called on by another to warrant a title.
advocatus diaboli (ad-voh-kay-tas dI-ab-a-lr), n. [Latin
"devil's advocate") Eccles. law. An official who argues
against a person's beatification or canonization.
advocatus ecdesiae (ad-va-kay-tas e-klee-z[h]ee-ee).
[Law Latin] Hist. Eccles. law. The patron ofa benefice.
advocatusfisci (ad-voh-kay-tas fisk-I). [Latin] Roman
law. An official responsible for representing the emperor
in cases involving the public fisc.
ad voluntatem (ad vol-an-tay-tam), adv. & adj. [Law
Latin] At will.
advoutrer (ad-vow-trar), 11. [Law French] Hist. An adul
terer. Also termed advouter; advouterer; advoutre.
advoutry (ad-vow-tree), 11. [Law French] Hist. Adultery
between two married persons. Also spelled
advowtry.
advowee (ad-vow-ee). A patron who holds an advowson;
ADVOCATUS (2). -Also spelled avowee.
advowee paramount. The sovereign, or highest
patron.
advowson (ad-vow-zan). Eccles. law. Ihe right of pre
senting or nominating a person to a vacant benefice
in the church. The person enjoying this right is
called the "patron" (patron us) of the church, and was
formerly termed "advocatus:' the advocate or defender,
or in English, the "advowee." The patron presents the
nominee to the bishop (or, occasionally, another church
dignitary). Ifthere is no patron, or ifthe patron neglects
to exercise the right within six months, the right lapses
and a title is given to the ordinary (usu. the bishop) to
appoint a cleric to the church. Cf. PRESENTATION (2);
INSTITUTION (5).
"A right of presentation has always been regarded as a
valuable object of a sale, a species of real property which
can be transferred and dealt with generally in the same
way as a fee simple estate in lands .... Thus an advowson
may be conveyed away in fee simple, fee tail, for life or
years, or the conveyance may be limited to the right of
next presentation or of a specified number of future pre
sentations." G.c. Cheshire, Modern Law of Real Property
1l 0 (3d ed. 1933).
"An advowson is the perpetual right of presentation to an
ecclesiastical living. The owner of an advowson is known
as the patron. When a living becomes vacant, as when a
rector or vicar dies or retires, the patron of the living has
a right to nominate the clergyman who shall next hold
the living. Subject to a right of veto on certain specified
grounds, the Bishop is bound to institute (formally appoint)
any duly qualified person presented. This is a relic of the
days when it was common for the lord of a manor to build
and endow a church and in return have the right of patron
age." Robert E. Megarry & P.V. Baker, A Manual of the Law
ofReal Properev 414 (4th ed. 1969).

65 affecting commerce
advowson appendant ("-pen-d,mt). An advowson
annexed to a manor, and passing as incident to it,
whenever the manor is conveyed to another. -The
advowson passes with the manor even ifit is not men
tioned in the grant.
advowson collative (b-Iay-tiv). An advowson for
which there is no separate presentation to the bishop
because the bishop happens to be the patron as well.
 In this case, the one act by which the benefice is
conferred is called "collation."
advowson donative (don-..-tiv or doh-n..-tiv). An
advowson in which the patron has the right to put a
cleric in possession by a mere gift, or deed ofdonation,
without any presentation to the bishop. -This type of
advowson was converted into the advowson presen
tative by the Benefices Act of 1898. Also termed
donative advowson.
"An advowson donative is when the king, or any subject
by his licence, doth found a church or chapel, and ordains
that it shall be merely in the gift or disposal of the patron;
subject to his visitation only, and not to that of the ordinary;
and vested absolutely in the clerk by the patron's deed of
donation, without presentation, institution, or induction.
This is said to have been anciently the only way of con
ferring ecclesiastical benefices in England; the method of
institution by the bishop not being established more early
than the time of archbishop Becket in the reign of Henry
11." 2 William Blackstone, Commentaries on the Laws of
England 23 (1766).
advowson in gross. An advowson that is separated from
the manor and annexed to a person. All advowsons
that have been separated from their original manors
are advowsons in gross.
advowson presentative (pri-zen-t ..-tiv). The usual
kind of advowson, in which the patron has the right
to make the presentation to the bishop and to demand
that the nominee be instituted, ifthe bishop finds the
nominee canonically qualified.
donative advowson. See advowson donative.
AEA. abbr. See ADMIRALTY EXTENSION ACT.
aedes (ee-deez), n. {Latin] Roman law. A building; esp.,
a temple (aedes sacra).
aedificare (ee-da-fi-kair-ee), vb. [Latin] Roman law. To
erect a building.
aedile (ee-dIl). Roman law. A magistrate charged with
policing the city, managing public buildings and
services, supervising markets, and arranging public
games. Also spelled edile.
aedilitium edictum (ee-d..-lish-ee-am ee-dik-tam). See
edictum aedilicium under EDICTUM.
aegrotus (ee-groh-tas), adj. [Latin] Sick; indisposed by
illness.
aemulationis causa (ee-my..-Iay-shee-oh-nis kaw-za).
[Latin] Hist. For the purpose ofrivaling or annoying.
aemulatio vicini (ee-my..-lay-shee-oh vis-i-nee).
[Latin] Scots law. The use ofland in a way injurious to
a neighbor.
aenum. See ordeal by water (2) under ORDEAL. aequitas (ek-wa-tas oree-kwa-tas), n. [Latin] Roman law.
Equity, as opposed to jus strictum orjus summum.
aequus (ee-kwas), adj. [Latin] Equal; even. _ A provision
in a will, for example, might divide the residuary estate
ex aequis (the adverbial form) among the legatees.
aerarium (i-rair-ee-am), n. [Latin fr. aes "money"]
Roman law. The treasury ofthe Roman Republic. See
FISCUS.
aes (eez), n. [Latin] Roman law. 1. Copper. 2. Money, of
whatever metal.
aes alienum (eez ay-Iee-ee-nam or al-ee-), n. [Latin
"another's money"] Roman law. Money owed to
another; borrowed money.
aesnecia (ees-neesh-ee-a). [Law Latin] See


owed to
another; borrowed money.
aesnecia (ees-neesh-ee-a). [Law Latin] See ESNECY.
aes suum (eez s[y]oo-am), n. [Latin "one's own money"]
Roman law. Money lent to a borrower.
aesthetic functionality. See FUNCTIONALITY.
aesthetic zoning. See ZONING.
aestimatio (es-t..-may-shee-oh). [Latin] Roman law. An
agreement by which the owner ofgoods handed them
over to another person with the understanding that the
other would sell what he could for the most he could
get, paying the owner an agreed price for whatever
goods sold and returning the others. PI. aestimationes
(es-t .. -may-shee-oh-neez).
aetas (ee-tas), n. [Latin] Roman law. Age.
aetas infantiae proxima (ee-tas in-fan-shee-ee prok
sa-m..), n. [Latin] Roman law. The first part of the
period of childhood between infancy (up to 7 years)
and puberty (12 to 14 years); esp., for males, the period
between 7 and 1OY2 years ofage. Cf. AETAS PUBERTATI
PROXIMA; PUERITIA.
aetas legitima (ee-tas !;'}-jit-a-ma), n. [Latin] Roman law.
Lawful age.
aetas perfecta (ee-tas par-fek-ta), n. [Latin] Roman law.
Complete age; the age ofmajority.
aetasprima (ee-tas prl-m..), n. [Latin] Roman law. First
age. See INFANTIA.
aetas pubertati proxima (ee-tas pyoo-bar-tay-tI prok
s..-m..), n. [Latin] Roman law. The second period of
childhood, (for males) from 10% to 14 years ofage. Cf.
AETAS INFANTIAE PROXIMA; PUERITIA.
aetate probanda (ee-tay-tee proh-ban-da). See DE
AETATE PROBANDA.
AFDC. abbr. AID TO FAMILIES WITH DEPENDENT
CHILDREN.
athl. abbr. Affirmed.
affect, vb. 1. Most generally, to produce an effect on; to
influence in some way. 2. Civil law. To pledge (property
or revenues) as security for a loan; HYPOTHECATE. 3.
Scots law. To seize (debtor's property, etc.).
affectation doctrine. See AFFECTS DOCTRINE.
affecting commerce. (Of an industry, activity, etc.)
touching or concerning business, industry, or trade;

esp., under the Labor-Management Relations Act,
burdening or obstructing commerce, or having led
or tending to lead to a labor dispute that burdens
or obstructs the free flow of commerce. 29 USCA
 152(7).
affection. 1. Fond attachment, devotion, or love <alien
ation of affections>. 2. Hist. The pawning or mort
gaging of a thing to ensure the payment of money or
performance ofsome other obligation.
affects doctrine. (1996) Constitutional law. The principle
allowing Congress to regulate intrastate activities that
have a substantial effect on interstate commerce . The
doctrine'is so called because the test is whether a given
activity "affects" interstate commerce. Also termed
effects doctrine or (erroneously) affectation doctrine.
[Cases: Commerce (;:::>7(2).)
affectus (<l-fek-tas), n. [Latin] Rist. Intent; disposition
of mind.
affectus sine effectu (e-fek-tas sl-nee e-fek-t[yJoo). [Latin
"an intention without effect") Hist. An intention that
is not carried out.
affeer (a-feer), vb. [fro Old French. affeurer "to tax"] Hist.
To fix the amount ofan amercement. -affeerment, n.
affeeror (a-feer-ar), n. Hist. An official responsible for
assessing amercements in cases in which no precise
penalty is given by statute.
affermer (a-f<lr-may), vb. [Law French]l. To let to farm.
2. To make sure; to confirm.
aff'g. abbr. Affirming.
affiance (<l-fl-ants). 1. Archaic. The act of confiding. 2.
The pledging of faith; specif., the act of promising to
wed.
affiant (<l-fI-;mt). (1S07) 1. One who makes an affida
vit. Also termed deponent. [Cases: Affidavits (;:::>2.]
2. COMPLAINANT (2).
affidare (af-<l-dair-ee), vb. [Law Latin] To swear faith to;
esp., a tenant's pledge offaith to a lord.
affidatio dominorum (af-<l-day-shee-oh dom-<l-nor-am),
n. [Law LatinJ Hist. An oath taken by lords in Parlia
ment.
affidatus (af-a-day-tds), n. [Law Latin] Hist. A tenant by
fealty.
affidavit (af-<l-day-vit). (16c) A voluntary declaration
of facts written down and sworn to by the declarant
before an officer authorized to administer oaths . A
great deal ofevidence is submitted by affidavit, esp. in
pretrial matters such as summary-judgment motions.
Cf. DECLARATION (1), (8). [Cases: Affidavits (;:::> 1.]
affidavit after appeal. Patents. A sworn statement
submitted to the U.S. Patent and Trademark Office
after the filing ofa notice of appeal from an adverse
determination by an examiner. An affidavit or dec
laration submitted after a case has been appealed will
not be admitted without a showing ofgood and suffi
cient reasons why it was not presented earlier. [Cases:
Patents (;:::>111.] affidavit after final rejection. Patents. A sworn state
ment submitted to the U.S. Patent and Trademark
Office after an application's final rejection. Also
termed declaration after final rejection. [Cases: Patents
(;:::> 108.]
affidavit for the record. An affidavit made by a surveyor
or engineer to supplement, correct, update, or other
wise alter existing information in official real-estate
records.
affidavit ofclaim. An affidavit in which a plaintiff
asserts that he or she has a meritorious cause of
action. [Cases: Pleading
affidavit ofcontinued use. See DECLARATION OF USE.
affidavit ofdefense. See affidaVit ofmerits.
affidavit ofincontestability. See DECLARATION OF
INCONTESTABILITY.
affidavit ofincrease. Hist. An affidavit that lists and
seeks reimbursement from the opposing party for
the additional costs (above the filing fee and other
basic fees charged by the court clerk) incurred by a
party in taking a matter through trial.  Attorney
fees, witness payments, and the like were included in
this affidavit. See COSTS OF INCREASE.
affidavit ofinquiry. (1925) An affidavit, required in
certain states before substituted service ofprocess on
an absent defendant, in which the plaintiff's attorney
or a person with knowledge of the facts indicates
that the defendant cannot be served within the state.
[Cases: Process (;:::>74, 96(4).]
affidavit ofmerit. See certificate ofmerit.
affidavit ofmerits. An affidavit in which a defendant
asserts that he or she has a meritorious defense.
Also termed affidaVit ofdefense. [Cases: Judgment
<8:::> 160,391.]
affidavit ofnonprosecution. An affidavit in which a
crime victim requests that the perpetrator not be
prosecuted. In many cases, ifthe victim files an affi
davit ofnonprosecution, the prosecutor will withdraw
or not file criminal charges against the perpetrator on
grounds that there is no victim. Sometimes, though,
the prosecutor will go forward with the prosecution
even ifthe victim files an affidavit ofnonprosecution.
[Cases: Criminal Law (;:::>40.]
affidaVit of notice. An affidavit stating that the
declarant has given proper notice ofhearing to other
parties to the action.
affidavit ofservice. (ISc) An affidavit certifying the
service ofa notice, summons, writ, or process. [Cases:
Process (;:::> 137.]
affidavit ofuse. See DECLARATION OF USE.
affidavit ofverification. See VERIFICATION (1).
affidavit under  8. See DECLARATION OF USE.
affidavit under  15. See DECLARA nON OF INCONTEST
ABILITY.

67 affirmance
counteraffidavit. An affidavit made to contradict and
oppose another affidavit. [Cases: Affidavits
IFP affidavit. See poverty affidavit.
in forma pauperis affidavit. See poverty affidavit.
pauper's affidavit. See poverty affidavit.
poverty affidavit. (1887) An affidavit made by an
indigent person seeking public assistance, appoint
ment of counsel, waiver of court fees, or other free
public services. 28 USCA  1915. -Also termed
pauper's affidavit; in forma pauperis affidavit; IFP
affidavit. [Cases: Federal Civil Procedure ~2734.1
search-warrant affidavit. An affidavit, usu. by a police
officer or other law-enforcement agent, that sets forth
facts and circumstances supporting the existence of
probable cause and asks the judge to issue a search
warrant. [Cases: Searches and Seizures ~105.]
self-proving affidavit. (1964) An affidavit attached to a
will and Signed by the testator and witnesses certify
ing that the statutory requirements of due execution
ofthe will have been complied with. -lhe affidavit,
which recites the facts ofthe will's proper execution,
permits the will to be probated without the necessity
ofhaving the witnesses appear and prove due execu
tion by their testimony. [Cases: Wills
sham affidavit. An affidavit that contradicts clear
testimony given by the same witness, usu. used in
an attempt to create an issue of fact in response to a
motion for summary judgment. [Cases: Federal Civil
Procedure ~2539; Judgment ~185.2(8).]
supplemental affidavit. An affidavit made in addition
to a previous one, usu. to supply additional facts.
[Cases: Affidavits ~16.]
affidavit for the record. See AFFIDAVIT.
affilare (af-d-Iair-ee), vb. [Law Latin] To put on record;
to file.
affile (d-fIl), vb. Archaic. To file.
affiliate (d-fiI-ee-it), n. (I930) 1. A corporation that is
related to another corporation by shareholdings or
other means ofcontrol; a subsidiary, parent, or sibling
corporation. [Cases: Corporations ~1.5.] 2. Securi
ties. One who controls, is controlled by, or is under
common control with an issuer ofa security. SEC Rule
Wb-18(a)(1) (17 CFR  240.Wb-18(a)(1. See CONTROL
PERSON. Cf. ASSOCIATED PERSON. -affiliate (a-fil-ee
ayt), vb. -affiliation (d-fil-ee-ay-sh;m), n.
affiliate click frand. See FRAUD.
affiliated director. See outside director under
DIRECTOR.
affiliated group. A chain ofcorporations that can elect
to file a consolidated tax return because at least 80%
of each corporation is owned by others in the group.
[Cases: Criminal Law ~40.1
affiliated purchaser. See PURCHASER (1).
affiliation order. Seefiliation order under ORDER (2).
affine (d-fIn). A relative by marriage. affinitas (d-fin-a-tas). [Latin] Roman law. Relationship
by marriage.
affinitas affinitatis (a-fin-i-tas d-fin-i-tay-tis), n. [Law
Latin "affinity of affinity"] Hist. Relationship by two
marriages, e.g., with one's stepmother's stepchild; a con
nection that arises from marriage but is neither consan
guinity nor affinity. Cf. CONSANGUINITY; AFFINITY.
affinity (d-fin-a-tee). (14c) 1. A close agreement. 2. The
relation that one spouse has to the blood relatives ofthe
other spouse; relationship by marriage. 3. Any familial
relation resulting from a marriage. Cf. CONSANGUINITY.
See relative by affinity under RELATIVE. Cf. AFFINITAS
AFFINITATIS; CONSANGUINITY. [Cases: Marriage
10.]
'There is no affinity between the blood relatives of one
spouse and the blood relatives of the other. A husband is
related by affinity to his wife'S brother, but not to the wife
of his wife'S brother. There is no affinity between the hus
band's brother and the wife's sister; this is called affinitas
affinitatis." 2 Charles E. Torcia, Wharton's Criminal Law
 242, at 573 (l5th ed. 1994).
collateral affinity. The relationship of a spouse's rela
tives to the other spouse's relatives. -An example is
a wife's brother and her husband's sister.
direct affinity.lhe relationship ofa spouse to the other