0.13.]
net cash flow. See CASH FLOW.
net cost. See COST (1).
net earnings. See net income under INCOME.
net estate. See net probate estate under PROBATE
ESTATE.
net gain. See GAIN (3).
nether house of Parliament. Rist. The lower house of
Parliament; the English House of Commons. This
name was given to the House of Commons at the time
ofHenry VIII.
net income. See INCOME.
net investment. See INVESTMENT.
net lease. See LEASE.
net level annual premium. See PREMIUM (1).
net listing. See LISTING (1).
net loss. See LOSS.
net national product. The total value of goods and
services produced in a country during a specific period,
after deducting capital replacement costs.
net-net-net lease. See LEASE.
net operating asset. See ASSET.
net operating income. See INCOME.
net operating loss. See LOSS.
net position. 1. The difference between long and short
contracts held by a securities or commodities trader. 2.
The amount gained or lost because of a change in the
value ofa stock or commodity.
net premium. See PREMIUM (1).
net present value. See PRESENT VALUE.
net price. See PRICE.
net probate estate. See PROBATE ESTATE.
net proceeds. See PROCEEDS.
net profit. See PROFIT (1).
net-profits interest. Oil & gas. A share ofproduction free
ofthe costs ofproduction . Like a royalty, the interest
is expressed as a fraction or a percentage of production.
But unlike a royalty, it is payable only if there is a net
profit, and the costs that are used to calculate the net
profit depend on what is negotiated. [Cases: Mines and
Minerals C=>79.1(2).]
net quick assets. 1. See ASSET. 2. See QUICK-ASSET
RATIO.
net realizable value. 1. For a receivable, the amount of
cash expected from the collection ofpresent customer
balances. 2. For inventory, the selling price less the
completion and disposal costs. 3. An accounting
method requiring the value ofscrap or by-products to
be treated as a reduction in the cost of the primary
products.
net rent. See RENT (1). ne urbs ruinis deformetur
net rental. See RENTAL.
net return. See RETURN.
net revenue. See net profit under PROFIT (1).
net sale. See SALE.
net sale contract. See net listing under LISTING (1).
net single premium. See PREMIUM (1).
netspionage. [fro (Inter)net + espionage] Slang. Spying
that is enabled by and carried out through computer
networks, esp. for the purpose ofappropriating or mis
appropriating data.
net tangible worth. See WORTH.
net tonnage. See TONNAGE (1).
net valuation premium. See net premium under
PREMIUM (1).
net value. See VALUE (2).
net weight. See WEIGHT.
network element. Telecommunications. A facility or
piece of equipment used to provide telecommunica
tions service, as by a local-exchange network, and each
feature, function, or capability ofthe service. 47 USCA
 153(29). [Cases: Telecommunications C=>860.]
net worth. See WORTH.
net-worth method. The procedure the Internal Revenue
Service uses to determine the taxable income of a
taxpayer who does not keep adequate records . The
change in net worth for the year determines the taxpay
er's gross income, after taking into account nontaxable
receipts and nondeductible expenses. [Cases: Internal
Revenue ~-:>4530.]
net yield. See YIELD.
ne unques (nee ;)ng-kweez). [Law French] Never.
ne unques accouple (nee ;)ng-kweez <l-k;)p-<ll), n. [Law
French "never married "] In a dower action by a widow
to recover the estate ofher deceased husband, a tenant's
plea denying the woman's marriage to the decedent.
Also termed ne unques accoup/e en loiall matrimonies.
See DOWER.
ne unques executor (nee ;)ng-kweez ig-zek-Y<l-t<lr), n.
[Law French "never executor"] A plea that the defen
dant or plaintiff is not an executor as alleged.
ne unques seise que dower (nee ;)ng-kweez see-zee b
dow-ar), n. [Law French "never seised of a dowable
estate"] His/. In a dower action, the tenant's general
denial (plea ofgeneral issue) that the widow's husband
was never seised of a dowable estate ofinheritance.
ne unques son receiver (nee ;)ng-kweez sawn ri-see-v<lr),
n. [Law French "never a receiver"] In an action for an
accounting, the defendant's plea denying the receipt of
anything from the plaintiff. -Also termed ne unques
receivour.
ne urbs ruin is deformetur (nee 3rbz rOO-I-nis di-for-m<l
t<lr). [Latin] Scots law. Lest the city should be disfigured
by ruinous houses . The phrase appeared in reference
to the jurisdiction ofthe Dean ofGuild, who presided

1140 neutral
over construction projects, to order repairs to or demo
lition of unsafe buildings.
neutral, adj. (15c) 1. Indifferent. 2. (Of a judge, mediator,
arbitrator, or actor) refraining from taking sides in a
dispute. 3. Impartial; unbiased . The term frequently
applies to statutes that regulate or restrict speech.
content-neutral. (Of a regulation or discrimination)
applicable to all speech, regardless ofviewpoint and
subject matter. See TIME-PLACE-OR-MANNER RESTRIC
TION. Cf. subject-matter-neutral; viewpoint-neutral.
[Cases: Constitutional Law (;::::> 1511.]
subject-matter-neutral. (Of a regulation or discrimi
nation) not based on the topic or subject ofspeech. See
TIME-PLACE-OR-MANNER RESTRICTION. Cf. content
neutral; viewpoint-neutral. [Cases; Constitutional
Law Cr--::}151 1.]
viewpoint-neutral. (Of a regulation or discrimination)
not based on a point ofview or an ideology. View
point neutrality was first addressed in Rosenberger
v. Visitors ofUniv. ofVa., 515 U.S. 819,115 S.Ct. 2510
(1989). See TIME-PLACE-OR-MANNER RESTRICTION.
Cf. content-neutral; subject-matter-neutral. [Cases:
Constitutional Law (;::::> 1507.]
neutral, n. (15c) 1. A person or country taking no side
in a dispute; esp., a country that is at peace and is com
mitted to aid neither of two or more belligerents. Cf.
BELLIGERENT.
"The rights of neutrals have grown up to be an important
part of international law in modern times.... Now, when a
war arises between two states, the interests of all neutrals
are more affected than formerly; or, in other words,
neutral power has increased more than war power, and the
tendency is more and more towards such alterations ofthe
code of war as will favor neutral commerce ...." Theodore
D. Woolsey, Introduction to the Study of International Law
 163, at 276 (5th ed. 1878).
2. A nonpartisan arbitrator typically selected by two
other arbitrators one of whom has been selected by
each side in the dispute. [Cases: Alternative Dispute
Resolution (;::::>240.]
neutrality, n. (15c) 1. The state or quality ofbeing impar
tial or unbiased. 2. The condition of a nation that in
time ofwar takes no part in the dispute but contin
ues peaceful dealings with the belligerents. -neutral,
adj.
armed neutrality. A condition of neutrality that
the neutral state is willing to maintain by military
force.
neutrality law. Int'llaw. An act that prohibits a nation
from militarily aiding either of two or more belliger
ent powers with which the nation is at peace; esp., a
federal statute forbidding acts -such as the equipping
of armed vessels or the enlisting oftroops -designed
to assist either oftwo belligerents that are at peace with
the United States. 22 USCA  441~457. [Cases: Neu
trality Laws C::)1~5.]
neutrality proclamation. lnt'llaw. At the outbreak of
a war between two nations, an announcement by the
President that the United States is neutral and that its citizens may not violate the neutrality laws, as in the
Neutrality Proclamation of 1793, issued during the war
between France and Great Britain.
neutralization. (1817) 1. 1be act of making something
ineffective. 2. Int'llaw. The process bywhich a country's
integrity has been permanently guaranteed by interna
tional treaty, conditionally on its maintaining a perpet
ual neutrality except in its own defense . Switzerland
is the only remaining example, having been neutralized
by the Treaty of Vienna in 1815 - a provision reaf
firmed by the Treaty ofVersailles in 1919.3. The act of
declaring certain persons or property neutral and safe
from capture. See NEUTRAL PROPERTY. 4. Evidence. The
cancellation of unexpected harmful testimony from a
witness by showing, usu. by cross-examination, that
the witness has made conflicting statements . For
example, a prosecutor may attempt to neutralize testi
mony of a state witness who offers unexpected adverse
testimony. See IMPEACHMENT (2).
neutral principles. (1959) Constitutional law. Rules
grounded in law, as opposed to rules based on personal
interests or beliefs. _ In this context, the phrase was
popularized by Herbert Wechsler. See Toward Neutral
Principles of Constitutional Law, 73 Harv. L. Rev. 1
(1959).
neutral property. Things belonging to citizens of
a country that is not a party to a war, as long as the
things are properly used and labeled. For example,
harmless neutral property aboard a captured belliger
ent ship would not normally be subject to seizure. But
the hiding ofexplosives in otherwise neutral property
could allow the property to be seized as contraband.
neutron-activation analysis. (1951) A method of iden
tifying and analYZing phYSical evidence by measur
ing gamma rays emitted by a sample of material after
that material has been bombarded with neutrons in
a nuclear reactor . This technique can be used, for
example, to detect gunshot residue on the hand of
someone who recently fired a gun. The analysis is usu.
expensive to perform, but most courts allow the results
into evidence. -Abbr. NAA. [Cases: Criminal Law
(;::::>388.2.]
Nevada trust. See asset-protection trust (1) under TRUST
(3).
ne varietur (nee vair-ee-ee-tar), n. [Latin "it must not
be altered"] A notation ofidentity that a person, usu. a
notary, places on documents or translations of docu
ments. In Louisiana, this notation is typically placed
on a collateral mortgage note to bind and identify the
note with the collateral mortgage.
never indebted, plea of. (1880) A common-law
traverse or denial- by which the defendant in an
action on a contract debt denies that an express or
implied contract existed. Also termed non debit.
See TRAVERSE. [Cases: Bills and Notes (;::::>474; Con
tracts (;::::>339.]
new, adj. 1. (Of a person, animal or thing) recently come
into being <the new car was shipped from the factory

this morning>. 2. (Of any thing) recently discovered
<a new cure for cancer>. 3. (Of a person or condition)
changed from the former state <she has a new state of
mind>. 4. Unfamiliar; unaccustomed <she asked for
directions because she was new to the area>. 5. Begin
ning afresh <a new day in court>.
new acquisition. See ACQUISITION.
new and useful. Patents. Two of the requirements for an
invention to be patentable namely, that the inven
tion be novel and that it have practical utility. 35 USCA
 101. See PATENT (3). [Cases: PatentsC=>37, 46.1
new asset. See ASSET.
new assignment. See ASSIGNMENT (7).
newborn-kidnapping by cesarean section. See kidnap
ping by cesarean under KIDNAPPING.
new business. See BUSINESS.
new-business rule. The principle precluding an award
ofdamages for lost profits to a business with no recent
record of profitability, because the damages would be
too speculative. [Cases: Damages (;::>40(1), 190.]
new cause ofaction. See CAUSE OF ACTION.
new-contract dispute. See major dispute under DIS
PUTE.
new court commitment. See COMMITMENT.
new debtor. See DEBTOR.
new-debtor syndrome. Conduct showing a debtor's
bad faith in filing for bankruptcy, as a result of which
the court may dismiss the bankruptcy petition . An
example is the debtor's formation of a corporation,
immediately before the bankruptcy filing, solely to take
advantage of the bankruptcy laws. [Cases: Bankruptcy
(;=>2252.1, 3503.J
new drug. See DRUG.
new-for-old. 1. Marine insurance. In adjusting a partial
marine-insurance loss, the principle that old materi
als apply toward payment of the new, so that the old
material's value is deducted from the total repair
expenses, and then from that balance one-third of the
cost of repairs (one-third of the new materials for the
old


expenses, and then from that balance one-third of the
cost of repairs (one-third of the new materials for the
old on the balance) is deducted and charged against
the insured shipowner. -Also termed deduction for
new. [Cases: Insurance e::-~'2244.]2. The principle that
a party whose property has been damaged is entitled
to recover only the amount necessary to restore the
property to the condition it was in before the damage,
instead of acquiring a new item to replace one that was
old and depreciated. [Cases: Damages 103.]
New Inn. Hist. English law. One of the Inns ofChancery
(collegiate houses) in which law students were placed
before entering the Inns ofCourt . This practice con
tinued until approximately 1650, when the buildings
began to be used only by barristers and solicitors. See
INNS OF CHANCERY. Cf. INNS OF COURT.
new issue. See ISSUE (2).
new-loan fee. See MORTGAGE DISCOUNT. newly discovered evidence. See EVIDENCE.
new matter. 1. See MATTER. 2. Patents. Additional infor
mation in an amended patent application that adds to
the original disclosure . Since the new matter was
reduced to practice after the application was filed, it
cannot carry the same filing date. Rather, it must be
included in a continuation-in-part application. - Also
i 	termed disconformity. [Cases: Patents ~109.]
. new-matter rejection. See REJECTION.
i new promise. See PROMISE. . new-rnle principle. (1989) Criminal procedure. A
doctrine barring federal courts from granting habeas
corpus relief to a state prisoner because of a rule, not
! 	dictated by existing precedent, announced after the
prisoner's conviction and sentence became final.
Also termed nonretroactivity principle. See HABEAS
CORPUS. [Cases: Courts C=> 100(1).]
new ruling. (1931) Criminal procedure. A Supreme
Court ruling not dictated by precedent existing when
the defendant's conviction became final and thus not
applicable retroactively to habeas cases . For example,
when the Court in Ford v. Wainwright, 477 U.S. 399,
106 S.Ct. 2595 (1986), ruled that the Eighth Amend
ment prohibits execution of insane prisoners, this new
ruling was nonretroactive because it departed so widely
from prior doctrine. Teague v. Lane, 489 U.S. 288, 109
S.Ct. 1060 (1989). See HABEAS CORPUS. [Cases: Courts
(~.)100(1).1
New Rules. See HILARY RULES.
new series. See N.S.
newsman's privilege. See journalist's privilege (1) under
PRIVILEGE (3).
newspaper. (17c) A publication for general circulation,
usu. in sheet form, appearing at regular intervals, usu.
daily or weekly, and containing matters of general
public interest, such as current events.
daily newspaper. A newspaper customarily published
five to seven days every week. Often shortened to
daily.
legal newspaper. A newspaper containing matters of
legal interest including summaries of cases, legal
advertisements, legislative or regulatory changes,
and local bankruptcy notices. [Cases: Newspapers
newspaper ofgeneral circulation. (1838) A newspaper
that contains news and information ofinterest to the
general public, rather than to a particular segment,
and that is available to the public within a certain geo
graphic area. -Legal notices (such as a class-action
notice) are often reqUired by law to be published in
a newspaper of general circulation. [Cases: Newspa
pers (::::::>3(5).]
"The phrase 'newspaper of general circulation' is a term
of art in most states and does not necessarily mean the
newspaper best calculated to reach interested persons."
Ann Taylor Schwing, Open Meeting Laws  5.28, at 190-91
(2d ed. 2000).

official newspaper. A newspaper designated to contain nexi (nek-sI), n. pl. [Latin] Roman law. Debtors given in I
all the public notices, resolves, acts, and advertise
ments ofa state or municipal legislative body. [Cases:
Newspapers 1-7.]
newspaper prospectus. See PROSPECTUS.
new style. The modern system for ordering time accord
ing to the Gregorian method, introduced by Pope
Gregory XIII in 1582 and adopted in England and
the American colonies in 1752. Because the Julian
calendar year was slightly longer than the astronomi
cal year, the vernal equinox over time had been dis
placed by ten days. Pope Gregory reformed the calendar
by announcing that October 5, 1582 would be called
October 15. And, while generally retaining a leap year
for years divisible by 4, he skipped leap years in years
divisible by 100 (such as 1800 and 1900), but retained
leap years for years divisible by 400 (such as 2000).
Thus, the years 2000, 2004, 2008, etc. are leap years,
but 2100 is not. -Abbr. n.s. Also termed Gregorian
calendar. Cf. OLD STYLE.
new trial. See TRIAL.
new-use claim. See PATENT CLAIM.
new-use invention. See INVENTION.
new value. See VALUE (2).
new-value defense. See DEFENSE (1).
new works. See WORKS.
New York interest. See Boston interest under INTEREST
(3).
New York standard clause. See MORTGAGE-LOSS
CLAUSE.
New York Stock Exchange. An association of member
firms that handle the purchase and sale of securities
both for themselves and for customers . This exchange,
the dominant one in the United States, trades in only
large companies having at least one million outstand
ing shares. Abbr. NYSE. [Cases: Exchanges C-=:> 1-15;
Securities Regulation C=:40.l0-40.l6.j
New York Supplement. A set ofregional law books, part
of the West Group's National Reporter System, con
taining every published appellate decision from inter
mediate and lower courts of record in New York, from
1888 to date . The first series ran from 1888 to 1937;
the second series is the current one. -Abbr. N.Y.S.;
N'y.S.zd.
New York Times malice. See actual malice (2) under
MALICE.
New York Times rule. A commonsense rule of ethical
conduct holding that one should not do anything
arguably newsworthy -in public or in private that
one would mind having reported on the front page of
a major newspaper . In various communities, a local
newspaper is substituted for the Times. Also termed
New York Times test; New York Times v. Sullivan rule.
See actual malice (Z) under MALICE. bondage to creditors until their debts have been paid.
SeeNExuM.
next devisee. See DEVISEE.
next eventual estate. See ESTATE (1).
next friend. (l6c) A person who appears in a lawsuit to
act for the benefit ofan incompetent or minor plain
tiff, but who is not a party to the lawsuit and is not
appointed as a guardian. -Also termed prochein ami.
Cf. guardian ad litem under GUARDIAN. [Cases: Infants
C=>76; Mental Health C=485.J
next-in, first-out. A method of inventory valuation (but
not a generally accepted accounting principle) whereby
the cost of goods is based on their replacement cost
rather than their actual cost. -Abbr. NIFO. Cf. FIRST
IN, FIRST-OUT; LAST-IN, FIRST-OUT.
next of kin. (18c) 1. The person or persons most closely
related to a decedent by blood or affinity. Cf. RELATIVE.
[Cases: Descent and Distribution C=)ZO-43; Wills C=>
508.] 2. An intestate's heirs -that is, the person or
persons entitled to inherit personal property from a
decedent who has not left a wilL See HEIR.
next presentation. See PRESENTATION.
nexum (nek-sam), n. [Latin] Roman law. A transaction or
practice ofearly Roman law under which a debtor, upon
a failure to repay the debt, could be seized and held in
bondage until the debt was repaid . This practice was
allowed in very early Roman law.
"Nexum. This highly controversial matter will be briefly
dealt with as nexum had long been obsolete in classical
law. Little is really known of it: it has been doubted whether
there ever was such an institution. No text tells us that
there was a contract called nexum .... But we have texts
which speak of nexum as creative of obligation ... and
many literary texts dealing with debtors who were nexi,
so that it may be taken as certain that there was such a
transaction ... which in some way reduced debtors to a
sort of slavery, that great hardships resulted and that a I.
Poetelia . .. practically ended this state of things, presum
ably by requiring an actual judgment before seizure. The
effect was not to abolish nexum, but, by depriving it of
its chief value, the power of seizure ... to leave it with
no advantages to counterbalance its clumsiness, so that
it went out of use." W.W. Buckland, A TextBook of Roman
Law from Augustus to Justinian 429-30 (Peter Stein ed.,
3d ed. 1963).
nexus, n. (l7c) 1. A connection or link, often a causal
one <cigarette packages must inform consumers ofthe
nexus between smoking and lung cancer>. PI. nexuses;
nexus. 2. Roman law. (ital.) In very early times, a debtor
given in bondage to creditors until the debts have been
paid. PI. nexi. See NEXUM.
nexus rea lis (nek-sas ree-ay-lis). [Latin "a real fetter")
Scots law. An encumbrance to property, such as a ser
vitude.
nexus test. (1975) The standard by which a private
person's act is considered state action -and may give
rise to liability for Violating someone's constitutional
rights if the conduct is so closely related to the gov
ernment's conduct that the choice to undertake it may
fairly be said to be that ofthe state . While similar to

1143
the symbiotic-relationship test, the nexus test focuses
on the particular act complained of, instead of on the
overall relationship of the parties. Still, some courts
use the terms and analyses interchangeably. -Also
termed close-nexus test. Cf. SYMBIOTIC-RELATIONSHIP
TEST. See JOINT PARTICIPATION; STATE-COMPULSION
TEST. [Cases: Civil Rights C= 1326(4, 7).]
"The complaining party must ... show that there is a suf
ficiently close nexus between the State and the chal
lenged action ofthe regulated entity so that the action
of the latter may be fairly treated as that of the State
itself. lhe purpose ofthis requirement is to assure that
constitutional standards are invoked only when it can be
said that the State is responsible for the specific conduct
ofwhich the plaintiff complains .... [O]ur precedents
indicate that a State normally can be held responsible
for a private decision only when it has exercised coercive
power or has provided such significant encouragement,
either overt or covert, that the choice must in law be
deemed to be that of the State." Blum v. Yaretsky, 457
U.S. 991, 1004, 102 S.Ct. 2777, 2786 (1982).
NGO. abbr. NONGOVERNMENTAL ORGANIZATION.
NGRI. See not guilty by reason of insanity under NOT
GUILTY.
NHTSA. abbr. NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION.
niehil (nieh-dl), n. [Old French nichil fr. Latin nihil
"nothing"] Hist. English law. A debt owed to the Exche
quer's office but nihiled by sheriffs as nonleviable .
Once a year, an officer ofthe Clerk ofNichils enrolled
these amounts and sent them to the treasurer's remem
brancer's office from which process was issued for their
recovery. Both offices were abolished in 1833. -Also
spelled nichill; nichel.
nichil, vb. (Of a sheriff) to make return that a debt is
worthless, because the debtor either cannot be found
or is unable to pay.
Nickerson letter. In New York City, a document issued
by the Board of Education offering to pay the tuition
of a disabled child who has been admitted to a state
approved private school and whose educational needs
cannot be met in a public school.  Nickerson letters
are named for Judge Eugene P. Nickerson, who presided
over the class-action suit that led to their creation. See
Jose P. v. Ambach, 669 F.2d 865 (2d Cir. 1982); see also
Jose P. v. Ambach, 557 F. Supp. 1230 (E.D.N.Y. 1983).
[Cases: Schools 148(2.1), 155.5(1).]
nickname, n. (15c) 1. A shortened version of a person's
name <"Bill" is William's nickname>. [Cases: Names
2. A descriptive or alternative name, in addition
to or instead of the actual name <David Smith's
nickname is "Red">.
niece. (14c) The daughter ofa person's brother or sister;
sometimes understood to include the daughter of a
person's brother-in-law or sister-in-law . This term
is extended in some wills to include a grandniece. Cf.
NEPHEW. nihil
halfniece. The daughter of one's half brother or half


. Cf.
NEPHEW. nihil
halfniece. The daughter of one's half brother or half
sister.
NIED. abbr. KEGLIGENT INFLlCTIOK OF EMOTIONAL
DISTRESS.
nient (nee-ent). [Law French] Not; nothing.
nient culpable (nee-ent bl-pd-bdl), n. [Law French]
Hist. A general plea of"not guilty" in a tort or criminal
action.
'When the prisoner hath thus pleaded not gUilty, non cui
pabilis, or nient culpable; which was formerly used to be
abbreviated upon the minutes, thus, 'non (or nient) cui.'
the clerk of the assise, or clerk of the arraigns, on behalf
of the crown replies, that the prisoner is guilty, and that
he is ready to prove him so." 4 William Blackstone, Com
mentaries on the Laws ofEngland 333 (l769).
nient dedire (nee-ent dd-deer), vb. [Law French] Hist. To
deny nothing; to be subject to a default judgment.
nient Ie fait (nee-ent Id fay). [Law French] Hist. Not the
deed. This term was the earlier version of non est
factum. See NON EST FACTUM.
nient seisi (nee-ent see-zee), n. [Law French "not
seised"] Hist. The general denial in a writ to recover
an annuity.
NIFL. abbr. NATIONAL INSTI1TTE FOR LITERACY.
NIFO (m-foh). abbr. NEXTIN, FIRST-OUT.
night. (bef. 12c) 1. The time from sunset to sunrise. 2.
Darkness; the time when a person's face is not discern
ible. This definition was used in the common-law
definition ofcertain offenses, such as burglary.lCases:
Burglary
''The definition of a burglar, as given by Sir Edward Coke,
is, 'he that by night breaketh and entereth into a mansion
house, with intent to commit a felony.' ... The time must
be by night, and not by day; for in the daytime there is no
burglary .... As to what is reckoned night, and what day,
for this purpose anciently the day was accounted to begin
only at sunrising, and to end immediately upon sunset; but
the better opinion seems to be, that if there be daylight ...
enough, begun or left, to discern a man's face withal, it is
no burglary. But this does not extend to moonlight; for
then many midnight burglaries would go unpunished: and
besides, the malignity of the offence does not so properly
arise from its being done in the dark, as at the dead of
night when all the creation, except beasts of prey, are at
rest; when sleep has disarmed the owner, and rendered his
castle defenceless." 4 William Blackstone, Commentaries
on the Laws of England 224 (1769).
3. Thirty minutes after sunset and thirty minutes before
sunrise, or a similar definition as set forth by statute, as
in a statute requiring specific authorization for night
searches. 4. Evening. -Also termed nighttime. Cf.
DAY.
nightwalker. 1. Hist. A person who suspiciously wanders
about at night and who might disturb the peace.
Nightwalking was an example of a "common" offense
requiring no specific facts to be asserted in the indict
ment. 2. A prostitute who walks the streets at night;
streetwalker. [Cases: Prostitution C~~10.] 3. A sleep
walker.
nihil. See NIHIL EST.

1144 nihil capiat per breve
nihil capiat per breve (m-hil kap-ee-;lt p;lr bree-vee or
breev), n. [Latin "Let him take nothing by his writ"] A
judgment against the plaintiff in an action at bar or in
abatement. Also termed nihil capiat per billam ("let
him take nothing by his bill").
nihil dicit (m-hil dI-sit), n. [Latin "he says nothing"] 1.
The failure ofa defendant to answer a lawsuit. [Cases:
Judgment C=:> 106.] 2. See nil dicit default judgment
under DEFAULT JUDGMENT.
nihil dicit default judgment. See nil dicit default
judgment under DEFAULT JUDGMENT.
nihil est (m-hil est). [Latin "there is nothing"] A form of
return by a sheriff or constable who was unable to serve
a writ because nothing was found to levy on. Often
shortened to nihil. Cf. NULLA BONA.
nihil habet (m-hil hay-b<Jt). [Latin "he has nothing"] A
form of return by a sheriff or constable who was unable
to serve a scire facias or other writ on the defendant.
See SCIRE FACIAS.
nihilism (m-;ll-iz-;}m or nee-). (1812) 1. A doctrine
maintaining that there is no rational justification for
moral principles and that there is no objective truth.
2. The view that traditional beliefs are unfounded and
that life is meaningless and useless. 3. A theory that
the existing economic, social, or political institutions
should be destroyed, regardless of the result, because
of the basic undesirabilitv of those institutions . This
theory, featured by Ivan' Turgenev in his 1861 novel
Fathers and Sons, was popular among Russian extrem
ists until the collapse ofthe czarist government.
nihilist, n. A person who advocates nihilism. See
NIHILISM.
nihil novit (m-hil noh-vit). [Law Latin] Scots law. He
knew nothing . The phrase appeared in reference to a
defendant's oath denying any knowledge ofthe matter
in issue.
"[AJ defender may swear that he knows nothing of the
matter referred, and so obtain absolvitor; but such an
answer would not avail any defender in regard to a factum
proprium. In regard to such a matter, an answer of nihil
novitwould, in the general case, be regarded as simply an
evasion, and be treated as an admission of the debt." John
Trayner, Trayner's Latin Maxims 387 (4th ed. 1894).
nikah. Islamic law. A prenuptial contract, witnessed by
at least two men, recording the parties' mutual agree
ment to marry, the husband's promise to give his wife
a certain sum ofmoney or property, and pOSSibly other
terms about the parties' rights in and expectations from
the marriage . The contract may be enforceable under
general contract-law principles. Also termed nikah
nama. Cf. MAHR.
nil (nil). [Latin] (16c) Nothing . This word is a con
tracted form ofnihil. See NIHIL EST.
nil debet (nil deh-;}t). [Latin "he owes nothing"] Hist. A
general denial in a debt action on a simple contract.
"The proper general issue in debt on simple contracts
and statutes is 'nil debet,' which is a formal denial of the
debt. It denies not only the existence of any contract, but
under it any matters in excuse or in discharge may also be shown." Benjamin J. Shipman, Handbook ofCommon Law
Pleading  184, at 327 (Henry Winthrop Ballantine ed., 3d
ed. 1923).
nil dicit default judgment. See DEFAULT JUDGMENT,
nil habuit in tenementis (nil hab-yoo-it in ten-<l-men
tis), n. [Law Latin "he has nothing in the tenements"]
Hist. In an action to recover rent on a lease, the defen
dant's plea that the landlord has no title or interest in
the property at issue.
nilligatum (nilii-gay-t;}m). [Latin "nothing is bound"]
No obligation has been incurred.
NIMA. abbr. NATIONAL IMAGING AND MAPPING
AGENCY.
nimble dividend. See DIVIDEND.
nimmer. (14c) A petty thief; pilferer; pickpocket.
1908 Berlin Act. See BERLIN ACT.
1909 Copyright Act. See COPYRIGHT ACT OF 1909.
1971 Paris Act of the Berne Convention, See BERNE
PARIS ACT.
1976 Copyright Act. See COPYRIGHT ACT OF 1976.
Nineteenth Amendment. lhe constitutional amend
ment, ratified in 1920, providing that a citizen's right to
vote cannot be denied or abridged by the United States,
or by any state within it, on the basis of sex. Also
termed Women's Suffrage Amendment. [Cases: Elec
tions'~13.]
1933 Act. See SECURITIES ACT OF 1933.
1934 Act. See SECURITIES EXCHANGE ACT OF 1934.
ninety-day letter. (1933) Statutory notice of a tax defi
ciency sent by the IRS to a taxpayer . During the 90
days after receiving the notice, the taxpayer must pay
the taxes (and, if desired, seek a refund) or challenge
the defiCiency in tax court. IRC (26 USCA)  6212,
6213. -Also written 90-day letter. Also termed
notice ofdeficiency; deficiency notice; tax-deficiency
notice. Cf. THIRTY-DAY LETTER. [Cases: Internal
Revenue C=:>'4542.j
NINJA loan. See LOAN.
Ninth Amendment. The constitutional amendment,
ratified with the Bill of Rights in 1791, providing that
rights listed in the Constitution must not be construed
in a way that denies or disparages unlisted rights, which
are retained by the people. [Cases: Constitutional Law
C=:>1070.]
nisi (nI-sI), ad). [Latin "unless"] (18c) (Of a court's ex
parte ruling or grant of relief) haVing validity unless
the adversely affected party appears and shows cause
why it should be withdrawn <a decree nisi>. See decree
nisi under DECREE. [Cases: Motions
nisi aliud convenerit (m-sl ay-Iee-<ld k;ln-ven-;}r-it).
[Latin] Hist. Unless it has been otherwise agreed; unless
something else has been agreed to.
nisi decree. See decree nisi under DECREE.
nisi feceris (m-sl fee-sCl-ris), n. [Law Latin "unless
you have done so"] Hist. A clause in a manorial writ

providing that the king's court or officer will do justice
ifthe lords fail.  This provision allowed royal courts to
usurp the jurisdiction of manorial courts.
nisi malitia suppleat aetatem (m-51 m<)-lish-ee-<} S<Jp
lee-at ee-tay-t<}m). [Latin] Roman & Scots law. Unless
malice supplies want ofage. A child under the age of
puberty was presumed to lack the necessary intent to
commit a crime unless an evil intent was specifically
shown.
nisi prius (m-sl PrI-<}s). [Latin "unless before then"] (16c)
A civil trial court in which, unlike in an appellate court,
issues are tried before a jury. The term is obsolete in
the United States except in New York and Oklahoma.
Abbr. n.p. Also termed nisi prius court.
nisi prius clause. An entry to the record authorizing a
jury trial in the designated county. See NISI PRIUS.
nisi prius court. See NISI PRIUS.
nisi prius record. A civil-trial record. See RECORD (4).
nisi prius roll. The transcript of a case at nisi prius.
Also termed nisi prius record.
NIST. abbr. National Institute ofStandards and Technol
ogy. See TECHNOLOGY ADMINISTRATION.
nitroglycerine charge. See ALLEN CHARGE.
nixie. [fr. German nichts "nothing"] 1. A piece of mail
that cannot be delivered, usu. because the addressee is
fictitious or the address is incorrect. 2. Hist. An unde
liverable piece ofmail created by a postal inspector for
the purpose of discovering interference with mail pro
cessing and delivery. Also termed nix; nixey.
n.l. abbr. NON LIQUET.
NLRA. abbr. NATIONAL LABOR RELATIONS ACT.
NLRB. abbr. NATIONAL LABOR RELATIONS BOARD.
NMB. abbr. NATIONAL MEDIATION BOARD.
NMFS. abbr. NATIONAL MARINE FISHERIES SERVICE.
NMI. abbr. No middle initiaL
NMN. abbr. No middle name.
NOA. abbr. Slang. 1. No oral argument . This notation
is used esp. in an appellate case in which oral argument
is not granted <since the case was NOA, the court relied
exclusively on the briefs>. 2. See NOTICE OF APPEAR
ANCE.
NOAA. abbr. NATIO:NAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION.
no-action clause. An insurance-policy provision that
bars suit against the insurer until the liability of the
insured has been determined by a judgment. [Cases:
Insurance C-~3549(4).]
no-action letter. (1959) A letter from the staff of a gov
ernmental agency stating that ifthe facts are as repre
sented in a person's request for an agency ruling, the
staff will advise the agency not to take action against
the person . Typically, a no-action letter is requested
from the SEC on such matters as shareholder proposals, resales ofstock, and marketing techniques. [Cases:
Securities Regulation C=>81.]
no actus reus (noh ak-t<}s ree-<}s). A plea in which a
criminal defendant either denies involvement with a
crime or asserts that the harm suffered is too remote
from the criminal act to be imputable to the defen
dant.
no-answer default judgment. See DEFAULT JUDGMENT.
no arrival, no sale. A delivery


the defen
dant.
no-answer default judgment. See DEFAULT JUDGMENT.
no arrival, no sale. A delivery term, included in some
sales contracts, by which the seller assumes the duty to
deliver the goods to a specifIed place, and assumes the
risk ofloss for the goods while they are in transit.  If
the goods arrive damaged or late, the buyer can either
avoid the contract or accept the goods at a discount.
[Cases: Sales C=>201(2).)
no award. In an action to enforce an award, the defen
dant's plea denying that an award was made.
nobile officium (noh-b<}-lee a-fish-ee-am), n. [Latin
"noble office or privilege"] Scots law. The power of a
superior court, the Court of Session, or the High Court
to give equitable relief when none is possible under
law.
nobility, n. pl. (14c) 1. Persons ofsocial or political pre
eminence, usu. derived by inheritance or from the sov
ereign . In English law, there are various degrees of
nobility, or peerage, such as dukes, marquises, earls,
viscounts, and barons, and their female counterparts.
Nobility is generally created either by a writ ofsummons
to sit in Parliament or by a royal grant through letters
patent, and was once usu. accompanied by a large land
grant. Nobility by writ descended to a person's bodily
heirs. The modern practice is to grant nobility by letters
patent, which provide limitations as to future heirs. The
U.S. Constitution prohibits granting a title ofnobility.
U.S. Const. art. I,  9, cl. 8.
"In England nobility is apt to be confounded with the
peculiar institution of the British peerage. Yet nobility, in
some shape or another, has existed in most places and
times or the world's history, while the British peerage is
an institution purely local, and one which has actually
hindered the existence of a nobility in the sense which the
word bears in most other countries ..... Nobility, then,
in the strict sense of the word, is the hereditary handing
on from generation to generation of some acknowledged
pre-eminence, a pre-eminence founded on hereditary suc
cession, and on nothing else, .... The pre-eminence so
handed on may be of any kind, from substantial political
power to mere social respect and precedence." 17 Encyclo
paedia Britannica 538 (9th ed. 1907).
2. Persons ofhigh or noble character. 3. Ihe collective
body of persons making up the noble class.
no bill, n. (18c) A grand jury's notation that insuffi
cient evidence exists for an indictment on a criminal
charge <the grand jury returned a no bill instead ofthe
indictment the prosecutors expected>. <the grand jury
no-billed three of the charges>. Cf. TRUE BILL. [Cases:
Grand Jury C=>42.) -no-bill, vb.
no-bonus clause. Landlord-tenant law. A lease provi
sion that takes effect upon governmental condemna
tion, limiting the lessee's damages to the value of any

improvements to the property and preventing the lessee
from recovering the difference between the lease's fixed
rent and the property's market rental value. See CON
DEMNATION. [Cases: Eminent Domain 147.]
no cause of action. See take-nothing judgment under
JUDGMENT.
nocent (noh-s;mt), adj. Ifr. Latin nocere "harm"] Archaic.
1. Injurious; harmful. 2. Guilty; criminal. -This word
is the little-used antonym ofinnocent.
nocent (noh-s;mt), n. [fro Latin nocere "harm"] Hist. A
person who is guilty.
no-claim, n. The lack of a claim. _ Legal philosophers
devised this term to denote the opposite of a claim. As
one jurisprudent has said apologetically, "there is no
word in English which expresses the lack of a claim
and therefore the rather barbarous 'no-claim' has been
suggested." George Whitecross Paton, A Textbook of
Jurisprudence 291 (GW. Paton &David P. Derham eds.,
4th ed. 1972).
no-confidence vote. (1840) The formal legal method by
which a legislative body, by a majority vote, forces the
resignation of a cabinet or ministry. -Also termed
vote ofno confidence.
no-contact order. See STAY-AWAY ORDER.
no contest. (1931) A criminal defendant's plea that, while
not admitting guilt, the defendant will not dispute the
charge. -This plea is often preferable to a guilty plea,
which can be used against the defendant in a later civil
lawsuit. -Also termed no-contest plea; nolo conten
dere; non vult contendere. [Cases: Criminal Law Cr~
275.]
no-contest clause. (1929) A provision designed to
threaten one into action or inaction; esp., a testamen
tary provision that threatens to dispossess any ben
eficiary who challenges the terms of the will. Also
termed in terrorem clause; nonconiest clause; terrorem
clause; anticontest clause;forfeiture clause. [Cases: Wills
656.]
noctanter (nok-tan-tJr), n. [Latin "by night"] Hist. A
chancery writ issued to a sheriff as a first step in the
recovery ofdamages for destroying a ditch or hedge.
The neighboring villagers (vilIs) were held liable for the
damages unless they indicted the offender.
noctem defirma (nok-tJm dee f .. r-m;), n. [Law Latin
"night of duty (payable)"] Hist. The duty or custom of
providing entertainment or provisions for a night. -At
the time ofthe Norman Conquest, this was the duty or
custom of entertaining the king for one night. Also
termed noctes;firma noctis.
nocumentum (nok-YJ-men-tJm). [fro Latin nocere "to
harm"] Hist. A nuisance. -There was no remedy at law
for a nuisance causing only property damage, but there
was a remedy for a nuisance causing injury.
no cure, no pay. Maritime law. The common-law prin
ciple that compensation for salvage must come from the
material salvaged, and that if no material is salvaged
there can be no compensation. -By contrast, civil-law tradition awards compensation even for a failed effort.
Cf. ASSISTANCE. [Cases: Salvage e:-~)36.]
no-doc loan. See LOAN.
no-duty, n. Liberty not to do an act. Also termed
liberty not.
no-duty doctrine. (1966) Torts. l. The rule that a defen
dant who owes no duty to the plaintiff is not liable for
the plaintiff's injury. 2. The rule that the owner or pos
sessor ofproperty has no duty to warn or protect an
invitee from known or obvious hazards. [Cases: Neg
ligence 1037(4).]
Noerr-Pennington doctrine. (1967) The principle that
the First Amendment shields from liability (esp. under
antitrust laws) companies that join together to lobby
the government. -'Ihe doctrine derives from a line
of Supreme Court cases beginning with Eastern R.R.
Presidents Conference v. Noerr Motor Freight, Inc., 365
U.S. 127,81 S.Ct. 523 (1961), and United Mine Workers
v. Pennington, 381 U.S. 657, 85 S.Ct. 1585 (1965). [Cases:
Antitrust and Trade Regulation (;=;905; Civil Rights
1374; Constitutional Law (;=> 1437.]
no evidence. (15c) 1. 'Ihe lack of a legally sufficient evi
dentiary basis for a reasonable fact-finder to rule in
favor ofthe party who bears the burden ofproof <there
is no evidence in the record about his whereabouts at
midnight>. _ Under the Federal Rules of Civil Proce
dure, a party can move for judgment as a matter oflaw
to claim that the other party -who bears the burden
ofproof -has been fully heard and has not offered suf
ficient evidence to prove one or more essential elements
ofthe suit or defense. Fed. R. Civ. P. 50. Though such a
contention is usu. referred to as a no-evidence motion,
the issue is not whether there was actually no evidence,
but rather whether the evidence was sufficient for the
fact-finder to be able to reasonably rule in favor of the
other party. [Cases: Evidence (:=>597; Federal Civil
Procedure (;='2142.1.]
"Since judgment as a matter of law deprives the party
opposing the motion of a determination of the facts by a
jury, it should be granted cautiously and sparingly. Never
theless. the federal courts do not follow the rule that a scin
tilla of evidence is enough to create an issue for the jury.
The question is not whether there is literally no evidence
upon which the jury properly could find a verdict for that
party." 9A Charles Alan Wright & Arthur Miller, Federal
Practice and Procedure  2524, at 252-54 (2d ed. 1995).
2. Evidence that has no value in an attempt to prove
a matter in issue <that testimony is no evidence ofan
alibi>.
no-eyewitness rule. (1956) Torts. The largely defunct
principle that if no direct evidence shows what a dead
person did to avoid an accident, the jury may infer
that the person acted with ordinary care for his or her
own safety. -In a jurisdiction where the rule persists,
a plaintiff in a survival or wrongful-death action can
assert the rule to counter a defense of contributory neg
ligence. [Cases: Death ~58(1).]
no-fault, adj. (1967) Of or relating to a claim that is
adjudicated without any determination that a party is

1147 nomen transcripticium
blameworthy <no-fault divorce>. [Cases: Divorce
12.]
no-fault auto insurance. See INSURANCE.
no-fault divorce. See DIVORCE.
no funds. An indorsement marked on a check when
there are insufficient funds in the account to cover the
check.
no-further-representation clause. A contractual provi
sion, usu. in a settlement agreement, prohibiting the
plaintiff's attorney from representing future clients
who have the same or a similar claim against the defen
dant. _ Such a clause is thought to be void as against
public policy.
"If your standard settlement papers include a clause pro
hibiting opposing counsel from representing future clients
with the same claim, you're violating ethics rules. Typically
a defendant's tool, this provision ~known as a nofurther
representation clause ~is popular in class action and mass
productliability settlements. But a littleknown ethics rule
prohibits lawyers from agreeing, or even offering to agree,
to a restriction on an attorney's right to practice law." Leslie
A. Gordon, Prohibited Provisions: NofurtherRepresentation
Clauses May Be Advantageous, but They're Also Unethical,
91 ABAJ. 18, 18 (Apr. 2005).
no goods. See NULLA BONA.
NOIBN. abbr. NOT OTHERWISE INDEXED BY NAME.
no-knock search. See SEARCH.
no-knock search warrant. See SEARCH WARRANT.
NOL. See net operating loss under LOSS.
Nolan Act. Hist. Patents. A statute, passed after World
War I, that extended the U.S. patenting deadlines for
citizens offormer enemy nations. - A similar measure,
the Boykin Act, was passed after World War II.
nolens volens (noh-Ienz voh-lenz), adv. & adj. [Latin]
(16c) Willing or unwilling <nolens volens, the school
district must comply with the court's injunction>.
no-limit order. See ORDER (8).
nolissement (nd-lis-mahn), n. [French] French law. The
chartering of a ship; AFFREIGHTMENT.
nolition (noh-lish-dn). (17c) 1he absence of volition;
unwillingness.
nolle prosequi (nahl-ee prahs-d-kwI), n. [Latin "not to
wish to prosecute"] (17c) 1. A legal notice that a lawsuit
or prosecution has been abandoned. [Cases: Pretrial
Procedure C=>511.] 2. A docket entry showing that
the plaintiff or the prosecution has abandoned the
action. -Often shortened to nolle. [Cases: Criminal
Law C=>303.5-303.35.]
"In America the term [nolle prosequi] bears the same
meaning as in England, with one exception. The attorney
general has not the same discretion with which English
law invests him. Although in some States the prosecuting
officer may enter a nolle prosequi at his discretion, in others
the leave of the court must be obtained." 17 Encyclopaedia
Britannica 546 (9th ed. 1907).
"Nolle prosequi is a formal entry on the record by the
prosecuting officer by which he declares that he will not
prosecute the case further, either as to some of the counts
of the indictment, or as to part of a divisible count, or as to some of the persons accused. or altogether. It is a
judicial determination in favor of accused and against his
conViction, but it is not an acquittal, nor is it equivalent to
a pardon." 22A c.J.S. Criminal Law  419, at 1 (1989).
nolle prosequi (nahl-ee prahs-a-kwI), vb. (1875) To
abandon (a suit or prosecution); to have (a case) dis
missed by a nolle prosequi <the state nolle prosequied
the charges against Johnson>. Often shortened to
nolle pros; nol-pros; nol-pro. [Cases: Criminal Law C=>
3


ened to
nolle pros; nol-pros; nol-pro. [Cases: Criminal Law C=>
303.5-303.35; Pretrial Procedure C=>50l.l
no-load fund. See MUTUAL FUND.
nolo contendere (noh-loh kan-ten-dd-ree). [Latin "1 do
not wish to contend"] (1829) NO CONTEST. -Often
shortened to nolo. [Cases: Criminal Law
nolo plea, See PLEA (1).
no man's land. Labor law. The lack of clear jurisdiction
between a state government and the federal govern
ment over labor disputes. -This term was common
in the 1950s, but its use has declined as later laws have
clarified jurisdictional issues.
NOM clause. abbr. NO-ORAL-MODIFICATION CLAUSE.
nomen (noh-men or -m,m), n. [Latin]l. Roman law. A
personal name. _ A Roman citizen generally had three
names: a praenomen ("first name"), a nomen ("the name
ofthe family group"), and cognomen ("a surname"). 2.
Hist. A person's first name. 3. More broadly, any name.
P!. nomina. See AGNOMEN.
nomen collectivum (noh-men kol-"k-tl-vam). [Latin] A
collective name; a name of a class of things.
nomen generale (noh-men jen-a-ray-lee). [Latinl A
general name; a genus.
nomen generalissimum (noh-men jen-a-r"-lis-i-m,,m).
[Law Latin] A name with the most general meaning.
"Nomen generalissimum. A very general name: a compre'
hensive term. Such are the terms crime, demand, draft,
estate, goods, grant, heir, house, instrument, interest, land.
merchandise, obligation, offense." William C. Anderson, A
Dictionary of Law 711 (1889).
nomen juris (noh-men joor-is). [Latin] A legal name
or designation.
nomen universitatis (noh-men yoo-ni-v"r-s,,-tay-tis).
[Latin] Hist. The name of the whole together.
'Thus the name Barony is, in our law, a nomen universitatis,
for it includes not only the lands over which the rights of
barony extend, but also the rights competent to the owner
of the barony themselves." John Trayner, Travner's Latin
Maxims 390 (4th ed. 1894).
nomen transcripticium (noh-men tran-skrip-tish
ee-am). [Latin "entry (in an account) transferred"]
Roman law. A creditor's entry of a money debt into
a new account (expensilatio) after closing another
account, thereby creating, with the debtor's permission,
a literal contract from an existing obligation, which
mayor may not have been enforceable. PI. nomina
transcripticia.
'The subject will, perhaps, become clearer by examples: ...
A has in the past had dealings by way of sale, exchange,
etc., with B, of which an account appears in his codex
showing a balance against B for 500 aurei. A, with B's

1148 no-merit brief
consent, closes this account by a statement on the opposite
page (contrary to fact) that B has paid the aurei ... and
opens a new account with the statement (contrary to strict
fact) that he has advanced to B the sum of 500 aurei. Hence
the expensi!atio represents a nomen transcripticium; a
nomen (debt) has been transferred from one account to
another .... In effect the old contracts between A and B
have been novated, i.e. extinguished, one single obligation
having been substituted in their place; obViously a course
which offered many advantages to both parties, as it sim
plified the accounts, and saved disputes about the previous
transactions." R.W. Leage, Roman Private Law 317-18 (CH.
Zieglered., 2d ed. 1930).
no-merit brief. See Anders brief under BR I EF.
nomina debitorum (nahm-;:l-n;:l deb-i-tor-;:lm). [Latin
"entries (in a ledger) ofnames of debtors"] Roman law.
Records of debt See NOMEN TRANSCRIPTICIUM.
nominal (nahm-<l-n<ll), adj, (l7c) 1. Existing in name only
<he was the nominal leader but had no real authority>.
2. (Of a price or amount) trifling, esp, as compared to
what would be expected <the lamp sold for a nominal
price of ten cents>. 3. Of or relating to a name or term
<a nominal definition>, nominally, adv,
nominal account. See ACCOUNT.
nominal asset. See ASSET,
nominal capital. See CAPITAL.
nominal consideration. See CONSIDERATION (1).
nominal damages. See DAMAGES,
nominal defendant. See nominal party under PARTY
(2).
nominal director. See dummy director under DIRECTOR.
nominal partner. See PARTNER.
nominal party. See PARTY (2).
nominal-payee rule. Commercial law. The rule that vali
dates any person's indorsement of an instrument (such
as a check) when the instrument's drawer intended for
the payee to have no interest in the instrument. UCC
 3-404(b). [Cases: Banks and Banking 147, 174;
Bills and Notes 182,279.]
nominal plaintiff. See nominal party under PARTY (2).
nominal rate. See INTEREST RATE.
nominal sentence. See SENTENCE.
nominal trust. See passive trust under TRUST.
nominal value. See PAR VALUE.
nominal yield. See coupon yield under YIELD.
nominandus (nahm-;l-nan-d;:ls). [Latin] Scots law. To be
named. eThe phrase usu. referred to an heir whom the
entailer had the right to name ifthat right was reserved
in the deed of entail. See ENTAIL.
nominate (nom-;l-n;:lt), adj. Civil law. Classified; having
a special name or designation. See nominate contract
under CONTRACT.
nominate, vb. (16c) 1. To propose (a person) for election
or appointment <Steven nominated Jane for president>.
[Cases: Elections 122-147; Officers and Public
Employees ~~8.] 2. To name or deSignate (a person) for a position <the testator nominated an executor, who
later withdrew because he couldn't perform his duties>.
[Cases: Executors and Administrators 17(7).]
nominate action. See ACTION (4).
nominate contract. See CONTRACT.
nominatim (nah-mi-nay-tam), adv. [fro Latin nomen
"name"] Roman law. By name . This term refers to
mentioning someone or something expressly by name
or by specific description, so that (for example) to dis
inherit persons nominatim means that there is no doubt
who is meant to be excluded.
nominating and reducing. Hist. A method used, esp. in
London, to obtain special jurors from which to select a
jury panel.  Under this method, a number represent
ing each person on a sheriff's list is drawn from a box
until 48 unchallenged people have been nominated.
Each party then strikes 12 people and the remaining
24 constitute the panel.
nominating committee. See COMMITTEE.
nominatio auctoris (nah-mi-nay-shee-oh awk-tor-is).
[Latin "naming of the originator (or seller),,] 1. In an
action for the recovery ofsomething, such as real estate,
the defendant's plea that the property is actually owned
by another party . 'Ihe true owner is then required to
defend the action. 2. Roman law. In an action alleging
ownership of an item, the defendant's plea naming
the seller, who then must assist in the defense of the
action against the plaintiff. Also termed laudare
auctorem.
nomination.(ISc) 1. The act of proposing a person for
election or appointment. [Cases: Elections (;:=> 122
140.J 2. The act of naming or designating a person for
an office, membership, award, or like title or status. e
Under parliamentary law, each nomination is effec
tively a proposal for filling the blank in the question,
"Resolved, That ---is elected." See BLANK (2). See
CLOSE NOMINATIONS; OPEN NOMINATIONS.
nomination paper. (usu. pl.) A document filed by an
independent political group -usu. one not qualifying
as a politicaJ party or able to hold primary elections
to place one or more nominees on a general-election
ballot. [Cases: Elections
nomination to a living. Eccles. law. The right of an
advowson owner to present a clerk to the bishop for
induction to a benefice. e lhe owner ofan advowson
can grant the right to another but is then bound to
present whomever the grantee chooses.
nominativus pendens (nahm-d-n;:l-tI-V;:lS pen-denz), n.
[Latin "nominative hanging"] In a sentence, a nomina
tive phrase that is not grammatically connected with
the rest of the sentence. Also termed nominative
absolute.
"Nominativus pendens .... The opening words in the form
of a deed inter partes ('This deed,' etc., down to 'whereas'),
though an intelligible and convenient part of the deed,
having regard to the predicate 'witnesseth' or 'nor this
deed witnesseth: are sometimes of this kind." William A.
Jowitt, The Dictionary of English Law 1230 (1959).

nomina villarum (nahm-.:>-n.:> vi-Iair-.:>m), n. [Latin ! nomographer (n<l-mog-rd-f';}r). (17c) l. A person who
"names of the villages"] Hist. In the reign of Edward
II, a list compiled by sheriffs of the names ofthe villages
and possessors in their respective counties.
nomine (nahm-.:>-nee), adv. [fro Latin nomen "name"]
Roman law. 1. By name; under the name of, as in sine
nomine edere librum ("to publish [a book] anony
mously"). 2. On behalf of, as in proprio (mo) nomine
("on one's own behalf").
nomine albae firmae (nahm-d-nee ai-bee fOlr-mee), adv.
[Law Latin] Scots law. In name of blench farm . The
phrase appeared in reference to one of the tenures by
which lands were held for only a nominal sum (such as
a penny) from the superior.
nomine damni (nahm-d-nee dam-nIl, adv. [Latin] Scots
law. By way ofdamage. A person was requi red to pay
interest nomine damni.
nomine dotis (nahm-<l-nee doh-tis), adv. [Latin] Scots
law. By way ofdowry.
nominee (nom-i-nee), n. (17c) 1. A person who is
proposed for an office, membership, award, or like
title or status. An individual seeking nomination,
election, or appointment is a candidate. A candidate
for election becomes a nominee after being formally
nominated. See CANDIDATE. 2. A person designated
to act in place of another, usu. in a very limited way.
3. A party who holds bare legal title for the benefit of
others or who receives and distributes funds for the
benefit of others.
nominee account. See ACCOUNT.
nominee trust. See TRUST.
nomine feudifirmae (nahm-<l-nee fyoo-di-br-mee).
[Law Latin] Scots law. In name offeu-farm; on account
oflands held in feu. See FEU.
nomine poenae (nahm-<l-nee pee-nee), n. [Latin "in the
name ofpenalty"]l. Civil law. A clause in a testament
requiring the heir to do something by way ofpenalty. 2.
At common law, a penalty for nonperformance, such as
additional rent to be paid by a tenant to a landlord for
failing to perform certain conditions in a lease.
nominis receptio (nahm-<l-nis ri-sep-shee-oh). [Latin]
Roman law. A presiding judge's registering of an
accused person's name in the rolls ofa criminal court.
 This registration was essential for the case to be tried.
The day fixed for a criminal trial was ordinarily ten
days after the nominis receptio.
nomocanon (n<l-mok-<)-non or noh-md-kan-<ln). (1908)
1. A collection ofcanon and imperial laws applicable to
ecclesiastical matters in the orthodox churches . The
first nomocanon is falsely ascribed to Johannes Scholas
ticus, patriarch ofConstantinople, in 553. Later canons
consist primarily of the canons of the Quinisext and
the ecclesiastical laws ofJustinian. 2. A collection ofthe
ancient canons of the apostles, councils, and fathers,
without regard to imperial constitutions.
nomogenetics. See COMPARATIVE NOMOGENETICS. drafts laws. 2. A person skilled in nomography.
nomography (n<)-mog-r<)-fee). (1832) 1. The art of
drafting laws. 2. A treatise on the drafting of laws.
nomoscopy. See COMPARATIVE NOMOSCOPY.
nomothete (noh-m<l-theet), 11. [fro Greek nomos "law" +
thetes "a person who prescribes"] Hist. A lawgiver.
Also spelled nomotheta.
"It was [in ancient Greek law] provided that all motions to
repeal or amend an existing law should be brought before
the ecclesia or general meeting of citizens, at the beginning
of the year. They might be then and there rejected; but if
a motion was received favorably, the ecclesia appointed a
body of nomothetes,


They might be then and there rejected; but if
a motion was received favorably, the ecclesia appointed a
body of nomothetes, sometimes as many as a thousand in
number, before whom the proposal was put on trial accord
ing to the regular forms of Athenian judicial procedure. A
majority vote of the nomothetes was decisive for accep
tance or rejection." 5 Century Dictionary and Cyclopedia
4011 (1895).
nomothetics. See COMPARATIVE NOMOTHETICS.
non (non). [Latin] (l4c) Not; no. This term negates,
sometimes as a separate word and sometimes as a
prefix.
nonability. (17c) 1. The lack oflegal capacity, esp. to sue
on one's own behalf. 2. A plea or exception raising a
lack oflegal capacity.
nonacceptance. (17c) 1. The refusal or rejection ofsome
thing, such as a contract offer; REJECTION (1). 2. A
buyer's rejection ofgoods because they fail to conform
to contractual specifications. See UCC  2-601(a).
[Cases: Sales (;:::; 119, 179(6).] 3. A drawee's failure or
refusal to receive and pay a negotiable instrument.
[Cases: Bills and Notes C:::>24.J
non acceptavit (non ak-sep-tay-vit). [Latin "he did not
accept"] In an assumpsit action against the acceptor of
a bill ofexchange, the defendant's plea denying accep
tance ofthe bilL
nonaccess. Family law. (17c) Absence of opportunity
for sexual intercourse . Nonaccess is often used as
a defense by the alleged father in paternity cases. Cf.
multiple access under ACCESS. [Cases: Children Out
of-Wedlock (;:::;43,46,50,53.]
non accrevit infra sex annos (non <l-kree-vit in-fr<l seks
an-ohs), n. [Latin "it did not accrue in six years"] Hist.
The general pleading form for the statute-of-limitations
defense .
nonacquiescence (non-ak-wee-eS-dnts). Administrative
law. An agency's policy of declining to be bound by
lower-court precedent that is contrary to the agency's
interpretation of its organic statute, but only until the
Supreme Court has ruled on the issue.
"Too much nonacquiescence, however, would interfere with
the courts' ability to prevent an agency from violating its
statutory mandate. The practice is generally upheld, but
is considered questionable when an agency adheres to its
legal pOSition in a case that could only be reviewed in a
circuit that has already rejected the agency's stance. When
the Social Security Administration made frequent use of the
latter kind of nonacquiescence in the administration of its
disability benefits program in the 1980's, it was widely erit

1150 nonactuarially sound retirement system
icized." Ernest Gellhorn & Ronald M. Levin, Administrative
Law and Process in a Nutshell 98 n.2 (4th ed. 1997).
nonactuarially sound retirement system. A retirement
plan that uses current contributions and assets to pay
current benefit obligations, instead ofinvesting contri
butions to pay future benefits. Cf. ACTUARIALLY SOUND
RETIREMENT SYSTEM.
nonadmission. (16c) 1. The failure to acknowledge
something. 2. The refusal to allow something, such as
evidence in a legal proceeding.
nonadmitted asset. See ASSET.
nonae et decimae (noh-nee et des-a-mee), n. pl. [Law
Latin "ninths and tenths"] Hist. Two payments that
church-farm tenants make to the church. the first being
rent for the land and the second being a tithe.
nonage (non-ij). 1. MINORITY (1). 2. NONAGIUM.
nonaggression pact. Int'/law. A treaty in which two
or more countries agree not to engage in aggressive
military operations against one another. Also termed
nonaggression treaty.
nonagium (noh-nay-jee-dm). [Latin "a ninth"] Hist. The
ninth part ofa decedent's personal property, sometimes
payable to the parish clergy for pious uses. Also
termed nonage.
nonaligned state. Int'llaw. A (usu. less developed)
country that has banded together with other similarly
situated countries to enhance its political and economic
position in the world . The movement of nonaligned
states formally began at a summit in 1961, and during
the Cold War these countries declared their indepen
dence from both the western and the Soviet blocs.
nonancestral estate. See ESTATE (1).
nonancestral property. See nonancestral estate under
ESTATE (1).
nonapparent easement. See discontinuous easement
under EASEMENT.
nonapparent servitude. See SERVITUDE (2).
nonappearance. (ISc) The failure to appear in court,
esp. to prosecute or defend a lawsuit. See DEFAULT;
NONSUIT.
nonapportionment rule. Oil & gas. The majority
doctrine that royalties accrued under a mineral lease
on land that is later subdivided during the lease term
are not shared by the owners of the subdivisions, but
belong exclusively to the owner of the land where
the producing well is located. For example. if Grey
granted a lease to Wainwright, then sold one-half of
the land to Svenson, and a well on Wainwright's half
began producing minerals, only Wainwright would
be entitled to the royalty. Cf. APPORTIONMENT RULE.
[Cases: Mines and Minerals C=>79.1(3).]
nonart rejection. See formal rejection under REJEC
TION.
nonassertion letter. Patents. A patentee's written dec
laration that the holder does not intend to enforce the
right to exclude others from practicing specified claims of a patent.  The patentee may choose to waive the
right entirely or specify a time limit for the waiver.
[Cases: Patents <:::='82.J
nonassertive conduct. See CONDUCT.
nonassessable insurance. See INSURANCE.
nonassessable stock. See STOCK.
non assumpsit (non d-sam[p]-sit). [Latin "he did not
undertake"] Hist. A general denial in an action of
assumpsit. See ASSUMPSIT. [Cases: Assumpsit, Action
ofC=20.]
'Non assumpsit' is the general issue in assumpsit, whether
special or general, and is in effect a formal denial of liabil
ity on the promise or contract alleged. It denies not only
the inducement or statement of the plaintiff's right, but
also the breach, and allows any defense tending to show
that there was no debt or cause of action at the time of
commencing suit." Benjamin J. Shipman, Handbook of
CommonLaw Pleading  182, at 322 (Henry Winthrop Bal
lantine ed., 3d ed. 1923).
non assumpsit infra sex annos (non ;:l-sam[p]-sit in-frd
seks an-ohs), n. [Latin "he did not undertake within
six years"J Hist. The specific pleading form for the
statute-of-limitations defense in an action ofassump
sit.
nonbailable, adj. (1811) 1. (Of a person) not entitled to
bail <the defendant was nonbailable because ofa charge
offirst-degree murder>. [Cases: Bail G=>43.] 2. (Of an
offense) not admitting of bail <murder is a nonbail
able offense>.
nonbank, adj. Of, relating to, or being an entity other
than a bank <a nonbank depositor> <a nonbank
creditor>.
nonbank bank. See BANK.
nonbank financial institution. See MONEY SERVICE
BUSINESS.
nonbillable time. (1947) An attorney's or paralegal's
time that is not chargeable to a client. Cf. BILLABLE
TIME.
nonbinding minitrial. See summary jury trial under
TRIAL
nonbinding summary jury trial. See summary jury trial
under TRIAL
non bis idem. See NON BIS IN iDEM.
non bis in idem (non bis in I-dem). [Latin] Scots law. Not
twice for the same thing . The phrase usu. referred to
the law forbidding more than one trial for the same
offense. It essentially refers to the double-jeopardy
bar. -Also termed non bis idem; non bis in eodem.
See DOUBLE JEOPARDY.
noncallable bond. See noncallable security under
SECURITY.
noncallable security. See SECURITY.
noncancelability dause. An insurance-policy provision
that prevents the insurer from canceling the policy after
an insured's loss, as long as the premium has been paid.
[Cases: Insurance C=>1916, 1920.]

1151
noncapital, adj. (1865) (Of a crime) not involving or
deserving of the death penalty <noncapital murder>.
noncareer vice-consul. See VICE-CONSUL.
noncash charge. See CHARGE.
non cepit (non see-pit). [Latin "he did not take"] Hist, A
general denial in a replevin action that puts at issue both
the taking and the place oftaking, Also termed non
cepit modo et forma. See REPLEVIN. [Cases: Replevin
C=63,69,]
"'Non cepit' is the general issue in replevin, and is a formal
denial both of the fact and the place of the alleged taking.
It denies the taking only, and not the plaintiff's right of
possession. Where replevin may be and is brought for
goods lawfully obtained, but unlawfully detained, the
general issue is 'non detinet,' which is a denial ofthe deten
tion. It denies the detention only, and not the plaintiff's
right." Benjamin 1-Shipman, Handbook of Common-Law
Pleading  178, at 318 (Henry Winthrop Ballantine ed., 3d
ed. 1923).
noncircumvention agreement. A contractual provision
or separate contract containing mutual promises to use
confidential information only for certain purposes and
only while the contract is in force. Also termed non
circumvent agreement.
noncitable, adj. Not authorized by a court to be used as
legal precedent. _ In general, unpublished opinions are
non citable, although court rules vary. -Also termed
uncitable. Cf. CITABLE.
noncitizen. (1850) A person who is not a citizen of a par
ticular place. See ALIEN. [Cases: Aliens, Immigration,
and Citizenship C=652.j
nondaim. (ISc) A person's failure to pursue a right
within the legal time limit, resulting in that person's
being barred from asserting the right. See STATUTE OF
LIMITAnONS.
nonclaim statute. See STATUTE.
nonclergyable, adj. 1. Hist. (Of an offense) punishable
without benefit of clergy. -At one time, an offender
who qualified for benefit of clergy could escape trial
in the secular courts regardless of the crime. The
benefit was applied so broadly by the end of the 16th
century that Parliament declared certain crimes, such
as murder, robbery, arson, and piracy, nonclergyable.
Over time, more crimes and misdemeanors were added
to the list until the benefit was finally abolished in the
19th century. 2. Archaic. (Of a person) not eligible to
claim benefit of clergy. See BENEFIT OF CLERGY (1).
noncode state. Hist. A state that, at a given time, had not
procedurally merged law and equity, so that equity was
still administered as a separate system. -The term was
current primarily in the early to mid-20th century.
Also termed common-law state. Cf. CODE STATE.
noncombatant, adj. (1826) 1. Not serving in a fighting
capacity <noncombatant personnel>. 2. Not designed
for combat <noncombatant vehicle>.
noncombatant, n. (1811) 1. An armed-service member
who serves in a non-fighting capacity. 2. A civilian in
wartime. nonconstitutional
noncommercial partnership. See nontrading partner
ship under PARTNERSHIP.
noncommercial use. See USE (I).
noncommissioned officer. See OFFICER (2).
noncompete covenant. See noncompetition covenant
under COVENANT (1).
noncompetition agreement. See noncompetition
covenant under COVENANT (1).
noncompetition covenant. See COVENANT (1).
non compos mentis (non kom-p<ls men-tis), adj. [Latin
"not master ofone's mind"] (17c) 1. Insane. 2. Incom
petent. Cf. COMPOS MENTIS. [Cases: Mental Health
3.1.]
non concessit (non k;m-ses-it), n. [Law Latin "he did not
grant") Hist. 1. English law. The plea by which the defen
dant denies that certain rights were given by letters
patent to the plaintiff. -For example, ifa plaintiff sues
for the infringement of a patent right, the defendant
can deny that the Crown granted the plaintiff that right
as alleged in the plaintiff's declaration. 2. A plea by a
stranger to a deed, by which the title and operation of
the deed are placed in issue.
nonconforming goods. See GOODS.
nonconforming lot. See LOT (1).
nonconforming use. See USE (1).
nonconformist. (17c) A person who refuses to follow
established customs, practices, beliefs, or ideas; esp.,
an English Protestant who refuses to adhere to the
Church of England.
nonconformity. (


; esp.,
an English Protestant who refuses to adhere to the
Church of England.
nonconformity. (17c) The failure to comply with some
thing, as in a contract specification.
nonconsensual, adj. (1920) Not occurring by mutual
consent <nonconsensual sexual relations>. [Cases:
i Rape
nonconsent. (1844) 1. Lack of voluntary agreement. 2.
. Criminal law. In the law of rape, the refusal to engage
i willingly in sexual intercourse. See CONSENT. [Cases:
, RapeC=8.J
I non constat (non kon-stat). [Latin "it is not settled"] It is
not certain or agreed. -'lbe phrase is generally used to
state that some conclusion does not necessarily follow
although it might appear on its face to follow. C[ NON
SEQUITUR.
"Non Constat .... Words frequently used, particularly in
argument, to express dissatisfaction with the conclusions
of the other party: as, it was moved in arrest ofjudgment
that the declaration was not good, because non constat
whether AS was seventeen years of age when the action
was commenced." 3John Bouvier, Bouvier's Law Dictionary
2355 (8th ed. 1914).
nonconstitutional, adj. (1879) Of or relating to some
legal basis or principle other than those of the u.s. Con
stitution or a state constitution <the appellate court
refused on nonconstitutional procedural grounds
to hear the defendant's argument about cruel and
unusual punishment>. Cf. UNCONSTITUTIONAL

nonconsumable, n. (1902) A thing (such as land, a
vehicle, or a share of stock) that can be enjoyed without
any change to its substance other than a natural dimi
nution over time; NONFUNGIBLE. Cf. CONSUMABLE.
nonconsumable, adj.
noncontestability clause. See INCONTESTABILITY
CLAUSE.
noncontest clause. See NO-CONTEST CLAUSE.
noncontinuing guaranty. See limited guaranty under
GUARANTY.
noncontinuous easement. See discontinuous easement
under EASEMENT.
noncontract, adj. See NONCONTRACTUAL.
noncontract demurrage. See DEMURRAGE.
noncontractual, adj. (1883) Not relating to or arising
from a contract <a noncontractual obligation>. Also
termed noncontract.
noncontractual duty. See DUTY (1).
noncontribution clause. A fire-insurance-policy pro
vision stating that only the interests of the property
owner and the first mortgagee are protected under the
policy. [Cases: Insurance (:::::>3449.]
noncontributory, adj. (1907) 1. Not involved in some
thing. 2. (Of an employee benefit plan) funded
by the employer. [Cases: Labor and Employment
419.]
noncontributory pension plan. See PENSION PLAN.
noncore proceeding. See RELATED PROCEEDING.
noncovered wages. See WAGE.
non culpabilis (non bl-pay-ba-Ias). [Latin] Not guilty.
Abbr. non cui.
noncumulative approach. See DUALITY OF ART.
noncumulative dividend. See DIVIDEND.
noncumulative preferred stock. See STOCK.
noncumulative stock. See noncumulative preferred stock
under STOCK.
noncumulative voting. See VOTe'G.
noncustodial, adj. 1. (1960) (Of an interrogation, etc.)
not taking place while a person is in custody. 2. Of or
relating to someone, esp. a parent, who does not have
sole or primary custody.
noncustodial interrogation. See INTERROGATION.
noncustodial parent. See PARE"'T.
uoncustodial sentence. See SENTENCE.
non damnificatus (non dam-na-fa-kay-tas). [Latin "he
is not damaged"] In an action of debt on a bond that
holds the plaintiff harmless, the defendant's plea that
the plaintiff has not been damaged.
nondeadly force. See FORCE.
nondeadlyweapon. See LESS-LETHAL.
non debit. See NEVER INDEBTED, PLEA OF. non decimando (non des-a-man-doh). See DE NON DECI
MANDO.
non dedit (non dee-dit), n. [Latin "he did not grant"]
NE DONA PAS.
non deficitjus sed probatio (non def-a-sit jast sed proh
bay-shee-oh). [Latin] Scots law. 'Ihe right is not lacking,
but the proof ofit. _ The phrase appeared in reference
to the principle that many rights, both disputed and
sometimes undisputed, require a special mode of proot~
such as a written document.
nondelegable (non-del-a-ga-bal), adj. (1902) (Of a power,
function, etc.) not capable of being entrusted to anoth
er's care <the duty to maintain the premises is a non
delegable duty>.
nondelegable duty. See DtJTY (1).
nondelegation doctrine. See DELEGATION DOCTRINE.
nondelivery. (18c) A failure to transfer or convey some
thing, such as goods. Cf. DELIVERY.
non demiset (non da-mI-zit). [Latin "he did not demise"]
Hist. 1. A defensive plea in an action for rent when the
plaintiff failed to plead that the demise was by inden
ture. _ It could not be used if the plaintiff alleged an
indenture. 2. In a replevin action, a plea in bar to an
avowry for arrears of rent.
nondepository provider of financial services. See
MONEY SERVICE BUSINESS.
non detinet (non det-i-net or det-a-nat). [Latin "he does
not detain"] Hist. 1. The pleading form of a general
denial in a detinue action for recovery of goods
detained by the defendant. - A non detinet denies both
the detention and the plaintiff's right of possession or
property in the goods claimed. See DETINUE. [Cases:
Detinue C=:> 17.]2. Loosely, NON CEPIT.
nondirection. (18c) The failure of a judge to properly
instruct a jury on a necessary point oflaw.
nondischargeable debt. See DEBT.
nondisclosure. (1908) 1. The failure or refusal to reveal
something that either might be or is required to be
revealed. Cf. CONCEALMENT. [Cases: Fraud 16.] 2.
NONDISCLOSURE AGREEMENT.
nondisclosure agreement. Trade secrets. A contract or
contractual provision containing a person's promise
not to disclose any information shared by or discov
ered from a trade-secret holder, including all informa
tion about trade secrets, procedures, or other internal
or proprietary matters. _ Employees and some non
employees, such as beta-testers and contractors, are
frequently required to sign nondisclosure agree
ments. Often shortened to nondisclosure. Abbr.
NDA. Also termed confidentiality agreement.
Contracts 0:::' 118.]
nondisclosure clause. See confidentiality clause under
CLAUSE.
nondiscretionary trust. Seefixed trust under TRUST.
nondisparagement clause. See CLAUSE.

1153 nonfunded deferred-compensation plan
non distringendo (non di-strin-jen-doh). [Law Latin
"not to be distrained"] A writ to prevent the distraint
ofsomething.
nondiverse. adj. (1947) 1. Ofor relating to similar types
<the attorney's practice is nondiverse: she handles only
criminal matters>. 2. (Of a person or entity) having the
same citizenship as the party or parties on the other
side of a lawsuit <the parties are nondiverse because
both plaintiff and defendant are California citizens>.
See diversity jurisdiction under JURISDICTION. [Cases:
Federal Courts C='286.1.]
nonelected claim. See PATENT CLAIM.
nonenablement. Patents. In a patent application's spec
ification, the quality of not being clear or complete
enough to teach a of ordinary person skill in the art
how to make and use the invention without undue
experimentation. -Also termed lack ofenablement.
[Cases: Patents C='99.]
nonenablement rejection. See REJECTION.
non entia (non en-shee-d). [Law Latin] Hist. Nonentities;
things not existing.
Nones (nohnz), n. [fro Latin nonus "ninth"]!. Roman
law. In the Roman calendar, the ninth day before the
Ides, being the 7th of March, May, July, and October,
and the 5th of the other months. 2. Eccles. law. In the
Roman Catholic church, one ofthe seven daily canoni
cal hours (about 3:00 p.m.) for prayer and devotion. 3.
Archaic. The ninth hour after sunrise, usu. about 3:00
p.m. Cf. CALENDS; IDES.
nonessential mistake. See unessential mistake under
MISTAKE.
nonessential term. See nonfundamental term under
TERM (2).
non est. See NON EST INVENTUS.
non est factum (non est fak-tam). [Latin "it is not his
deed"] Hist. A denial ofthe execution ofan instrument
sued on. [Cases: Bills and Notes C-=>47S.]
"The general issue in covenant is 'non est factum,' which
is a formal denial that the deed is the deed of the defen
dant." Benjamin J. Shipman, Handbook of Common-Law
Pleading  187, at 331 (Henry Winthrop Ballantine ed., 3d
ed. 1923).
general non est factum. Hist. A broad, nonspecific
denial that an instrument was executed or executed
properly. [Cases: Bills and Notes
particular non est factum. See special non est factum,
special non estfactum. Hist. A pleading that speci
fies the grounds on which an instrument's execution
is invalid or nonbinding. -Also termed particular
non est factum.
verified non est factum. Hist. A sworn denial that puts
the validity ofthe instrument as well as the signature
in question. [Cases: Bills and Notes C=>47S; Pleading
(~~)291(2).1
non est inventus (non est in-ven-tds). [Latin "he is not
found"] Hist. A statement in a sheriff's return indicat
ing that the person ordered arrested could not be found in the sheriff's jurisdiction. -Sometimes shorted to
non est. -Abbr. n.d.
"If non est invenruswas returned to the bill, and the plaintiff
had reason to think that the defendant was stillm the same
county, he might have another bill, and after that a third,
and so on till the defendant was caught ... _" 1 George
Crompton, Practice Common-Placed: Rules and Cases of
Practice in the Courts of King's Bench and Common Pleas
xxxv (3d ed. 1787).
non-Euclidean zoning. See ZONING.
nonexclusive easement. See common easement under
EASEMENT.
nonexclusive license. See LICENSE.
nonexclusive listing. See open listing under LISTING
(1).
nonexecntive right. Oil &-gas. A mineral interest that
does not confer the right to lease. _ Nonexclusive rights
include royalty interests and nonexecutive mineral
interests. [Cases: Mines and Minerals C='55(4).]
nonexempt property. A debtor's holdings and posses
sions that a creditor can attach to satisfy a debt. Cf.
EXEMPT PROPERTY (1).
nonfeasance (non-feez-ants), n. (l6c) The failure to act
when a duty to act existed. Cf. MALFEASANCE; MISFEA
SANCE; FEASANCE. [Cases: Municipal Corporations
735; Negligence C='200.]- nonfeasant, adj. -non
feasor, n.
"Hence there arose very early a difference, still deeply
rooted in the law of negligence, between 'misfeasance'
and 'nonfeasance' -that is to say, between active miscon
duct working positive injury to others and passive inaction
or a failure to take steps to protect them from harm." W.
Page Keeton et aI., The Law of Torts  56, at 374 (5th ed.
1984).
non fecit (non fee-sit). [Latin "he did not make it"] A
denial in an assumpsit action on a promissory note.
non fecit vastum contra prohibitionem (non fee-sit
vas-t<'lm kahn-tn} proh-[h],,-bish-ee-oh-nam). [Latin
"he did not commit waste against the prohibition"] In
an estrepement action, a tenant's denial ofany destruc
tion to lands after an adverse judgment but before the
sheriff has delivered possession of the lands to the
plaintiff. See ESTREPEMENT.
nonfeIonious homicide, See HOMICIDE.
nonfiler. Tax. See illegal tax protester under TAX PRO
TESTER.
nonforfeitable, adj. (1871) Not subject to forfeiture. See
FORFEITURE. [Cases: Controlled Substances C=,164;
Forfeitures C='3.]
nonforfeiture optiou. See OPTION.
nonfreehold estate. See ESTATE (1).
nonfunctional, n. Trademarks. A feature ofa good that,
although it might identify or distinguish the good from
others, is unrelated to the product's use. [Cases: Trade
marks C=;1064, 1065(3).]
nonfunded deferred-compensation plan. See non
qualified deferred-compensation plan under EMPLOYEE
BENEFIT PLAN.

1154 nonfundamental term
nonfundamental term. See TER


YEE
BENEFIT PLAN.

1154 nonfundamental term
nonfundamental term. See TERM (2).
nonfungible (non-f.nl-ja-bal), adj. Not commercially
interchangeable with other property of the same kind
<a piece ofland is regarded as non fungible>. -non
fungible, n.
nongermane amendment. See AMENDMENT (3).
nongovernmental organization. Int'llaw. Any scientific,
professional, business, or public-interest organization
that is neither affiliated with nor under the direction
of a government; an international organization that
is not the creation of an agreement among countries,
but rather is composed of private individuals or orga
nizations. -Examples of nongovernmental organiza
tions, which are often granted consultative status with
the United Nations, include Amnesty International,
Greenpeace, and the International Committee of the
Red Cross. Abbr. NGO. Also termed private vol
untaryorganization.
nongrantor-owner trust. See TRUST (3).
non impedivit (non im-pa-dI-vit), n. [Latin "he did not
impede"] The defendant's general denial in a quare
impedit action. This is the Latin form equivalent to ne
disturba pas. See NE DISTURBA PAS; QUARE IMPEDIT.
non implacitando aliquem de libero tenemento sine
brevi (non im-plas-,Han-doh al-a-kwem dee lib-ar-oh
ten-d-men-toh sl-nee bree-vI) [Latin "not impleading
anyone of his free tenement without a breve"] Hist.
A writ that, without a writ from the king, prohib
ited bailiffs or others from distraining anyone from
touching their freehold estates.
noninfamous crime. See CRIME.
non infregit conventionem (non in-free-jit kan-ven
shee-oh-nam). [Latin "he committed no breach of
covenant"] Hist. A defensive plea in an action for
breach of covenant.
noninstallment credit. See CREDIT (4).
noninsurable risk. See RISK.
nonintercourse. 1. The refusal of one country to deal
commercially with another . For example, the Non
Intercourse Act of1809, a congreSSional act, prohibited
the importation ofBritish or French goods. 2. The lack
ofaccess, communication, or sexual relations between
husband and wife. Cf. NONACCESS.
nonintercourse act. Int'llaw. A statute that suspends
commercial or other relations between nations. [Cases:
War and National Emergency C=;> 15.]
non-interest-bearing bond. See discount bond under
BOND (3).
non interfui (non in-t<lr-fyoo-I). [Latin "I was not
present"] A reporter's note.
noninterpretivism, n. (1978) In constitutional interpre
tation, the doctrine holding that judges are not confined
to the Constitution's text or preratification history but
may instead look to evolving social norms and values
as the basis for constitutional judgments. Cf. INTERPRE
TIVISM; ORIGINALISM. noninterpretivist, n. nonintervention. (1831) Int'llaw. The principle that
a countrv should not interfere in the internal affairs
of anoth~r country. The UN. Charter binds it from
intervening "in matters which are essentially within the
domestic jurisdiction of any state ...." V.N. Charter
art. 2(7). -Also termed principle ofnonintervention.
nonintervention executor. See independent executor
under EXECUTOR.
nonintervention will. See WILL.
non intromittendo, quando breve praecipe in capite
subdole impetratur (non in-troh-mi-ten-doh,
kwon-doh bree-vee pree-sa-pee [or pres-a-pee] in kap
a-tee sab-da-lee im-pa-tray-tar), n. [Latin "not interfer
when the writ praecipe in capite was obtained by
deceit"] Hist. A writ issued to the King's Bench or Eyre,
commanding them not to aid a person who obtained a
praecipe in capite for lands from the king because that
person likely obtained the writ deceitfully, and ordering
them to put that person to the writ of right.
nonintromittent clause (non-in-troh-mit-ant). English
law. A clause in the charter of a borough exempting
it from the jurisdiction of the justices of the peace
appointed for the borough's county.
nonissuable plea. See PLEA (3).
nonjoinder. (1823) 1. The failure to bring a person who
is a necessary party into a lawsuit. Fed. R. Civ. P. 12(b)
(7),19. See JOINDER. Cf. MISJOINDER (1); DISJOINDER (1).
Federal Civil Procedure C=;>384; PartiesC=;>77,
8L] 2. Patents. Failure to name a coinventor in a patent
application.
nonjudicial day. See DAY.
nonjudicial foreclosure. See FORECLOSURE.
nonjudicial oath. See OATH.
nonjudicial punishment. See PUNISHMENT.
nonjuridical (non-juu-rid-i-kal), adj. (1853) 1. Not ofor
relating to judicial proceedings or to the administra
tion ofjustice <the dispute was nonjuridicab. 2. Not
ofor relating to the law; not legal <a natural person is
a nonjuridical entity>. Cf. JURIDICAL.
non juridicus (non juu-rid-i-bs), adj. [Latin "not
judicial"] Ofor relating to a day when courts do not sit
or when legal proceedings cannot be conducted, such
as a Sunday.
nonjuror. (I7c) 1. Someone who is not serving as a juror.
2. Hist. A person who refused to pledge allegiance to
the sovereign; specif., in England and Scotland, a cler
gyman who, after 1688, refused to break the oath to
James II and his heirs and successors, and to recognize
William ofOrange as king . In Scotland, a nonjuror
was also recognized by the Presbyterian Church as
a clergyman who refused to renounce the Episcopal
Church when it was disestablished in 1690 in favor of
Presbyterianism.
nonjury, adj. Ofor relating to a matter determined by a
judicial officer, such as a judge, rather than a jury <the

1155 nonobviousness
plaintiff asked for a nonjury trial>. [Cases: Federal Civil
Procedure Trial (>367.]
nonjurytrial. See bench trial under TRIAL.
nonjusticiable (non-j<ls-tish-ee-<l-b<ll or non-j<ls-tish-d
bdl), adj. (19l5) Not proper for judicial determination
<the controversy was nonjusticiable because none of
the parties had suffered any harm>. [Cases: Action
6; Federal Courts (:::::? 12.1.]
nonjusticiable question. See POLITICAL QUESTION.
nonlapse statute. See ANTILAPSE STATUTE.
nonlawyer. A person who is not a lawyer.
nonlethal weapon. See LESS-LETHAL.
nonleviable (non-lev-ee-J-bJI), adj. (1860) (Ofproperty
or assets) exempt from execution, seizure, forfeiture, or
sale, as in bankruptcy. See HOMESTEAD LAW. [Cases;
Exemptions Homestead (:::::? 1.]
non liquet (non h-kwet or li-kwet). [Latin "it is not
clear"]!. Civil law. The principle that a decision-maker
may decline to decide a dispute on the ground that the
matter is unclear.  Even British judges formerly some
times said Non liquet and found for the defendant. 2.
Int'l law. A tribunal's nondecision resulting from the
unclarity of the law applicable to the dispute at hand.
 In modern usage, the phrase appears almost always
in passages stating what a court must not do: tribunals
are routinely disallowed from declaring a non liquet.
Abbr. n.l.
nonliquidating distribution. See DISTRIBUTION.
nonliteral infringement. See DOCTRINE OF EQUIVA
LENTS.
nonmailable, adj. Ofor relating to a letter or parcel that
cannot be transported by mail for a particular reason
such as the package's size, contents, or obscene label.
[Cases; Postal Service
nonmarital child. See illegitimate child under CHILD.
nonmarketable security. See SECURITY.
nonmedical policy. See INSURANCE POLICY.
nonmember bank. See BANK.
non memini (non mem-~-nI). [Law Latin] Scots law. I do
not remember. The phrase appeared in reference to
an oath in which one person swore no remembrance
ofa transaction.
'Where a party to whose oath the resting-owing of a debt, or
a payment, is referred, swears that he does not remember
receiving the goods charged for, or of his incurring the
debt, or of receiving the alleged payment, such oath, as not
being evidence of the point referred, may result in decree
of absolvitor in his favour, where the whole circumstances
tend to the conclusion that the non memini is not only
an honest answer, but a reasonable one. But if the fact
referred is so recent that the deponent cannot be believed
to be ignorant of it, or to have forgotten it, he is considered
as concealing the truth, and will be decerned against in the
same manner as if he had refused to depone." John Trayner,
Trayner's Latin Maxims 397 (4th ed. 1894).
non merchandizanda victualia (non m~r-chJn-di
zan-d<l vik-choo-ay-Iee-a), n. [Law Latin "not to merassize to investigate and punish town magistrates who
retailed victuals while in office.
nonmerchantable title. See unmarketable title under
TITLE (2).
nonmetered license. See LICENSE.
non molestando (non moh-l<l-stan-doh), n. [Law Latin
"by not molesting"] Hist. A writ available to a person
whose possession ofland has been disturbed, contrary
to the Crown's protection.
nonmonetary item. (1965) An asset or liability whose
price fluctuates over time (such as land, equipment,
inventory, and warranty obligations).
nonmovant (non-moov-ant). (1955) A litigating party
other than the one that has flIed the motion currently
under consideration <the court, in ruling on the plain
tiff's motion for summary judgment, properly resolved
all doubts in the nonmovant's faVOr>.
nonmutual collateral estoppel. See COLLATERAL
ESTOPPEL.
nonnavigable, adj. 1. (Of a body of water) unaffected
by the tide. [Cases; Navigable Waters (,'::J 1.] 2. (Of a
body ofwater) incapable ofallowing vessels to pass
for travel or commerce. 3. (Of any vessel) incapable of
being steered. Cf. NAVIGABLE .
nonnegotiable, adj. (1859) 1. (Ofan agreement or term)
not subject to change <the kidnapper's demands were
nonnegotiable>. 2. (Of an instrument or note) inca
pable of transferring by indorsement or delivery. Cf.
NEGOTIABLE. [Cases: Bills and Notes C-:::: 144.J
nonnegotiable bill oflading. See straight bill oflading
under BILL OF LADING.
nonnegotiable document of title. See DOCUMENT OF
TITLE.
non numeratae pecuniae (non n(yJoo-me-ray-tee pi
kyoo-nee-ee). [Latin] Hist. (Defense) of money not
paid.
non obstante (non ahb-stan-tee or <lb-stan-tee), n. [Latin
"notwithstanding"]. 1. His/. A doctrine used by the
Crown ofEngland to give effect to certain documents,
such as grants or letters patent, despite any laws to the
contrary. This doctrine was abolished by the Bill of
Rights. 2. A phrase used in documents to preclude any
interpretation contrary to the stated object or purpose.
3. NON OBSTANTE VEREDICTO.
non obstante veredicto (non ahb-stan-tee [or Jb-stan
tee] ver-<l-dik-toh). [Latin] (15c) Notwithstanding the
verdict. Often shortened to nOr! obstante. -Abbr.
n.o.v.; NOV. See judgment notwithstanding the verdict
under JUDGMENT. [Cases: Federal Civil Procedure
2601; Judgment Cr-::, 199.]
nonobviousness. Patents. 1. An invention's quality of
being sufficiently different from the prior art that, at
the time the invention was made, it would not have
been obvious to a person having ordinary skill in the
art relevant to the invention. 2. The requirement that
chandise victuals"] Hist. A writ directing justices of i this quality must be demonstrated for an invention

1156 nonoccupant visitor
to be patentable. _ Nonobviousness may be demon
strated with evidence concerning prior art or with
other objective evidence, such as commercial success or
professional approval. The test ofobviousness involves
examining the scope and content of the prior art, the
differences between the prior art and the patent claims,
and the level ofordinary skill in the art. 35 USCA  103.
See GRAHAM FACTORS. Cf. NOVELTY. [Cases: Patents
(;:=> 16(1).]
nonoccupant visitor. (1996) Criminal procedure. A
person who owns, co-owns, is employed by, or is a
patron ofa business enterprise where a search is being
conducted in accordance with a search warrant.
nonoccupational, adj. (1918) 1. Not relating to one's job.