, n. lhe field oflaw dealing with vertebrates
other than humans. -The field cuts across many tra
ditional doctrinal areas (e.g., contracts, torts, admin
istrative law) as well as jurisprudence. Topics include
wildlife-management law, laws concerning treatment
oflaboratory animals, and laws relating to companion
animals. [Cases: Animals (:::;:>3.5(1).]
animal mansuetae naturae. See domesticated animal
under ANIMAL.
animo (an-d-moh). [Latin] See ANIMUS (2).
animo et corpore (an-tl-moh et kor-ptl-ree), adv. [Latin]
By the mind and by the body; by the intention and
by the physical act of control <possession is acquired
animo et corpore>.
animo etfacto (an-tl-moh et fak-toh). [Latin] Hist. By
act and intention.
"Thus, for example, in acquiring a domicile, mere residence
is not suffiCient, if there be not the intention to acquire

103
it, as domicile can only be acquired animo et facto." John
Trayner, Trayner's Latin Maxims 21 (4th ed. 1894).
animo felonico (an-<J-moh f<J-lon-<J-koh), adv. [Latin]
With felonious intent; with the intention to commit
a felony.
animus (an+m<Js). [Latin] (1816) 1. III will; animosity.
class-based animus. A prejudicial disposition toward
a discernible, usu. constitutionally protected, group
of persons. A class-based animus is an essential
element ofa civil-rights conspiracy case. [Cases: Civil
Rights C:=> 1033(1), 1137; Conspiracy C:=>7.5(1).]
2. Intention. All the following Latin "animus"
phrases have analogous adverbial forms beginning with
"animo" (the definition merely needing "with" at the
outset). For example, animo furandi means "with the
intention to steal," animo testandi means "with testa
mentary intention," etc.
animus adimendi (an-<J-m<Js ad-i-men-dr). [Latin] The
intention to adeem.
animus belligerendi (an-<J-m<Js b<J-lij-<J-ren-dr). [Latin]
The intention to wage war.
animus cancellandi (an-<J-m<Js kan-s<J-Ian-dr). [Latin]
The intention to cancel.  This phrase usu. refers to
a will.
animus capiendi (an-<J-m<Js kap-ee-en-dr). [Latin] The
intention to take or capture.
animus contrahentium (an-<J-m<Js kon-tr<J-hen
shee-<Jm). [Latin] The intention of the contracting
parties.
animus dedicandi (an-<J-m<Js ded-<J-kan-dr). [Latin]
The intention to donate or dedicate.
animus defamandi (an-<J-m<Js def-<J-man-dr). [Latin]
The intention to defame. [Cases: Libel and Slander
C:=>2.]
animus derelinquendi (an-<J-m<Js dee-rel-ing-kwen
dr). [Latin] The intention to abandon.
animus deserendi (an-<J-m<Js des-<"l-ren-dr). [Latin] The
intention to desert (usu. a spouse, child, etc.).
animus differendi (an-<J-m<Js dif-<J-ren-dr). [Latin] The
intention to obtain a delay . The phrase animo differ
endi ("with the intention to obtain a delay") appeared
in reference to a presumption that certain actions ofa
defendant were designed to obtain a delay.
animus domini (an-<J-m<Js dom-<"l-nr). [Latin] Roman
law. The intent to exercise dominion over a thing; the
intent to own something. Cf. animus possidendi.
"All possession has two elements, a physical and a mental,
which the Romans distinguish as corpus and animus. The
first is the physical relation of the possessor to the object.
The second is his sense of that relation. If he is minded to
deal with the thing as his own (animus domini -animus
sibi habendi), no matter whether rightfully or wrongfully,
he possesses in the fullest sense." R.W. Lee, The Elements
of Roman Law 179-80 (4th ed. 1956).
animus donandi (an-<J-moh doh-nan-dr). [Latin] The
intention of donating; the intention to give. [Cases:
Gifts C:=> 15.] animus
animus et factum (an-<J-m<Js et fak-t<Jm). [Latin "mind
and deed"] The intention and the deed. This phrase
can refer to a person's intent to reside in a given
country permanently or for an indefinite period.
animus felonicus (an-<J-m<Js fe-loh-ni-k<"ls). [Latin] The
intention to commit a felony. [Cases: Criminal Law
C:=>20.]
animus furandi (an-<J-m<Js fyuu-ran-dr). [Latin] The
intention to steal.  In Roman law, the focus was
on the unauthorized use of property rather than an
intent to permanently deprive the owner ofit. [Cases:
Larceny C:=> 1, 3.]
"[An] intent to deprive the owner of his property per
manently, or an intent to deal with another's property
unlawfully in such a manner as to create an obviously
unreasonable risk of permanent deprivation, [is] all that
is required to constitute the animus furandi-or intent to
steal." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
332-33 (3d ed. 1982).
animus gerendi (an-<J-m<Js j<J-ren-dr). [Latin] The inten
tion to act as heir.
animus immiscendi et adeundi hereditatem (an-<J
m<Js im-i-sen-dr et ad-ee-an-dr h<J-red-i-tay-t<Jm).
[Latin] The intention to meddle with and take up a
succession.
animus indorsandi (an-<J-moh in-dor-san-dr). [Law
Latin] Hist. The intention of indorsing. One who
indorsed a check animo indorsandi would be liable
for the amount ifthe check was dishonored.
animus injuriandi (an-<J-m<Js in-j[y]oor-ee-an-dr).
[Latin] The intention to injure, esp. to insult.
animus lucrandi (an-<J-m<Js loo-kran-dr). [Latin] The
intention to make a gain or profit.
animus malus (an-<J-m<Js mal-<Js). [Latin] Evil intent.
animus manendi (an-<J-m<Js m<J-nen-dr). [Latin "will
to remain"] The intention to remain; the intention
to establish a permanent residence. -Also termed
animus remandendi. [Cases: Domicile C:=>4(2).]
animus morandi (an-<J-m<Js m<J-ran-dr). [Latin "will
to tarry"] The intention to remain. Although
animus morandi is broadly synonymous with animus
manendi, morandi suggests less permanency.
animus nocendi (an-<J-m<Js noh-sen-dr). [Latin] The
intention to harm.
animus obligandi (an-<J-m<Js ahb-li-gan-dr). [Latin]
The intention to enter into an obligation.
animus occidendi (an-<J-m<Js ahk-si-den-dr). [Latin]
The intention to kill.
animus possidendi (an-<J-m<Js pah-s<J-den-dr). [Latin]
Roman law. The intent to possess a thing. Cf. animus
domini.
animus quo (an-<J-m<Js kwoh). [Latin] The intent with
which; motive.
animus recipiendi (an-<J-m<Js ri-sip-ee-en-dr). [Latin]
The intention to receive.

104 Annapolis
animus recuperandi (an-a-mas ri-k[y]oo-pa-ran-dl).
[Latin] The intention to recover.
animus remanendi (an-a-mas rem-a-nen-dr). [Latin]
See animus manendi.
animus republicandi (an-a-mas ree-pub-Ia-kan-dI).
[Latin] The intention to republish.
animus restituendi (an-a-mas ra-sti-tyoo-en-dI).
[Latin] The intention to restore.
animus revertendi (an-a-mas ree-var-ten-dI). [Latin]
The intention to return (to a place). _ In Roman law,
this intent was a factor to deciding whether animals,
such as doves and bees, remained in a person's own
ership.
animus revocandi (an-a-mas rev-oh-kan-dI). [Latin]
The intention to revoke (a will) <her destruction of
the will indicated that she had animus revocandi>.
[Cases: Wills ()::::> 170.]
animus signandi (an-a-mas sig-nan-dI). [Latin] The
intention to sign. [Cases: Wills ()::::>n.]
animus testandi (an-a-mas tes-tan-dI). [Latin] Testa
mentary intention.
animus ulciscendi (an-a-mds al-si-sen-dI). [Latin] The
intention to take revenge.
Annapolis. See UNITED STATES NAVAL ACADEMY.
annates (an-ayts or an-its), n. [fro Law Latin annata] See
FIRST FRUITS (2).
annats (an-ats). See FIRST FRUITS (2).
annex, n. (l6c) Something that is attached, such as a
document to a report or an addition to a bUilding.
annexation, n. (17c) 1. The act of attaching; the state of
being attached. 2. Property. The point at which a fixture
becomes a part of the realty to which it is attached.
[Cases: Fixtures ()::::>6.] 3. A formal act by which a
nation, state, or municipality incorporates land within
its dominion. _ In international law, the usual formali
ties ofannouncing annexation involve having specially
commissioned officers hoist the national flag and read
a proclamation. [Cases: Municipal Corporations
29.] 4. The annexed land itself. Cf. ACCESSION (5).
annex, vb.
cherry-stem annexation. 1. Annexed land that resem
bles (on a map) a cherry because the annexed ter
ritory the cherry -is not contiguous to the
acquiring municipality, and the narrow corridor of
annexed land leading to the targeted area resembles
a stem. [Cases: Municipal Corporations ()::::>29(4).]
2. The process of annexing land with this configu
ration.
anniversary date. Insurance. The annually recurring date
ofthe initial issuance ofa policy. Cf. POLICY YEAR.
ann, jour, et wast (an, zhoor, ay wayst). [Law French] See
YEAR, DAY, AND WASTE.
anno ante Christum (an-oh an-tee kris-tam), adv. [Latin]
In the year before Christ. Abbr. A.A.C. anna ante Christum natum (an-oh an-tee kris-tam
nay-tam), adv. [Latin] In the year before the birth of
Christ. Abbr. A.A.e.N.
Anno Domini (an-oh dom-a-m or -nee). [Latin "in the
year of the Lord"] Since the supposed year in which
Jesus Christ was born; ofthe current era <A.D. 1776>.
Abbr. A.D. -Also termed in the year ofOur Lord. Cf
C.E.
annonae civiles (a-noh-nee sa-vI-leez), n. [Latin] Rist.
Yearly rents issuing out ofparticular lands and payable
to certain monasteries.
an no orbis conditi (an-oh or-bis kon-di-tI), n. [Latin]
The year ofthe creation of the world. -Abbr. AOe.
Anno Regni (an-oh reg-m). [Latin) In the year of the
reign. -A.R.V.R. 22, for example, is an abbreviated
reference to Anno Regni Victoriae Reginae vicesimo
secundo ("in the twenty-second year of the reign of
Queen Victoria"). -Abbr. A.R.
annotatio (an-oh-tay-shee-oh). [Latin] RESCRIPT (3).
annotation (an-a-tay-shan), n. (lSc) 1. A brief summary
of the facts and decision in a case, esp. one involving
statutory interpretation. 2. A note that explains or criti
cizes a source oflaw, usu. a case. -Annotations appear,
for example, in the United States Code Annotated
(USCA). 3. A volume containing such explanatory or
critical notes. 4. RESCRIPT (3). Cf. NOTE (2). annotate
(an-a-tayt), vb. annotative (an-a-tay-tiv), adj.
annotator (an-a-tay-tar), n.
"One of the most important classes of Search Books is
those included in the category of Annotations. They are
important and valuable. in that they often purport to
give. in very condensed form. some indication of the law,
deduced from the cases or statutes. as well as to point out
where similar cases can be found: William M. Lile et aI.,
Brief Making and the Use of Law Books 84 (3d ed. 1914).
announce,


Brief Making and the Use of Law Books 84 (3d ed. 1914).
announce, vb. To make publicly known; to proclaim
formally <the judge announced her decision in open
court>.
annoyance. See NUISANCE (1).
annual account. See intermediate account under
ACCOUNT.
annual crops. See CROPS.
annual depreciation. See DEPRECIATION.
annual exclusion. See EXCLUSION (1).
annual gift-tax exclusion. See annual exclusion under
EXCI.USION.
annual meeting. See MEETING.
annual message. See MESSAGE.
annual percentage rate. See INTEREST RATE.
annual permit. A permit, required by some states, that
must be paid each year by a corporation that does
business in the state. -In some states, the permit fee is
set according to the corporation's capitalization.
annual report. A yearly corporate financial report
for shareholders and other interested parties. -The
Securities Exchange Act of 1934 requires registered

105
corporations to file an annual report on the SEC's
Form lO-K. An annual report includes a balance sheet,
income statement, statement ofchanges in financial
position, reconciliation of changes in owners' equity
accounts, a summary of significant accounting prin
ciples, other explanatory notes, the auditor's report,
and comments from management about prospects for
the coming year. Also termed annual statement;
financial report.
annual value. See VALUE (2).
annua pensione. See DE ANNUA PENSIONE.
annuitant (<l-n[Y]OO-<l-t<lnt), n. (18c) A beneficiary ofan
annuity. [Cases: Annuities C=>27.]
annuity (<l-n[y]oo-<l-tee). (15c) 1. An obligation to pay
a stated sum, usu. monthly or annually, to a stated
recipient. These payments terminate upon the death
of the designated beneficiary. [Cases: Annuities
15.]2. A fixed sum ofmoney payable periodically. 3. A
right, often acquired under a life-insurance contract,
to receive fixed payments periodically for a specified
duration. Cf. PENSION. 4. Patents. See MAINTENANCE
FEE. 5. A savings account with an insurance company
or investment company, usu. established for retirement
income. Payments into the account accumulate tax
free, and the account is taxed only when the annuitant
withdraws money in retirement.
annuity certain. An annuity payable over a specified
period, regardless ofwhether the annuitant dies before
the period ends. Also termed term annuity.
annuity due. An annuity that makes payments at the
beginning of each pay period. Cf. ordinary annuity.
cash-refund annuity. An annuity providing for a
lump-sum payment after the annuitant's death ofthe
difference between the total received and the price
paid.
constituted annuity. Louisiana law. An annuity that
has a maximum duration of lO years and, under some
circumstances, can be redeemed before the term's
expiration. La. Civ. Code art. 2796.
contingent annuity. 1. An annuity that begins making
payments when some future event occurs, such as the
death of a person other than the annuitant. 2. An
annuity that makes an uncertain number of payments,
depending on the outcome ofa future event.
continuing annuity. See survivorship annuity.
deferred annuity. An annuity that begins making
payments on a specified date if the annuitant is alive at
that time. Also termed deferred-payment annuity.
Cf. immediate annuity.
fixed annuity. An annuity that guarantees fixed
payments, either for life or for a specified period.
group annuity. An annuity payable to members of a
group, esp. employees, who are covered by a single
annuity contract, such as a group pension plan. annuity
immediate annuity. An annuity paid for with a single
premium and that begins to pay benefits within the
first payment interval. Cf. deferred annuity.
joint annuity. An annuity payable to two annuitants
until one of them dies, at which time the annuity
terminates for the survivor (unless the annuity also
provides for survivorship rights). See survivorship
annuity.
life annuity. An annuity payable only during the
annuitant's lifetime, even if the annuitant dies pre
maturely.
life-income period-certain annuity. An annuity that
pays a specified number of payments even if the
annuitant dies before the minimum amount has
been paid.
nonrefund annuity. An annuity with guaranteed
payments during the annuitant's life, but with no
refund to anyone at death. Also termed straight
life annuity; pure annuity.
ordinary annuity. An annuity that makes payments at
the end ofeach pay period. Cf. annuity due.
private annuity. An annuity from a private source
rather than from a public or life-insurance
company.
pure annuity. See nonrefund annuity.
refund annuity. An annuity that, upon the annuitant's
death, pays to the annuitant's estate the difference
between the purchase price and the total payments
received during the annuitant's lifetime.
retirement annuity. An annuity that begins making
payments only after the annuitant's retirement.
Ifthe annuitant dies before retirement, an agreed
amount will usu. be refunded to the annuitant's
estate.
single-premium deferred annuity. An annuity for
which a party pays a lump-sum premium in exchange
for receiving a specified sum at a future date . The
income earned on the investment is tax-free until it
is withdrawn. Abbr. SPDA. [Cases: Annuities C=>
15.]
straight annuity. An annuity that makes payments
in fixed amounts at periodic intervals. Cf. variable
annuity.
straight life annuity. See nonrefund annuity.
survivorship annuity. An annuity providing for con
tinued payments to a survivor, usu. a spouse, after
the original annuitant dies. Also termed continu
ing annuity.
tax-deferred annuity. See 403(b) plan under EMPLOYEE
BENEFIT PLAN.
tax-sheltered annuity. See 403(b) plan under EMPLOYEE
BENEFIT PLAN.
term annuity. See annuity certain.
variable annuity. An annuity that makes payments
in varying amounts depending on the success of the

106 annuity bond
underlying investment strategy. See variable annuity
contract under CONTRACT. Cf. straight annuity.
annuity bond. See BOND (3).
annuity certain. See ANNUITY.
annuity depredation method. See DEPRECIATION
METHOD.
annuity insurance. See INSURANCE.
annuity policy. An insurance policy providing for
monthly or periodic payments to the insured to begin at
a fixed date and continue through the insured's life.
annuity t~nst. See TRUST.
annulment (a-nal-mant), n. (15c) 1. The act ofnullifying
or making void; VOIDANCE. 2. A judicial or ecclesias
tical declaration that a marriage is void. -An annul
ment establishes that the marital status never existed.
So annulment and dissolution ofmarriage (or divorce)
are fundamentally different: an annulment renders a
marriage void from the beginning, while dissolution
of marriage terminates the marriage as of the date
of the judgment of dissolution. Although a marriage
terminated by annulment is considered never to have
occurred, under modern ecclesiastical law and in most
states today a child born during the marriage is not con
sidered illegitimate after the annulment. C DIVORCE.
[Cases: Children Out-of-Wedlock C=> 1; Marriage
56.] 3. A rescission. See RESCIND (3). -annul (a-nal),
vb.
annulment of adoption. See ABROGATION OF
ADOPTION.
annulment ofjudgment. A retroactive obliteration of
a judicial decision, haVing the effect of restoring the
parties to their pretrial positions. -Types ofannulment
include reversal and vacation. See REVERSE; VACATE
(1).
annum luctus (an-am lak-tas), n. [Latin "year of
mourning"] Roman law. The year following the death
of a married man during which his widow could not
remarry, because ofthe confusion that would ensue in
determining the parentage ofa child born a few months
after a second marriage within that year. -Also some
times termed year in mourning.
annus (an-<ls). [Latin] A year.
annus continuus (an-as kan-tin-yoo-ds). [Latin "a con
tinuous year"] Roman law. A straight 365-day period,
without interruption. Cf. ANNUS UTILIS.
ann us deliberandi (an-as dil-lib-a-ran-dI). [Latin "the
year for deliberating"] Scots law. The year during which
an heir could determine whether to enter an inheritance
and represent an ancestor. The period was later short
ened to six months. See DAMNOSA AUT LUCROSA.
''The entry of an heir infers serious responsibilities, and
therefore the year is allowed for consideration. The annus
deliberandi commences on the death of the ancestor,
unless in the case of a posthumous heir, in which case the
year runs from the heir's birth." William Bell, Bell's Diction
aryand Digest of the Law of Scotland 47 (George Watson
ed., 7th ed. 1890). annus, dies, et vastum (an-as, dI-eez, et vas-tam). [Law
Latin] See YEAR, DAY, AND WASTE.
annus et dies (an-as et dI-eez). [Law Latin] A year and a
day. See YEAR-AND-A-DAY RULE.
annus utitis (an-dS yoo-td-lis). [Latin "a year that can
be used"] Roman law. A 365-day period during which
legal rights could be exercised, not including days
when the courts were closed or when a person could
not otherwise pursue those rights; a year made up ofthe
available days for conducting legal business. Cf. ANNUS
CONTINUUS.
annuus reditus (an-as red-a-tds). [Law Latin] A yearly
rent.
anomalous indorsement. See irregular indorsement
under INDORSEMENT.
anomalous jurisdiction. See JURISDICTION.
anomalous-jurisdiction rule (a-nom-d-Ias). The prin
ciple that a court ofappeals has provisional jurisdiction
to review the denial ofa motion to intervene in a case,
and if the court of appeals finds that the denial was
correct, then its jurisdiction disappears -and it must
dismiss the appeal for want ofjurisdiction because
an order denying a motion to intervene is not a final,
appealable order. 'Ihis rule has been criticized by
courts and commentators. Many appellate courts, upon
finding that the trial court properly denied a motion
to intervene, will affirm the denial instead of dismiss
ing the appeal for want ofjurisdiction. Sometimes
shortened to anomalous rule. [Cases: Federal Courts
587.]
anomalous plea. See PLEA (2).
anomalous pleading. See PLEADING (1).
anomalous rule. See ANOMALOUS-JURISDICTION RULE.
a non domino (ay non dom-d-noh). [Law Latin] Hist.
From one who is not the proprietor.
a non habente potestatem (ay non ha-ben-tee poh-tes
tay-tdm). [Latin] Scots law. From one not having power.
-This phrase appeared most commonly in a convey
ance in reference to a seller who was not the owner.
"If A. disponed ground, which he held on a personal title,
to B., he could not grant warrant for the infeftment of B.
himself being uninfeft; but he could assign to B. the unexe
cuted precept of sasine in his (A.'s) own favour, and on it B.
could complete his feudal title. If, instead of thus assigning
a valid precept, A. himself granted a precept for the infeft
ment of B., such a precept was a non habente potestatem,
and ineffectual. This was a defect, however, which was
remedied by prescription." John Trayner, Trayner's Latin
Maxims 5 (4th ed. 1894).
anonymous, adj. (17c) Not named or identified <the
police arrested the defendant after a tip from an anony
mous informant>. anonymity (an-a-nim-a-tee), n.
anouymous case. A reported case in which the word
"anonymous" is substituted for at least one party's name
to conceal the party's identity. See, e.g., Anonymous v.
Anonymous, 735 N'y.S.2d 26 (App. Div. 2001).
anonymous work. See WORK (2).

107
anoysance (a-noy-z;mts), n. [Law French] Hist. An
annoyance or nuisance. See NUISANCE.
ANSI. abbr. AMERICAN NATIONAL STANDARDS INSTI
TUTE.
answer, n. (bef. 12c) 1. A defendant's first pleading that
addresses the merits ofthe case, usu. by denying the
plaintiffs allegations. An answer usu. sets forth
the defendant's defenses and counterclaims. [Cases:
Federal Civil Procedure (;:::;, 731-786; Pleading
76-100, 146.]
false answer. (18c) A sham answer in a pleading. See
sham pleading under PLEADING (


false answer. (18c) A sham answer in a pleading. See
sham pleading under PLEADING (1). [Cases: Federal
Civil Procedure (;:::;, 1139; Pleading (;:::;,359.]
2. A person's, esp. a witness's, response to a question
posed.
evasive answer. (17c) A response that neither directly
admits nor denies a question . In discovery, this is
considered a failure to answer. Fed. R. Civ. P. 37(a)
(3).
unresponsive answer. (1891) Evidence. A response from
a witness (usu. at a deposition or hearing) that is irrel
evant to the question asked. -Also termed nonre
sponsive answer. [Cases: Witnesses (;:::;,248.]
3. Patents. A patent applicant's response to an office
action. [Cases: Patents (;:::;,104.]
answer, vb. (12c) 1. To respond to a question, a pleading,
or a discovery request <the company failed to answer
the interrogatories within 30 days>. [Cases: Pretrial
Procedure (;:::>301; Pleading (;:::;,76-100; Federal Civil
Procedure 1531.1 2. To assume the liability of
another <a guarantor answers for another person's
debt>. 3. To pay (a debt or other liability) <she promised
to answer damages out ofher own estate>.
answer date. See answer day under DAY.
answer day. See DAY.
answer in subsidium. Hist. In equity pleading, an answer
supporting a plea.
antapocha (ant-ap-a-b). [Latin "counter-receipt"]
Roman & civil law. A counterpart to a receipt (i.e.,
an apocha), Signed by the debtor and delivered to the
creditor as proofofpayment. Cf. APOCHA.
ante (an-tee), prep. [Latin] Before. Cf. POST.
antea (an-tee-a), adv. [LatinJ Formerly; heretofore.
antecedent (an-t,,-see-d~nt), adj. (14c) Earlier; preexist
ing; previous. antecedent (preceding thing), n.
antecedence (quality or fact ofgoing before), n.
antecedent basis. Patents. A general word or phrase in
a patent claim or description to which a later specific
word or phrase must refer. Claims will be rejected
as impermissibly vague or indefinite ifthe latter word
is not clearly connected to its antecedent, because the
wording becomes ambiguous. In general, a term is
first introduced with an indefinite article and is later
referred to with the definite article (or said). [Cases:
Patents (;::.::> 101(6).J antenatus
antecedent claim. A preexisting claim. Under the
UCC, a holder takes an instrument for value if it is
taken for an antecedent claim. UCC  3-303.
antecedent debt. See DEBT.
antecessor (an-ta-ses-~r or an-ta-ses-ar), n. [Latin]!.
Roman law. A professor oflaw. 2. Hist. An ancestor. 3.
Hist. A predecessor to an office.
antedate (an-ti-dayt), vb. (16c) 1. To affix with a date
earlier than the true date; BACKDATE (1) <antedate a
check>. 2. To precede in time <the doctrine antedates
the Smith case by many years>. Also termed predate.
Cf. POSTDATE. -antedate, n.
antedating ofa prior-art reference. Patents. The removal
ofa publication, a U.S. patent, or a foreign patent cited
as prior art against the application by filing an affidavit
or declaration establishing the applicant's completion
ofthe invention in this country, or in another NAFTA
or WTO member country, before the effective date
ofthe cited reference . The term applies only to U.S.
patent applications. An issued patent may also antedate
a prior-art reference ifthe conception predates the prior
art and the inventor used due diligence in reducing the
concept to practice. -Also termed antedating a ref
erence; swearing behind a prior art reference; carrying
back the date ofinvention. [Cases: Patents (;:::>62(1).]
ante exhibitionem billae (an-tee ek-si-bish-ee-oh-nam
bil-ee). Before the exhibition of the bill; i.e., before a
suit has begun.
ante factum. A thing done before; a previous act or
fact. Also spelled ante-factum.
ante litem. [Latin] Before litigation.
ante litem motam (an-tee iI-tern moh-tdm). [Law Latin
"before the lawsuit was started"] Hist. Before an action
has been raised; before a legal dispute arose i.e., at
a time when the declarant had no motive to lie . This
phrase was generally used in reference to the eviden
tiary requirement that the acts upon which an action is
based occur before the action is brought. In Scotland,
the phrase also referred to the obligation ofan estate
intromitter to become confirmed as executor of the
estate before a creditor could sue the estate. Other
wise, the intromitter could be held personally liable
for the decedent's debts. -Sometimes shortened to
ante litem.
ante meridiem (an-tee ma-rid-ee-dm). [Latin] Before
noon. -Abbr. a.m.; A.M.
ante mortem. [Latin] Before death.
ante mortem interest (an-tee mor-t~m). [Latin] An
interest existing before (but not after) a transferor's
death.
ante mortem statement. See dying declaration under
DECLARATION (6).
antenatus (an-tee-nay-tas). [Law Latin] A person born
before a certain political event that affected the person's
political rights; esp., a person born before the signing
of the Declaration ofIndependence. Cf. POSTNATUS.
Pi. antenati.

108 antenuptial
antenuptial (an-ti-nap-shal), adj. See PRENUPTIAL.
antenuptial agreement. See PRENUPTIAL AGREEMENT.
antenuptial contract. See PRENUPTIAL AGREEMENT.
antenuptial gift. See prenuptial gift under GIFT.
antenuptial will. See prenuptial will under WILL.
ante omnia (an-tee ahm-nee-a). [Latin] Hist. 1. Before
anything else is done; first of all. -Objections that
could bar the litigation were usu. discussed ante omnia.
2. Above all other things.
ante redditas rationes (an-tee red-a-tas ray-shee-oh
nis or rash-). [Law Latin] Scots law. Before accounts
are rendered. - A tutor could not file an action against
a minor to recover payments unless the tutor first
provided an accounting ofthe ward's estate.
anthropometry (an-thr;)-pom-;)-tree). A system of
measuring the human body, esp. the size relation
ships among the different parts. -Before the advent of
fingerprinting, minute measurements of the human
body taken and compared to other persons' mea
surements were used to identifv criminals and
deceased persons. Cf. BERTILLON SYSTEM. -anthro
pometric, adj.
Anti-Assignment Act. A federal statute prohibiting the
assignment or transfer of claims against the United
States. 31 USCA  3727. [Cases: United States C=>
llll
anti-assignment-in-gross rule. Trademarks. The
doctrine that an assignment of a mark without the
goodwill symbolized by the mark is invalid. -Although
trademark rights are not destroyed when a mark is
assigned in gross, the failure ofthe assignor to continue
to use the mark, coupled with an ineffective transfer,
may result in abandonment. -See assignment in gross
under ASSIGNMENT. [Cases: Trademarks C=> 1201.]
antibootleg, adj. Copyright. Ofor pertaining to an effort
to combat or discourage illegal recording, distribution,
and sale of unauthorized reproductions of live and
broadcast performances. -The federal antibootleg
statute, 18 USCA  2319A, and the antibootleg statutes
ofseveral states criminalize bootlegging activities. See
ANTIBOOTLEG STATUTE. [Cases: Copyrights and Intel
lectual PropertyC=>70.j antibootlegging, n.
antibootleg statute. Copyright. A law, esp. a state law,
that prohibits making, distributing, or selling an unau
thorized recording of a live performance. [Cases: Copy
rights and Intellectual Property C=> 108.]
antichresis (an-ti-kree-sis). [Latin "in place ofinterest"]
Roman & civil law. A mortgage in which the mortgagee
retains possession of the mortgaged property and
takes the fruits (such as rents) of the property in lieu
of interest on the debt. La. Civ. Code art. 3176. [Cases:
Mortgages
"Under the Civil Code of Louisiana, taken from the Code
Napoleon, there are two kinds of pledges: the pawn, when
a movable is given as security, and the antichresis, when
the security given consists in immovables or real estate.
Under the latter the creditor acquires the right to take the
rents and profits of the land, and to credit, annually, the same to the interest, and the surplus to the principal of
the debt, and is bound to keep the estate in repair, and to
pay the taxes. Upon default upon the part of the debtor,
the creditor may prosecute the debtor, and obtain a decree
for selling the land pledged." 3 James Kent, Commentaries
on American Law*403-04 (George Comstock ed., 11th ed.
1866).
antichurning rule. Tax. A statutory or regulatory provi
sion that denies certain tax advantages, esp. accelerated
depreciation and amortization schedules, to taxpayers
who acquire property in a transaction that does not
result in a significant change in the property's owner
ship or use. See CHURNING (2).
anticipated, adj. Patents. (Of a patent claim) having all
the same elements ofa prior-art reference. -Ifa claim
is anticipated by a previous invention or publication,
that claim is not allowable; ifa patent has already been
issued it will be declared invalid. -Also termed fully
met. [Cases: Patents
anticipated compromis. See general compromis under
COMPROMIS.
anticipation. 1. The distribution or receipt of trust
income before it is due. 2. Patents. The prior inven
tion or disclosure ofthe claimed invention by another,
or the inventor's own disclosure ofthe claimed inven
tion by publication, sale, or offer to sell if that disclo
sure predates the date of the patent-application filing
by more than one year. -By disproving the claim's
novelty, anticipation bars the allowance ofa claim and
provides a defense to an action for infringement based
on that claim. See NOVELTY; prior art under ART. [Cases:
Patents C=>50.1.] anticipate, vb.
"Anticipation implies spoiling something for someone, by
getting in ahead; obviously this can only be done by a
device (or description of a device), and only to a patent."
Roger Sherman Hoar, Patent Taaics and the Law 51 (3d
ed. 1950),
anticipatory breach. See BREACH OF CONTRACT.
anticipatory filing. The bringing of a lawsuit or regula
tory action against another with the expectation that
the other party is preparing an action of its own. -If
properly brought, an anticipatory filing may determine
procedural matters such as jurisdiction and venue.
See FIRST-TO-FILE RULE; RACE TO THE COURTHOUSE.
[Cases: Federal Courts C=> 1145.]
anticipatory nuisance. See NUISANCE.
anticipatory offense. See inchoate offense under OFFENSE
(1).
anticipatory replication. See REPLICATION.
anticipatory repudiation. See REPUDIATION.
anticipatory search warrant. See SEARCH WARRANT.
anticircumvention device. Copyright. An apparatus
deSigned to prevent bypassing, avoiding, removing,
deactivating, or impairing a technological measure that
controls access to a work protected by copyright; an
apparatus in a media player or receiver, such as a DVD
or a TV satellite dish, deSigned to prevent unauthor
ized use or duplication of copyrighted material. [Cases:
Copyrights and Intellectual Property C=>67.3.]

109
anticompetitive, adj. Having a tendency to reduce or
eliminate competition . This term describes the type
ofconduct or circumstances generally targeted by anti
trust laws. Cf. PROCOMPETITIVE.
anticompetitive conduct. Antitrust. An act that harms
or seeks to harm the market or the process of com
petition among businesses, and that has no legitimate
business purpose.
anticontest clause. See NO-CONTEST CLAUSE.
Anticounterfeiting Consumer Protection Act. Trade
marks & Copyright. A federal law to discourage coun
terfeiting oftrademarks and copyrighted merchandise
such as computer programs, phonorecords, and motion
pictures. The law imposes criminal liability for traf
ficking in counterfeit goods and services (18 USCA
 2318), provides for the seizure of counterfeit goods
(15 USCA  1116 (d)(9), and provides enhanced statu
tory civil penalties (IS USCA  1117(c. -Abbr. ACPA.
[Cases: Copyrights and Intellectual Property (;::>70;
Trademarks (;::> 1432.]
Anticybersquatting Consumer Protection Act. Trade
marks. A 1999 federal law authorizing a trademark
owner to obtain a federal-court order transferring
ownership ofa domain name from a cybersquatter to
the trademark owner. A mark's owner must show
that (1) the mark and the domain name are identical or
conf


the trademark owner. A mark's owner must show
that (1) the mark and the domain name are identical or
confusingly similar; (2) the mark was distinctive when
the domain name was first registered; (3) the trade
mark's owner used the mark commercially before the
domain name was registered; and (4) the domain reg
istrant acted in bad faith and intended to profit from
the trademark's use. Registering a domain name with
the intent to sell it to the trademark owner is presump
tively an act ofbad faith. But ifa defendant can prove a
legitimate reason for the domain-name registration, the
defendant may be allowed to keep the name. -Abbr.
ACPA. Also termed Trademark Cyberpiracy Preven
tion Act. [Cases: Trademarks (;::> 1490-1503.]
antidefidency legislation. See LEGISLATION.
antideficiency statute. See antideficiency legislation
under LEGISLATION.
antidestructibility statute. See DESTRUCTIBILITY OF
CONTINGENT REMAINDERS.
antidestruction clause. A provision in a security pro
tecting a shareholder's conversion rights, in the event of
a merger, by granting the shareholder a right to convert
the securities into the securities that will replace the
company's stock when the merger is complete. See con
vertible security under SECURITY.
antidilution act. Trademarks. A statute prohibiting
actions that are likely to lessen, diminish, or erode a
famous mark's capacity to identify and distinguish
goods and services, without regard to whether the
action creates a likelihood ofconfusion, mistake, or
deception. The Federal Trademark Dilution Act
provides relief against another's commercial use ofa
mark or tradename that dilutes the distinctive quality
of a famous mark. More than half the states also have Anti-Injunction Act
antidilution statutes, which are based on the Inter
national Trademark Association's 1964 Model State
Trademark Bill. -Also termed antidilution statute.
[Cases: Trademarks (;::> 1450-1473.]
antidilution provision. A convertible-security provision
that safeguards the conversion privilege from share
splits, share dividends, or other transactions that might
affect the conversion ratio. See CONVERSION RATIO;
DILUTION (2). [Cases: Corporations 116.]
antidissection rule. Trademarks. A rule. applied in com
paring potentially conflicting marks, that requires that
the marks be compared as a whole or as they are viewed
by consumers in the marketplace, not broken down
into their component parts. The antidissection rule
does not preclude an analysis ofthe dominant and sub
ordinate features ofa mark to determine which features
of the mark make the most significant impression on
consumers, but the mark must still be considered in
its entirety. See TOUT ENSEMBLE. [Cases: Trademarks
(;::>1097.]
antidumping duty. See antidumping tariff under TARIFF
(3).
antidumping law. A statute designed to protect domestic
companies by preventing the sale of foreign goods
at less than fair value, as defined in the statute (for
example, at a price below that ofthe domestic market).
See DUMPING. [Cases: Customs Duties
antidumping tariff. See TARIFF (2).
anti-evolution statute. Hist. A law that forbids the
teaching ofthe theory of evolution in schools. Such
statutes were held unconstitutional as violative ofthe
Establishment Clause in Epperson v. Arkansas, 393
U.S. 97, 89 S.Ct. 266 (1968). -Also termed evolution
statute. See CREATIONISM. [Cases: Constitutional Law
(;::> 1354(2); Schools (;::> l64.]
antifraud rule. See RULE lOB-5.
antigraph (an-ti-graf). Archaic. A copy or counterpart
ofan instrument.
antigraphus (an-tig-ra-fas), n. [Law Latin] Hist. An
officer who maintains tax revenues; a comptroller.
antiharassment order. See ORDER (2).
antihazing statute. A (usu. criminal) law that prohibits
an organization or members of an organization from
requiring a prospective member, as a condition of
membership, to do or submit to any act that presents a
substantial risk of physical or mental harm. In 1874
Congress passed the first antihazing statute, directed
at stopping haZing by midshipmen at the United States
Naval Academy. Most states have passed their own
antihazing statutes. -Also termed hazing statute.
anti-heartbalm statute. See HEARTBALM STATUTE.
Anti-Injunction Act. A federal statute providing that
a federal court may not enjoin state-court proceed
ings unless an injunction is (1) expressly authorized
by Congress, (2) necessary for the federal court's in rem
jurisdiction, or (3) necessary to prevent relitigation of
a judgment rendered by the federal court. 28 USCA

110 anti-john law
 2283. See NORRIS-LA GUARDIA ACT. [Cases: Courts
C;:::>S08.j
anti-john law. A criminal-law statute punishing prosti
tutes' customers. [Cases: Prostitution C;:::>16.]
antilapse statute. (1937) Wills & estates. A statute that
substitutes certain heirs ofsome types oftestamentary
beneficiaries when the beneficiary has predeceased the
testator and permits them to take the gift, which would
otherwise fail and thus pass to the residuary beneficiary
(if any) or to the intestate heirs . Under the common
law and the laws of all states, a testamentary benefi
ciary must survive a testator or else the gift is said to
lapse. Ahhough most states have enacted antilapse
statutes, their terms vary from state to state. -Also
termed lapse statute; nonlapse statute. [Cases: Wills
C;:::>774-777.]
antilynching law. A statute that criminalizes any unjus
tified act of violence by two or more people against
another, regardless of race . Such laws were originally
passed to stop all forms of extralegal violence aimed
at black people. -Also termed lynching law. [Cases:
Homicide C;:::>S04.]
antimanifesto. Int'llaw. A proclamation in which a bel
ligerent power asserts that the war is a defensive one
for that power.
antimarital-facts privilege. See marital privilege (2)
under PRIVILEGE (3).
antinomia (an-ti-noh-mee-,,). [Greek] Roman law. An
ambiguity in the law. See ANTINOMY.
antinomy (an-tin-,,-mee), n. (16c) A contradiction in
law or logic; esp., a conflict ofauthority, as between two
decisions <antinomies in the caselaw>. antinomic
(an-ti-nom-ik), adj.
antipiracy, adj. Copyright & Trademarks. Of or per
taining to an effort to combat or discourage illegal
reproduction, distribution, or use of copyrighted or
trademarked products <an antipiracy group>. [Cases:
Copyrights and Intellectual Property C;:::>70; Trade
marks C;:::> 1423.]
antiqua custuma (an-tl-kwa kils-t[y]oo-m,,). [Law Latin
"ancient customs"] Hist. A tax on wool, woolfells, and
leather, under St. 3 Edw . The distinction between
antiqua custuma and nova custuma arose when the
king imposed new taxes on the same articles in the
22nd year ofhis reign. Cf. NOVA CUSTUMA.
antiqua et nova (an-tI-kw" et noh-v,,). [Latin] Hist. Old
and new (rights).
"Antiqua et nova .... The technical terms in our law
equivalent to these Latin terms are, heritage and conquest;
heritage (antiqua) being that estate to which anyone
succeeds as heir; conquest (nova) that which he succeeds
to or acquires by purchase, gift, or any singular title. The
distinction between heritage and conquest is now abol
ished, 37 & 38 Vict. cap. 94,  37:John Trayner, Trayner's
Latin Maxims 50 (4th ed. 1894).
antiquare (an-ti-kwair-ee), vb. [Latin] Roman law. 1.
To reject a proposal for a new law . Ihose who voted
against a proposed law wrote on their ballots the letter "A:' for antiquo ("I am for the old law"). 2. To repeal
a law.
antiqua statuta (an-tI-kw" sta-t[yJoo-t,,). See VETERA
STATUTA.
antiquum dominicum (an-tI-kw"m da-min-i-bm).
[Law Latin] Ancient demesne. See DEMESNE.
antiquus et novus extentus (an-tl-kw"s et noh-vas
ek-sten-tas). [Law Latin] Scots law. Old and new extent.
 The phrase appeared in reference to the valuation
ofland for tax purposes, with old valuations assessed
in the year 1280, and new valuations assessed several
times after that date. Cf. QUANTUM NUNC VALENT;
QUANTUM VALUERUNT TEMPORE PACIS.
antishelving clause. Patents. A provision in a patent
licenSing contract, usu. one in which payment is based
on royalties, requiring the licensee to put the patented
article into commercial use within a specified time and
to notify the patentee if the licensee decides to stop
selling or manufacturing it.  The licensee generally
agrees to commercially exploit the patent or else risk
lOSing the license or exclUSivity. Antishelving clauses
are also used in trademark licenses. Also termed
antishelving provision; shelving clause; shelVing provi
sion. [Cases: Patents C;:::>21l(1).]
antisocial behavior order. English law. A judicial order
prohibiting a person from certain types of conduct,
potentially including conduct that is otherwise legal,
where the conduct is likely to cause harm or distress to
a nonoccupant of the individual's household. ABSOs
were introduced in Great Britain by the Crime and
Disorder Act 1998. Abbr. ABSO or ASBO.
antisocial personality disorder. See PSYCHOPATH.
antispamming law. A statute enacted to combat or crim
inalize the sending of unsolicited commercial e-maiL
 Many states have such a law. See SPAM. [Cases: Tele
communications C;:::> 1343.]
antistructuring statute. A federal law that forbids struc
turing monetary transactions with the intent to evade
federal reporting requirements. [Cases: United States
antisubrogation rule (an-tee-s"b-roh-gay-sh"n). Insur
ance. The principle that an insurance carrier has no
right of subrogation -that is, no right to assert a
claim on behalf of the insured or for payments made
under the policy against its own insured for the risk
covered by the policy. See SUBROGATION. [Cases: Insur
ance C;:::>3SlO.]
antisuit, adj. Of or relating to a court order forbidding
the defendant in a lawsuit, pending or resolved, from
filing a similar action against the same party in another
jurisdiction. _ The purpose ofan antisuit order is usu.
to prevent forum-shopping. See RES JUDICATA; COL
LATERAL ESTOPPEL. [Cases: Courts C;:::>S16; Injunction
32,33.]
antisuit injunction. See INJUNCTION.
antitakeover measure. A provision in a company's
organizational documents intended to discourage

111
unwanted takeover bids by setting forth the actions
the company may take, as a target, to avoid an invol
untary takeover.
antitakeover statute. A state law deSigned to protect
companies based in the state from hostile takeovers.
antithetarius (an-tith-a-tair-ee-as). [Law Latin] Hist.
An accused person who asserts that his or her accuser
is guilty ofthe crime. Cf. APPROVER (1).
Antitrust Civil Process Act. A federal law prescrib
ing the procedures for an antitrust action by way of
a petition in U.S. District Court. 15 USCA  1311 et
seq.
Antitrust Guidelines for the Licensing of Intellectual
Property. A set of criteria, jOintly issued by the Anti
trust Division ofthe U.S. Justice Department and the
FTC, that those agencies apply in deciding whether
to initiate an investigation or enforcement action as a
result ofrestrictions in patent, copyright, trade-secret,
and know-how licenses. 4 Trade Reg. Rep. (CCH)
~ 13,132 (April 6, 1995).
antitrust law. 1. The body oflaw deSigned to protect trade
and commerce from restraints, monopolies, price-fix
ing, and price discrimination . The principal federal
antitrust laws are the Sherman Act (15 USCA  1-7)
and the Clayton Act (I5 USCA  12-27).
"As legislative history and case law both disclose, the
general objective of the antitrust laws is the maintenance
of competition. Competition per se thus becomes a goal
of the legal order. Yet, competition is not a concept which
defines itself; notions about the desirability of competition
may shape judgments about how the law should apply,
at least at its indistinct edges." Lawrence A. Sullivan,
Handbook ofthe Law ofAntitrust  5, at 20 (1977).
2. (cap.) SHERMAN ANTITRUST ACT.
antlike persistency. (1924) Patents. Slang. The steady
tenacity ofa patent practitioner or applicant who tries
to wear down the U.S. Patent and Trademark Office by
prosecuting patent claims in the hope that the Office
will eventually relent . Judge Learned Hand coined


demark Office by
prosecuting patent claims in the hope that the Office
will eventually relent . Judge Learned Hand coined
this pejorative expression in Lyon v. Boh, 1 F.2d 48,
49-50 (S.D.N.Y. 1924).
AO. abbr. ADMINISTRATIVE OFFICE OF THE UNITED
STATES COURTS.
AOC. abbr. 1. ANNO ORBIS CONDITL 2. And other con
sideration. See other consideration under CONSIDER
ATION.
AOD. abbr. ACTION ON DECISION.
AOGI. abbr. See adjusted ordinary gross income under
INCOME.
AOUSC. abbr. ADMINISTRATIVE OFFICE OF THE UNITED
STATES COURTS.
APA. abbr. 1. ADMINISTRATIVE PROCEDURE ACT. 2.
ADVANCE PRICING AGREEMENT.
a pais (ah payor pays). [Law French] Hist. At or to the
country; at issue.
a pari (ay par-I). [Law Latin] Hist. Equally; in like
manner. apocrisarius
apartheid (a-pahrt-hayt or a-pahr-tIt). Racial segrega
tion; speci, a comprehensive governmental policy of
racial discrimination and segregation, as it was prac
ticed in South Africa.
apertum breve. See BREVE.
apertum factum (a-par-tam fak-t3m). [Latin "open
deed"] An overt act.
apertura testamenti (ap-ar-t[yJoor-a tes-ta-men-tI).
[Latin "opening ofthe testament"] Roman law. A proce
dure for proving a will by which the witnesses acknowl
edged their signatures and seal before a magistrate and
the will was opened and publicly read.
apex deposition. See DEPOSITION.
apex juris (ay-peks joor-is). [Latin "summit oflaw"] An
extreme point or subtlety oflaw, such as a merely tech
nical objection in pleading or an extreme interpretation
ofa doctrine. Cf. APICES LITIGANDI.
apex rule. Mining law. The principle that a vein ofore
may be mined ifit extends beyond the vertical bound
aries ofthe surface claim on which the vein apexes.
Also termed extra lateral right. Cf. INTRALIMINAL
RIGHT. [Cases: Mines and Minerals (;:;>30.]
APH. abbr. AMERICAN PRINTING HOUSE FOR THE
BLIND.
APHIS. abbr. ANIMAL AND PLANT HEALTH INSPECTION
SERVICE.
apices litigandi (ay-pi-seez lit-i-gan-dI). [Law Latin]
Extremely fine points (or subtleties) oflitigation. Cf.
APEX rURIS.
APJ. abbr. See administrative patent judge under
rUDGE.
apocha (ap-a-ka). Roman & civil law. A receipt acknowl
edging payment.  An apocha discharges only the obli
gation represented by the payment, in contrast to an
acceptilation, which discharges an entire debt. Also
spelled apoca. Cf. ACCEPTILATION; ANTAPOCHA.
apochae oneratoriae (ap-a-kee oh-nar-ay-tor-ee-ee).
[Law Latin "cargo receipt"] Hist. Bills oflading.
apocha trium annorum (ap-a-ka tn-am a-nor-3m).
[Latin "receipt for three years"] Scots law. Hist. Receipts
for three consecutive periodic payments, the produc
tion of which gave rise to a presumption that prior
installments had been properly paid.
"The production by the debtor of receipts for the last three
consecutive installments of a termly payment, such as feu
duty, rent, wages or interest, raises a presumption, the
apocha trium annorum, rebuttable by parol eVidence, that
all prior instalments have been duly paid. The same infer
ence is notjustified by one receipt, even for three or more
instalments. Nor do receipts for three instalments justify
an inference that a bill, granted for earlier arrears, has been
paid." 2 David M. Walker, Principles ofScottish Private Law
143 (4th ed. 1988).
apocrisarius (a-pok-ri-sair-ee-as), n. [Latin] Hist.
Eccles. law. 1. An ambassador; a messenger, such as a
Pope's legate. 2. One who answers for another; esp., an
officer who presented church matters to the emperor
and conveyed the answers to the petitioners. 3. One

who, upon consultation, gives advice in ecclesiastical
matters. -Also termed responsalis; a responsis; secre
tarius; consiliarius; referendarius; a consiliis.
apographa (a-pog-ra-fa), n. pl. [fro Greek apographein
"to copy"]l. Civil law. An examination and enumera
tion ofthings possessed; an inventory. 2. Copies; tran
scripts. apographal, adj.
apostasy (a-pos-ta-see). 1. Hist. A crime against religion
consisting in the total renunciation of Christianity by
one who had preViously embraced it. 2. Eccles. law.
Abandonment of religiOUS vows without dispensa
tion.
apostata capiendo. See DE APOSTATA CAPIENDO.
apostate (a-pos-tayt). A person who has forsaken religion
or a particular religion. -Also termed (archaically)
apostata (ap-a-stay-ta).
a posteriori Cay pos-teer-ee-or-I or ah pos-teer-ee-or-ee),
adv. [Latin "from what comes after"] (16c) Inductively;
from the particular to the general, or from known
effects to their inferred causes <as a legal analyst, she
reasoned a posteriori from countless individual
cases to generalized rules that she finally applied>. Cf.
APRIORI. a posteriori, adj.
apostille (a-pos-til). [French "postscript, footnote"] Int'l
law. A marginal note or observation; esp., a standard
certification provided under the Hague Convention for
authenticating documents used in foreign countries.
Also spelled apostil. See CERTIFICATE OF AUTHORITY
(1).
apostle (a-pos-al), n. Civil & maritime law. L A letter sent
from a trial court to an appellate court, stating the case
on appeal. 2. The record or papers sent up on appeal.
Also termed apostoli. 3. DIMISSORY LETTERS.
apostolus (a-pos-ta-l<ls), n. [fro Greek apostolos "one sent
from another"] Hist. A messenger, ambassador, legate,
or nuncio. PI. apostoli (a-pos-t~-h).
apotheca (ap-a-thee-b), n. [fro Greek apotheke "store")
Civil law. A repository, as for wine or books. Pl. apoth
ecae.
apparatus. See MACHINE.
apparatusdaim. See PATENT CLAIM.
apparatus limitation. Patents. The inclusion ofa struc
ture or phYSical apparatus in a method or process
claim. An apparatus limitation, while not objection
able, carries little weight toward establishing the pat
entability ofa method or process claim.
apparent, adj. (14c) 1. Visible; manifest; obvious. 2.
Ostensible; seeming.
apparent agency. See agency by estoppel under AGENCY
(1).
apparent agent. See AGENT (2).
apparent assent. See ASSENT.
apparent authority. See AUTHORITY (1).
apparent danger. See DANGER.
apparent defect. See patent defect under DEFECT. apparent easement. See EASEMENT.
apparent heir. See heir apparent under HEIR.
apparent principal. See PRINCIPAL (1).
apparent servitude. See SERVITUDE (2).
apparent title. See COLOR OF TITLE.
apparitor (a-par-~-t<lr or -tor). 1. Roman law. (ital.) An
officer who served a court, esp. as secretary, messen
ger (viator), or herald. -Also termed viator. 2. Civil
law. An officer who attends court to execute judicial
orders. 3. Eccles. law. An officer who executes orders
and decrees, esp. by serving summonses.
apparlement (~-pahrl-m<mt), n. [Law French) Hist. like
lihood, as in the apparlement ofwar.
apparura (ap-a-ruur-<l), n. [fro Law Latin apparare "to
furnish"] Hist. Furniture, apparel, implements, or
tackle.
appeal, n. (13c) 1. A proceeding undertaken to have a
decision reconsidered by a higher authority; esp., the
submission ofa lower court's or agency's decision to a
higher court for review and possible reversal <the case
is on appeal>. Also termed petition in error; (in Scots
law) falsing ofdooms. See CERTIORARI. [Cases: Appeal
and Error (;=0 1.]
appeal as ofright. See appeal by right.
appeal by application. An appeal for which permission
must first be obtained from the reviewing court.
Also termed appeal by leave. [Cases: Appeal and Error
(;=0358.]
appeal by right. An appeal to a higher court from which
permission need not be first obtained. -Also termed
appeal as ofright; appeal ofright. [Cases: Appeal and
Error (;=0358.]
appeal de novo. An appeal in which the appellate
court uses the trial court's record but reviews the
evidence and law without deference to the trial
court's rulings. -Also termed de novo review; de
novo judicial review. [Cases: Appeal and Error (;=0
892; Federal Courts (;=0776.]
appealfrom the decision ofthe chair. Parliamentary
law. A motion by which a member invokes the assem
bly's right ofreviewing its chair's decision on a point
oforder. Also termed appeal from the ruling ofthe
chair.
appealfrom the ruling ofthe chair. See appeal from the
decision ofthe chair.
appeal in forma pauperis (in for-rna paw-p<lr-is). An
appeal by an indigent party, for whom court costs are
waived. Fed. R. App. P. 24. See IN FORMA PAUPERIS.
[Cases: Appeal and Error (;=0389; Federal Courts
662.]
consolidated appeal. An appeal in which two or more
parties, whose interests were similar enough to make
a joinder practicable, proceed as a Single appellant.
[Cases: Appeal and Error (;=0325,328,816; Federal
Courts <.r'=>651.]

113
cross-appeal. An appeal by the appellee, usu. heard
at the same time as the appellant's appeal. [Cases:
Appeal and Error 14(4).]
delayed appeal. An appeal that takes place after the
time for appealing has expired, but only when the
reviewing court has granted permission because of
special circumstances. [Cases: Appeal and Error
356,357.]
devolutive appeal (di-vol-y;:Hiv). An appeal that
does not suspend the execution of the underlying
judgment. [Cases: Appeal and Error C=::>460.j
direct appeal. An appeal from a trial court's decision
directly fo the jurisdiction's highest court, thus
bypassing review by an intermediate appellate court.
 Such an appeal may be authorized, for example,
when the case involves the constitutionality ofa state
law.
duplicitous appeal. An appeal from two separate judg
ments, from a judgment and an order, or from two
orders. [Cases; Appeal and Error (;:::;0418.]
federal appeal. An appeal to a federal appellate court
usu. from (1) a federal district court to a United States
circuit court, (2) a United States circuit court to the
Supreme Court of the United States, or (3) a state
supreme court to the Supreme Court of the United
States. [Cases; Federal Courts C=445, 541.]
frivolous appeal. (18c) An appeal having no legal basis,
usu. filed for delay to induce a judgment creditor to
settle or to avoid payment of a judgment . Federal
Rule ofAppellate Procedure 38 provides for the award
of damages and costs if the appellate court deter
mines that an appeal is frivolous. Fed. R. App. P. 38.
[Cases; Costs C==>260; Federal Civil Procedure
2839,2840.]
interlocutory appeal. An appeal that occurs before the
trial court's final ruling on the entire case. 28 USCA
 1292(b) . Some interlocutory appeals involve legal
points necessary to the determination of the case,
while others involve collateral orders that are wholly
separate from the merits of the action. See INTERLOC
UTORY APPEALS FINAL-JUDGMENT RULE. [Cases:
Appeal and Error Federal Courts C=::>572.L]
judgment-roll appeal. An appeal based only on the
pleadings, the findings ofthe court, and the judgment.
[Cases: Appeal and Error
limited appeal. An appeal from only certain portions
of a decision, usu. only the adverse or unfavorable
portions.
precautionary appeal. See protective appeal.
protective appeal. A precautionary appeal filed by
counsel when the client might otherwise lose an
effective right to appeal.  A protective appeal is
typically filed when (1) a client's motion to intervene
has been denied, and the trial court is entering other
orders that the client wants to appeal, (2) counsel has
doubts about where to appeal, (3) counsel has doubts
about the length ofthe appeal period, or (4) the client appearance
must preserve uncertain or contingent rights. Also
termed precaution


length ofthe appeal period, or (4) the client appearance
must preserve uncertain or contingent rights. Also
termed precautionary appeal.
state appeal. An appeal to a state appellate court, either
from a court of first instance to any intermediate
appellate court or from a lower court to the highest
court in the state-court system. [Cases; Appeal and
Error L]
suspensive appeal. An appeal that stays the execution
ofthe underlying judgment. [Cases; Appeal and Error
460.]
2. Hist. The charging ofsomeone with a crime; speci.,
an accusation ofa crime, esp. treason or a felony.
appeal, vb. 1. To seek review (from a lower court's
decision) by a higher court <petitioner appeals the
conviction>. 2. Hist. To charge with a crime; accuse.
appealability, n.
appealable decision. See DECISION.
appeal as of right. See appeal by right under APPEAL.
appeal bond. See BOND (2).
appeal brief. See BRIEF.
appeal by leave. See appeal by application under
APPEAL.
appeal by right. See APPEAL.
appeal court. See appellate court under COURT.
appeal de novo. See APPEAL.
appealer. Archaic. APPELLANT.
appeal from the chair. Parliamentary law. An assembly
member's formal objection to a decision made by the
chair. If the appeal is seconded, the chair must state
what question was answered and explain the reasons
for the chair's decision, then allow the members present
to vote in support of or against that decision.
appeal in forma pauperis. See APPEAL.
appeal of felony. Hist. A procedure by which a person
accused another of a crime, demanded proof of inno
cence by wager of battle, or informed against an accom
plice. Also termed appellum de felonia.
appeal of right. See appeal by right under APPEAL.
appeals council. A commission that hears appeals of
rulings by administrative-law judges in social-security
matters. [Cases; Welfare (~8.15, 142.5.J
appeals court. See appellate court under COURT.
appearance, n. (l4c) Procedure. A coming into court as
a party or interested person, or as a lawyer on behalf of
a party or interested person; esp., a defendant's act of
taking part in a lawsuit, whether by formally partici
pating in it or by an answer, demurrer, or motion, or
by taking post judgment steps in the lawsuit in either
the trial court or an appellate court. [Cases: Appear
ance Federal Civil ProcedureC=::>561-574.]
appear, vb.
'The English courts did not, until modern times, daimjuris
diction over the person of the defendant merely by service
of summons upon him. It was deemed necessary to resort
to further process by attachment of his property and arrest

of his person to compel 'appearance,' which is not mere
presence in court, but some act by which a person who
is sued submits himself to the authority and jurisdiction
of the court. Any steps in the action, such as giving bail
upon arrest, operated as an appearance or submission."
Benjamin j. Shipman, Handbook ofCommon-Law Pleading
 5, at 24 (Henry Winthrop Ballantine ed., 3d ed. 1923).
'The term 'appearance' is used particularly to signify or
designate the overt act bywhich one against whom suit has
been commenced submits himself to the court's jurisdic
tion, although in a broader sense it embraces the act of
either plaintiff or defendant in coming into court .... An
appearance may be expressly made by formal written or
oral declaration, or record entry, or it may be implied from
some act done with the intention of appearing and submit
ting to the court's jurisdiction." 4 Am. Jur. 2d Appearance
 I, at 620 (1995).
appearance de bene esse. See special appearance.
appearance pro hac vice (proh hak VI-see or proh hahk
vee-chay). [Latin) An appearance made by an out-of
state lawyer for one particular case, usu. by leave of
court.  For more on the pronunciation of this term,
see PRO HAC VICE. [Cases: Attorney and Client
10.] ,
appearance under protest. English & Canadian law.
See special appearance.
compulsory appearance. An appearance by one who
is required to appear by having been served with
process_ [Cases: Appearance (;=> 1.]
general appearance. A general-purpose appearance
that waives a party's ability later to dispute the court's
authority to enter a binding judgment against him
or her. [Cases: Appearance C=.8-1O, 16-25; Federal
Civil Procedure (;:=:0566.]
initial appearance. A criminal defendant's first appear
ance in court to hear the charges read, to be advised
of his or her rights, and to have bail determined .
The initial appearance is usu. required by statute to
occur without undue delay. In a misdemeanor case,
the initial appearance may be combined with the
arraignment. See ARRAIGNMENT. [Cases: Arrest
70; Criminal Law (;=>261-264.]
limited appearance. See special appearance.
special appearance. 1. A defendant's pleading that
either claims that the court lacks personal jurisdic
tion over the defendant or objects to improper service
of process. 2. A defendant's showing up in court for
the sole purpose of contesting the court's assertion
of personal jurisdiction over the defendant.  Special
appearances have been abolished in federal court.
Fed. R. Civ. P. 12(b). Also termed limited appear
ance; appearance de bene esse; (in English &Canadian
law) appearance under protest. [Cases: Appearance
(;=>9(2, 3); Federal Civil Procedure (;=>565.]
voluntary appearance. An appearance entered by
a party's own will, without the service of process.
[Cases: Appearance
appearance bond. See bail bond under BOND (2).
appearance date. See answer day under DAY.
appearance day. See answer day under DAY. appearance de bene esse. See speCial appearance under
APPEARANCE.
appearance docket. See DOCKET (I).
appearance doctrine. (1972) In the law of self-defense,
the rule that a defendant's use offorce is justified ifthe
defendant reasonably believed it to be justified. [Cases:
Assault and Battery <8;:::;67; Homicide C=795.]
appearance pro hac vice. See APPEARANCE.
appearance term. See TERM (5).
appearance ticket. See CITATION (2).
appearance under protest. English & Canadian law. See
special appearance under APPEARANCE.
appellant (<l-pel-<lnt). (ISc) A party who appeals a
lower court's decision, usu. seeking reversal of that
decision. Also termed (archaically) plaintiffin error;
(formerly) appealer. Cf. APPELLEE. [Cases: Appeal and
Error (;=>321.]
appellate (<l-pel-it), adj. (18c) Ofor relating to an appeal
or appeals generally.
appellate brief. See BRIEF (1).
appellate counsel. See COUNSEL.
appellate court. See COURT.
appellate division. A department of a superior court
responsible for hearing appeals; an intermediate appel
late court in some states, such as New York and New
Jersey. [Cases: Courts
appellate jurisdiction. See JURISDICTION.
appellate record. See RECORD ON APPEAL.
appellate review. See REVIEW.
appellate rules. A body of rules governing appeals from
lower courts. [Cases: Courts (;=>80(4); Federal Courts
Appellate Term. A division of the New York Supreme
Court established to hear both appeals from decisions
of the civil and criminal courts of New York City and
appeals from district courts, town courts, and other
lower courts . The Appellate Term's decisions are often
unpublished but are binding authority on the lower
courts. [Cases: Courts (;=>50, 107.]
appellatio (ap-<l-lay-shee-oh), n. [Latin] Roman law. An
appeal from a lower court. PI. appellationes (ap-<l-lay
shee-oh-neez).
appellation oforigin. Trademarks. Representation ofa
product's geographic origin by use of a mark -such
as symbol, word, phrase, or graphic element such as
a map -whose use is regulated to ensure that the
products so marked reflect some well-known feature
peculiar to the region . This term usu. applies to a
product whose quality or some characteristic feature
has been gained by natural means, such as by the nature
of the local climate or soil, or by the nature of the way
it is made, such as by local customs of production. For
example, the appellation burgundy can be used only
for wines made from certain types ofvarietal grapes

115
from particular regions ofFrance. [Cases: Trademarks
<r~104S.1
appellator (ap-<l-lay-tar), n. [Latin] Roman & civil law.
An appellant.
appellee (ap-<l-Iee). (16c) A party against whom an appeal
is taken and whose role is to respond to that appeal,
usu. seeking affirmance of the lower court's decision.
See RESPONDENT. Cf. APPELLANT. [Cases: Appeal and
Error~326.1
appello (<I-pel-oh), vb. [Latin] Roman law. I appeal.
This was the form of making an appeal apud acta (in
the presence. of the judge).
appellor (<I-pel-or or ap-a-Ior). lUst. English law. A
person who formally accuses another of a crime, chal
lenges a jury, or informs against an accomplice.
appellum deielonia. See APPEAL OF FELONY.
appendant (<I-pen-d<lnt), adj. (ISc) Attached or belong
ing to property as an additional but subsidiary right.
appendant, n.
appendant claim. See dependent claim under PATENT
CLAIM.
appendant easement. See easement appurtenant under
EASEMENT.
appendant power. See POWER (s).
appenditia (ap-en-dish-ee-a), n. [Law Latin] Hist. The
appendages or appurtenances of an estate.
appendix, n. (16c) 1. A supplementary document
attached to the end of a writing <the brief includes an
appendix of exhibits>. For the requirements of an
appendix to a federal appellate brief, see Fed. R. App. P.
30.2. English law. A volume that contains material doc
uments and other evidence presented in a lower court.
 The volume is used by the House of Lords or Privy
Council when functioning as an appellate tribunal. PI.
appendixes, appendices.
appensura (ap-en-s[y]oor-d), n. [fro Latin appel1dere "to
weigh out"] Hist. The payment of money by weight
rather than by count.
applicable exclusion amount. Tax. The dollar value of
an estate that is exempt from federal estate and gift
taxes. See unified estate-and-gift-tax credit under TAX
CREDIT.
applicable exclusion credit. See unified estate-and-gift
tax credit under TAX CREDIT.
applicando singula singulis (ap-li-kan-doh sing-gy<l-l<l
sing-gYd-lis). [Law Latin) Hist. By applying each to
each; to apply each condition to . The phrase was used
in deed constructions.
applicant. (18c) 1. One who requests something; a
petitioner, such as a person who applies for letters of
administration. 2. ACCOUNT PARTY.
application. (ISc) 1. A request or petition. See copy
RIGHT APPLICATION; PATENT APPLICATION; TRADE
MARK APPLICATION. 2. MOTION. applied cost
ex parte application. See ex parte motion under
MOTION (1).
interlocutory application. A motion for equitable or
legal relief sought before a final decision.
3. Bankruptcy. A request for an order not requiring
advance notice and an opportunity for a hearing before
the order is issued. [Cases: Bankruptcy ~21S6.1
Application Division. Patents. The part of the U.S.
Patent and Trademark Office that is responSible for
accepting patent applications, assigning them serial
numbers, checking them for completeness and formali
ties, placing them in file wrappers, and assigning them
to an appropriate art group based on the invention's
class and subclass of technology.
application for a reissue patent. See PATENT APPLICA
TION.
application for leave to appeal. (1882) A motion asking
an appellate court to hear a party's appeal from a
judgment when the party has no appeal by right or
when the party's time limit for an appeal by right has
expired. The reviewing court has discretion whether
to grant or reject such a motion. [Cases: Appeal and
Error ~361;Federal Courts ~660.]
application for transfer. In some jurisdictions, a request
to a state's highest court to hear an appeal from an
intermediate court of appeal.  The appeal is heard as
though it had been appealed to the highest court origi
nally. The court may typically ignore the intermediate
court's decision and may consider an error that was
not raised in the intermediate court. [Cases: Courts
~487(1), 488(1).]
application number. Patents & Trademarks. The eight
digit sequential number assigned by the U.S. Patent and
Trademark Office to a patent or trademark application .
 Applications are typically referred to by an applica
tion number, which consists ofa two-digit series code, a
slash, and a six-digit serial number. References to patent
applications also include the filing date <application no.
08/944,183, filed September 20, 1978>. Also termed
serial number.
application service provider. A business that hosts
software on its computers and gives subscribers access
as needed . The subscriber does not need to purchase
a license to use the software


software on its computers and gives subscribers access
as needed . The subscriber does not need to purchase
a license to use the software before the proVider sends
it to the subscriber's computer, usu. over the Internet
or a private electronic network. -Abbr. ASP.
applied-art doctrine. Copyright. The rule that a picto
rial, graphic, or sculptural work that has an inherent
use apart from its appearance, and is also an expres
sive work apart from its utility, may qualify for copy
right protection . Examples have included bookends,
lamps, and sundials. In contrast to applied art, indus
trial designs are not copyrightable, although they may
be protected by design patents instead. Also termed
useful-article doctrine. [Cases: Copyrights and Intel
lectual Property ~4.J
applied cost. See COST (1).

116 apply
apply, vb. (14c) 1. To make a formal request or motion
<apply for a loan> <apply for injunctive relief>. 2. To
employ for a limited purpose <apply payments to a
reduction in interest>. 3. To put to use with a particular
subject matter <apply the law to the facts> <apply the
law only to transactions in interstate commerce>.
appointed counsel. See assigned counsel under
COUNSEL.
appointee. (18c) 1. One who is appointed. 2. One who
receives the benefit of a power of appointment. See
POWER OF APPOINTMENT. [Cases: Powers
permissible appointee. A person to whom appointive
prope'rty may be assigned under a power of appoint
ment. Also termed object ofthe power ofappoint
ment; object ofthe power; object ofa power.
appointive asset. See ASSET.
appointive property. See PROPERTY.
appointment, n. (15c) 1. The designation of a person,
such as a nonelected public official, for a job or duty;
esp., the naming of someone to a nonelected public
office <Article II of the U.S. Constitution grants the
President the power of appointment for principal
federal officials, subject to senatorial consent>. [Cases:
Officers and Public Employees United States (;=
35.]
at-pleasure appointment. See pleasure appointment.
pleasure appointment. The assignment of someone to
employment that can be taken away at any time, with
no requirement for cause, notice, or a hearing. -Also
termed at-pleasure appointment. [Cases: Officers and
Public Employees C='60.]
public appointment. An appointment to a public office.
[Cases: Officers and Public Employees (;=8.]
recess appointment. An appointment, including a
judicial appointment, made by the President when
the Senate is not in session, subject to the Senate's
later ratification. [Cases: Judges (;=3; United States
2. An office occupied by someone who has been
appointed <a high appointment in the federal gov
ernment>. 3. Parliamentary law. The naming of an
officer, the members of a committee, or the holder of
any other title in an organization by means other than
the organization's election. 4. The act of disposing of
property, in exercise ofa power granted for that purpose
<the tenant's appOintment oflands>. See POWER OF
APPOINTMENT. [Cases: Powers 1.] -appoint,
vb. appointer (for senses 1-3), n. appointor (for
sense 4), n.
illusory appointment. A nominal, unduly restrictive,
or conditional transfer of property under a power of
appointment. [Cases: Powers (;=36(3).]
"Like many other theories which are very plausible in
the abstract, experience has shown that the doctrine of
illusory appointments is difficult in application, since the
term 'illusory' is vague and indefinite. And, because of the
difficulty of formulating rules for determining what is an
illusory appointment and the evils resulting from attempts to substitute the judicial will for the intent of the donor and
donee of the power, the doctrine has been condemned or
rejected by many courts." 62 Am.Jur. 2d Powers ofAppoint
ment  186 (1990).
Appointments Clause. (1976) The clause of the U.S. Con
stitution giving the President the power to nominate
federal judges and various other officials. U.S. Const.
art. II,  2. [Cases: United States (;=35.]
apport (;;I-port), n. [Law French] Hist. A tax, expense,
tribute, or payment.
apportionment, n. (16c) 1. Division into proportion
ate shares; esp., the division of rights and liabilities
between two or more persons or entities. 2. Tax. The
act of allocating or attributing moneys or expenses in
a given way, as when a taxpayer allocates part of profits
to a particular tax year or part of the use of a personal
asset to a business. [Cases: Taxation 3477.] 3.
Distribution of legislative seats among districts; esp.,
the allocation ofcongressional representatives among
the states based on population, as required by the 14th
Amendment. -The claim that a state is denying the
right of representation to its citizens through improper
apportionment presents a justiciable issue. -Also
termed legislative apportionment. See REAPPORTION
MENT. [Cases: Elections (;=12(6).]4. The division (by
statute or by the testator's instruction) of an estate
tax liability among persons interested in an estate.
apportion, vb.
apportionment clause. Insurance. A policy provision
that distributes insurance proceeds in proportion to
the total coverage. [Cases: Insurance (;=2193.]
apportionment ofliability. (1855) Torts. The parceling
out ofliability for an injury among multiple tortfea
sors, and possibly the plaintiff as well. _ Apportion
ment of liability encompasses such legal doctrines as
joint and several liability, comparative responsibility,
indemnity, and settlements. See Restatement (Third) of
Torts: Apportionment of Liability (1999). [Cases: Neg
ligence (;=484, 549; Torts (;=125.]
apportionment rule. Oil & gas. The minority doctrine
that royalties accrued under an oil-and-gas lease on
land that is subdivided during the lease term must be
shared by the landowners in proportion to their inter
ests in the land. -For example, ifGrey granted a lease
to Simms, then sold one-half of the land to Metcalfe,
Simms and Metcalfe would each be entitled to one-half
of any royalty from the land, no matter where the pro
ducing well is located. Only California, Mississippi, and
Pennsylvania follow this rule. Cf. NONAPPORTIONMENT
RULE. [Cases: Mines and Minerals (;=79.1(3).]
apportum (;;I-por-t;;lm), n. [Law Latin] Hist. The revenue,
profit, or emolument that something brings to its owner.
-This was often used in reference to a pension.
appose (;;I-pohz), vb. Hist. 1. To interrogate, esp. with
difficult questions. 2. To confront (someone) with
objections to something. 3. To examine the books and
accounts of; audit.

117
apposer (J-pohz-Jr). Hist. 1. A questioner; interroga
tor. 2. An Exchequer officer who examined sheriffs'
accounts; speci., an officer responsible for examin
ing the sheriff's estreat (book of fines), comparing
the entries with those in court records, and apposing
(interrogating) the sheriff on each sum in the estreat.
 This office was abolished in England in 1833. Also
termed foreign apposer.
apposite (ap-<l-zit), adj. Suitable; appropriate.
appraisal, n. (1817) 1. The determination of what con
stitutes a fair price; valuation; estimation of worth. 2.
TIle report of such a determination. -Also termed
appraisement. Cf. ASSESSMENT (3). appraise, vb.
appraisal clause. An insurance-policy provision
allowing either the insurer or the insured to demand
an independent estimation of a claimed loss. [Cases:
Insurance (;::::'3249.]
appraisal remedy. The statutory right ofcorporate share
holders who oppose some extraordinary corporate
action (such as a merger) to have their shares judicially
appraised and to demand that the corporation buy back
their shares at the appraised value. Also termed
appraisal right; dissenters' right; right of dissent and
appraisal. [Cases: Corporations (;:::: 182.4(4)-182.4(6),
584.]
appraisal trinity. The three most commonly accepted
methods of appraising real property: the market
approach, the cost approach, and the income approach.
See MARKET APPROACH; COST APPROACH; INCOME
APPROACH. [Cases: Evidence
appraisement. (17c) 1. APPRAISAL. 2. An ADR method
used for resolving the amount or extent of liability
on a contract when the issue of liability itself is not
in dispute. _ Unlike arbitration, appraisement is not
a quasi-judicial proceeding but instead an informal
determination of the amount owed on a contract.
[Cases: Alternative Dispute Resolution
appraiser. An impartial person who estimates the
value ofsomething, such as real estate, jewelry, or rare
books. Also termed valuer.
business appraiser. An appraiser who specializes in
determining the value of commercial enterprises
and property, including real estate and intellectual
property.
merchant appraiser. See MERCHANT APPRAISER.
appreciable, adj. Capable of being measured or per
ceived.
appreciate, vb. 1. To understand the Significance or
meaning of. 2. To increase in value.
appreciation, n. (18c) An increase in an asset's value,
usu. because ofintlation. Cf. DEPRECIATION. appre
ciate, vb. appreciable, adj.
appreciation surplus. See revaluation surplus under
SURPLUS.
appreciation test. (1970) Criminal law. A test for
the insanity defense requiring proof by clear and appropriation
convincing evidence that at the time of the crime,
the defendant suffered from a severe mental disease
or defect preventing him or her from appreciating the
wrongfulness of the conduct.  This test, along with the
accompanying plea of not guilty by reason of insanity,
was established by the Insanity Defense Reform Act of
1984.18 USCA  17. -Also termed Insanity Defense
Reform Act of1984 test. See INSANITY DEFENSE. [Cases:
Criminal Law
apprehensio (ap-ri-hen-see-oh). [Latin] 1. APPREHEN
SION (1). 2. Civil law. Seizure; a procedure for acquir
ing something that belongs to no one. -It is a type of
occupatio.
apprehension, n. (14c) 1. Seizure in the name ofthe law;
arrest <apprehension of a criminal>. [Cases: Arrest
(:::::68(3).] 2. Perception; comprehension; belief <the
tort of assault requires apprehension by the plaintiff
of imminent contact>. 3. Fear; anxiety <most people
approach public speaking with some apprehension>.
apprehend, vb.
apprentice. 1. Hist. A person bound by an indenture to
work for an employer for a specified period to learn a
craft, trade, or profession.
"Apprentices, in the strict legal sense, are servants. usually
but not necessari Iy infants, who agree to serve their
masters with a view to learning some trade or bUSiness,
and whose masters on their part agree to instruct them.
The contract is usually for a term of years and is normally
embodied in a deed, in which case the apprentice is said
to be bound by an indenture of apprenticeship. It is cus
tomary for the father of the apprentice (or some person
standing in loco parentis), as well as the apprentice himself
to execute the deed or other instrument, and thus become
liable for the due observance by the apprentice of his
obligations thereunder. When an apprentice deliberately
misconducts himself in such a way that, in the case of any
other servant, his behaviour would amount to a repudia
tion of the agreement, and thereupon the master decides
to accept the repudiation and dismisses him, the appren
tice's repudiation is not effective, and the contract is not
terminated, unless the Court find that such a course would
be for the infant's benefit. Otherwise the infant could do
indirectly what he could not do directly -namely, bring
about a rescission of the contract." 2 Stephen's Commentar
ies on the Laws of England 133-34 (L. Crispin Warmington
ed., 21 st ed. 1950).
2. A learner in any field ofemployment or business, esp.
one who learns by hands-on experience or technical
on-the-job training by one experienced in the field.
apprentice of the law. Hist. 1. A law student. 2. A bar
rister ofjunior status. Also termed apprentice en la
ley; apprenticius ad legem.
apprenticius ad legem (a-pren-tish-ee-<ls ad lee-j<lm).
[Law Latin] APPRENTICE Of THE LAW.
apprize, vb. To appraise; to assign a value to.
approach, right of. See RIGHT OF APPROACH.
appropriated retained earnings. See EARNINGS.
appropriated surplus. See SURPLUS.
appropriation, n. (14c) 1. The exercise of control over
property; a taking of possession. Cf. EXPROPRIATION
(1); MISAPPROPRIATION (1). 2. A legislative body's act of

118 appropriations bill
setting aside a sum of money for a public purpose. _ If
the sum is earmarked for a precise or limited purpose,
it is sometimes called a specific appropriation. [Cases:
States C=) 129.] 3. The sum ofmoney so voted.


a specific appropriation. [Cases:
States C=) 129.] 3. The sum ofmoney so voted. 4. Torts.
An invasion of privacy whereby one person takes the
name or likeness of another for commercial gain.
[Cases: Torts 386.]5. The transfer of a benefice,
together with all its interests, to a spiritual corpora
tion. See spiritual corporation under CORPORATro".
Cf. IMPROPRIATION. 6. The benefice so transferred.
appropriate, vb. appropriable, adj. -appropria
tor, n.
appropriations bilL See BILL (3).
appropriator, n. Hist. Eccles. law. The corporate pos
sessor ofan appropriated benefice -that is, a benefice
that has been perpetually annexed to a spiritual cor
poration, often a monastic house.
approval sale. See sale on approval under SALE.
approve, vb. 1. To give formal sanction to; to confirm
authoritatively. 2. Parliamentary law. To adopt. See
ADOPTION (5). approval, n.
Approved Drug Products with Therapeutic Equiva
lence Evaluations. See ORANGE BOOK.
approved indorsed note. See NOTE (1).
approved list. See LEGAL LIST.
approvement. 1. English law. The right of an owner of
common lands to enclose them partially and receive
income arising from them. -This right -originally
granted by the Statute ofMerton (1235) is still avail
able, but a landowner seeking to approve land must
receive the government's consent to do so. 2. Hist. The
act of avoiding a capital conviction by accusing an
accomplice; turning king's evidence.
approver (<l-proo-v<lr), n. Hist. 1. One who offers proof;
esp., a criminal who confesses and testifies against one
or more accomplices. See relative confession under CON
FESSION. Cf. ANTITHETARIUS. 2. An agent or bailiff;
esp., one who manages a farm or estate for another.
approximation, doctrine of. See DOCTRINE OF APPROXI
MATION.
appruare (ap-roo-air-ee), vb. [Law Latin] Hist. To obtain
a benefit from land by making improvements.
appurtenance (a-part-[<l-]n<lnts), n. (14c) Something that
belongs or is attached to something else <the garden is
an appurtenance to the land>. [Cases: Deeds C=117.]
"The word 'appurtenances' which in former times at least
was generally employed in deeds and leases is derived
from the word apparenrir which is Norman French and
means to belong to. Speaking broadly, the word means
anything corporeal or incorporeal which is an incident of,
and belongs to some other thing as principal. At a time
when the construction of conveyances was of a more
technical character than it is at present the word was con
sidered of much greater importance than it is now and it
was considered that in its absence from a lease or other
conveyance a very restricted meaning should attach to the
words of the description of the premises conveyed." 1 H.C.
Underhill, A Treatise on the Law of Landlord and Tenant
 291, at 442-43 (1909). appurtenant, adj. (14c) Annexed to a more important
thing. -Also termed (in Scots law) part and perti
nent.
appurtenant easement. See easement appurtenant under
EASEMENT.
APR. abbr. See annual percentage rate under INTEREST
RATE.
d prendre (ah prawn-dr .. or -d..r). [French] (17c) For
taking; for seizure. See PROFIT APRENDRE.
a priori (ay pn-or-I or ah pree-or-ee), adv. [Latin "from
what is before"] (17c) Deductively; from the general to
the particular <as an analyst, he reasoned a priori
from seemingly self-evident propositions to particular
conclusions>. Cf. A POSTERIORI. a priori, adj.
a provisione viri (ay pr<l-vizh-ee-oh-nee vl-n). [Latin]
By the provision ofa man (Le., a husband).
APS. abbr. 1. ADULT PROTECTIVE SERVICES. 2. AUTO
MATED PATENT SYSTEM.
apud acta (ap-<ld ak-t<l). [Latin] Roman & civil law.
Among the acts; among the judicial proceedings
recorded in writing. _ This phrase refers to appeals
taken orally in the presence of the judge.
apud judicem. See IN JUDICIO.
APV. abbr. See adjusted present value under PRESENT
VALUE.
a qua (ay kway or kwah). [Latin] See A QUO.
aqua (ak-w<l), n. [Latin] Roman law. 1. Water. 2. A water
course. PI. aquae (ak-wee).
aqua aestiva (ak-w<l es-tI-V<l). Summer water; water
used only in the summer.
aqua currens (ak-w<l kar-enz). See aqua profluens.
aqua dulcis (ak-w<l d31-sis). Fresh water. -Also termed
aqua frisca.
aquafontanea (ak-wa fon-tay-nee-<l). Springwater.
aquafrisca (ak-w.. fris-k<l). See aqua dulds.
aqua profluens (ak-w.. prof-loo-enz). Flowing or
running water. Also termed aqua currens.
aqua quotidiana (ak-wa kwoh-tid~ee-ay-na). Daily
water; water that can be drawn at all times of the
year. Also spelled aqua cottidiane.
aqua salsa (ak-wa sal-s<l). Salt water.
aquaeductus (ak-wee-d<lk-t<ls), n. [Latin "conveying of
water"] See servitus aquae ducendae under SERVITUS.
aquae ferventis judicium. [Latin] Eccles. law. See ordeal
by water (2) under ORDEAL.
aquae frigidae judicium. [Latin1Eccles. law. See ordeal
by water (1) under ORDEAL.
aquaehaustus (ak-wee-haws-t<ls), n. [Latin "drawing
of water"] A servitude granting the right to draw
water from a well, pool, spring, or stream on another's
land. -Also termed jus aquaehaustus; servitus aquae
haustus; servitus aquae hauriendae.

119
aquae immittendae (ak-wee im-;l-ten-dee). [Latin
"waters to be discharged"] A servitude consisting in
the right of one whose house is surrounded by other
buildings to discharge wastewater on the neighboring
roofs or yards. -This is similar to common-law drip
rights. -Also termed stillicidium. Cf. servitus stillicidii
under SERVITUS; DRIP RIGHTS.
aqua fontanea. See AQUA.
aqua frisca. See aqua dulcis under AQUA.
aquagium (J-kway-jee-;lm), n. [Law Latin] Hist. 1. A
canal for draining water, esp. from marshy land. 2. A
payment for supplying water to a mill or carrying goods
bywater. .
aqua projluens. See AQUA.
aqua quotidiana. See AQUA.
aqua salsa. See AQUA.
aquatic right. See WATER RIGHT.
Aquilian law. See LEX AQL'ILIA.
a quo (ah or ay kwoh), adv. [LatinJ From which.
Also termed a qua. See AD QUEM; court a quo under
COURT.
a quo invito aliquid exigi potest (ay kwoh in-vI-toh
al-i-kwid ek-SJ-jI poh-test). [Latin] Scots law. From
whom something may be exacted against his will.
The phrase appeared in reference to the position of a
debtor under a legal obligation, as distinguished from
his position under a natural, voluntary obligation.
A.R. abbr. ANNO REGNI.
arabant (J-ray-b.:mt). [Latin]lbey plowed. -This term
was applied to those who held by the tenure ofplowing
and tilling the lord's lands within the manor.
arable land. See LAND.
aralia (J-ray-lee-,,), n. See arable land under LAND.
aratia (;l-ray-shee-J), n. See arable land under LAND.
arator (,,-ray-tdr), n. [Law Latin] Rist. A farmer ofarable
land.
aratrum terrae (J-ray-tr;lm ter-ee), n. [Law Latin] Hist.
The amount ofland that can be plowed with a single
plow; plowland.
araturia (ar-<=l-t[y]oor-ee-<=l), n. [Law Latin] See arable
land under LAND.
ARB. abbr. ACCOUNTING RESEARCH BULLETIN.
arbiter (ahr-b;l-tJr). (14c) One with the power to decide
disputes, such as a judge <the Supreme Court is the
final arbiter oflegal disputes in the United States>. Cf.
ARBITRATOR.
arbitrage (ahr-b;l-trahzh), n. The simultaneous buying
and selling ofidentical securities in different markets,
with the hope of profiting from the price difference
between those markets. Also termed space arbitrage.
[Cases: Securities Regulation 53.17(4).] arbi
trager (ahr-bJ-trazh-;lr), arbitrageur (ahr-b<=l-trah
zh;)r), n.
convertible arbitrage. See kind arbitrage. arbitration
covered-interest arbitrage. The simultaneous invest
ment in a currency and execution of spot- and
forward-rate foreign-exchange contracts to take
advantage of exchange-rate and interest-rate differ
entials between currencies without assuming foreign
exchange risk.
currency arbitrage. The simultaneous purchase of
a currency in one market and sale of it in another
to take advantage of differences or fluctuations in
exchange rates.
kind arbitrage. Purchase of a security that, having
no restriction other than the payment of money, is
exchangeable or convertible within a reasonable time
to a second security, with a simultaneous offsetting
sale of the second security. -Also termed convert
ible arbitrage.
risk arbitrage. Arbitrage ofassets that are probably, but
not necessarily, equivalent; esp., arbitrage of corpo
rate stock in a potential merger or takeover, whereby
the target company's stock is bought and the acquir
ing company's stock is sold simultaneously.
time arbitrage. Purchase of a commodity against a
present sale ofthe identical commodity for a future
delivery; esp., the simultaneous buying and selling of
securities for immediate delivery and future delivery,
with the hope of profiting from the difference in
prices.
arbitrage bond. See BOND (3).
arbitrament (ahr-bi-trJ-m<1nt). (15c) 1. The power to
decide for oneself or others; the power to decide finally
and absolutely. 2. The act of deciding or settling a
dispute that has been referred to arbitration. [Cases:
Alternative Dispute Resolution C=>30I-336.] 3.
AWARD. Also spelled (archaically) arbitrement.
arbitrament and award. A plea that the same matter has
already been decided in arbitration. [Cases: Alternative
Dispute Resolution e=-380, 406.]
arbitrary, adj. (I5c) 1. Depending on individual discre
tion; speci., determined by a judge rather than by fixed
rules, procedures, or law. 2. (Of a judicial decision)
founded on prejudice or preference rather than on
reason or fact. _ This type of decision is often termed
arbitrary and capricious. Cf. CAPRICIOUS.
arbitrary mark. See arbitrary trademark under TRADE
MARK.
arbitrary name. See arbitrary trademark under TRADE
MARK.
arbitrary trademark. See TRADEMARK.
arbitration, n. (15c) A method of dispute resolution
involving one or more neutral third parties who are usu.
agreed to by the disputing parties and whose decision
is binding. -Also termed (redundantly) binding arbi
tration. Cf. MEDIATION (1). [Cases: Alternative Dispute
Resolution Gc::: 111.] -arbitrate, vb. arbitral, adj.
ad hoc arbitration. (1931) Arbitration of only one
issue.

120 arbitration act
adjudicative-claims arbitration. (I972) Arbitration
designed to resolve matters usu. handled by courts
(such as a tort claim), in contrast to arbitration of
labor issues, international trade, and other fields tra
ditionally associated with arbitration.
compromissory arbitration. An international arbi
tration grounded on a mutual promise to define the
scope of the dispute and abide by the arbitrator's
decision. See COMPROMIS.
compulsory arbitration. (l8B) Arbitration required
by law or forced by law on the parties.
court-ordered arbitration. See judicial arbitration.
final-offer arbitration. (197l) Arbitration in which
each party must submit a "final offer" to the arbitra
tor, who may choose only one. -This device gives
each party an incentive to make a reasonable offer or
risk the arbitrator's accepting the other party's offer.
The purpose of this type of arbitration is to counteract
arbitrators' tendency to make compromise decisions
halfway between the two parties' demands.
grievance arbitration. 1. Arbitration that involves the
violation or interpretation of an existing contract.
The arbitrator issues a final decision regarding the
meaning ofthe contractual terms. 2. Labor law. Arbi
tration of an employee's grievance, usu. relating to
an alleged violation of the employee's rights under