NAR. [Cases: Brokers C='3.]
National Association ofSecurities Dealers. A group of
brokers and dealers empowered by the SEC to regulate
the over-the-counter securities market. Abbr. NASD.

1122 National Association of Securities Dealers Automated Quotations
[Cases: Exchanges 11; Securities Regulation
40.15.]
National Association ofSecurities Dealers Automated
Quotations. A computerized system for recording
transactions and displaying price quotations for a
group of actively traded securities on the over-the
counter market. Abbr. NASDAQ.
National Association ofWomen Lawyers. An organiza
tion, formed in 1899, devoted to the interests offemale
lawyers and their families. Abbr. NAWL.
national bank. See BANK.
National Bar Association. An organization of primarily
African-American lawyers, founded in 1925 to promote
education, professionalism, and the protection ofcivil
rights. -Abbr. NBA.
National Capital Parks Commission. See NATIONAL
CAPITAL PLANNING COMMISSION.
National Capital Planning Commission. A 12-member
federal commission that plans the development of
federal lands and facilities in the National Capital
region, an area that includes the District of Columbia
and six nearby counties -two in Maryland and four in
Virginia. The Commission was originally established
as the National Capital Park Commission, a park-plan
ning agency, in 1924. Abbr. NCPC.
National Capital Region. The District ofColumbia and
six nearby counties: Montgomery and Prince George's
in Maryland. and Fairfax, Loudoun, Prince William,
and Arlington in Virginia. -Abbr. NCR.
National Cemetery Administration. A unit in the U.S.
Department of Veterans Affairs responsible for oper
ating national cemeteries, prOViding headstones for
unmarked graves of veterans worldwide, and making
grants to states for establishing and caring for veterans'
cemeteries. -Abbr. NCA.
National Conference ofBlack Lawyers. An organization
of African American attorneys formed in 1969, active
esp. in civil rights. -Abbr. NCBL.
National Conference of Commissioners on Uniform
State Laws. An organization that drafts and proposes
statutes for adoption by individual states, with the goal
ofmaking the laws on various subjects uniform among
the states . Founded in 1892 and composed of repre
sentatives from all 50 states, the Conference has drafted
more than 200 uniform laws, including the Uniform
Commercial Code. -Abbr. NCCUSL. -Also termed
Uniform Law Commissioners. See UNIFORM ACT; MODEL
ACT; UNIFORM LAW.
National Council ofJuveniIe and Family Court Judges.
An organization of judges and hearing officers who
exercise jurisdiction over abuse, neglect, divorce,
custody and visitation, support, domestic-violence, and
other family-law cases . Founded in 1937, the Council
has an educational and support facility located near
Reno, Nevada. Itprovides training, technical support,
and professional assistance in improving courtroom
operations. National Credit Union Administration. An indepen
dent federal agency that charters, insures, supervises,
and examines federal credit unions; administers the
National Credit Union Share Insurance Fund and
the Community Development RevolVing Loan Fund;
and manages the Central liqUidity Facility, a separate
mixed-ownership government corporation that
supplies emergency loans to member credit unions .
The agency was established in 1970 and reorganized
in 1978. -Abbr. NCUA. [Cases: Building and Loan
Associations
national currency. See CURRENCY.
National Daily Quotation Service. See PINK SHEET.
national debt. (l8c) The total financial obligation of
the federal government, including such instruments
as Treasury bills, notes, and bonds, as well as foreign
debt. [Cases: United States
national defense. 1. All measures taken by a nation to
protect itself against its enemies . A nation's protec
tion of its collective ideals and values is included in the
concept of national defense. [Cases: War and National
Emergency C=>48.J 2. A nation's military establish
ment.
National Disaster Medical System. A unit ofthe Federal
Emergency Management Agency in the U.S. Depart
ment of Homeland Security responsible for training,
equipping, and deploying teams ofemergency medical
responders and for coordinating the transportation
of people affected by emergencies . The agency was
transferred from the U.S. Department of Health and
Human Services in 2003. -Abbr. NDMS.
national domicile. See DOMICILE.
National Economic Council. See OFFICE OF POLICY
DEVELOPMENT.
national emergency. A state of national crisis or a situ
ation requiring immediate and extraordinary national
action. [Cases: War and National Emergency
National Endowment for the Arts. An independent
federal agency that promotes involvement in the arts
by making grants to organizations, honOring artists
for their achievements, expanding artistic resources,
preserving cultural heritage, and funding projects that
educate children and adults in the arts. -Abbr. NEA.
See NATIONAL FOUNDATION ON THE ARTS AND THE
HUMANITIES.
National Endowment for the Humanities. An inde
pendent federal agency that supports research, educa
tion, and public programs in the humanities through
grants to individuals, groups, and institutions. Abbr.
NEH. See NATIONAL FOU:-lDATION ON THE ARTS AND
THE HUMANITIES.
National Environmental Policy Act. A 1969 federal
statute establishing U.S. environmental policy . The
statute requires federal agencies to submit an envi
ronmental-impact statement with every proposal
for a program or law that would affect the environ
ment. 42 USCA  4321-4347 Abbr. NEPA. See

1123
ENVIRONMENTAL-IMPACT STATEMENT. [Cases: Envi
ronmental Law ~)571-615.1
"One should not assume that NEPA's emphasis upon pro
cedural consideration of environmental consequences
somehow diminishes its stature. To the contrary, NEPA
is the key environmental statute to be reckoned with in
lawsuits challenging agency action on NEPA grounds. As a
result of the popularity of NEPA in court, federal agencies
have become extremely sensitive to NEPA's procedural
commands. They have not only sought to articulate the
environmental impacts of their decisions before-the-fact,
they have also either abandoned projects or mitigated
their adverse environmental consequences after perform
ing NEPA studies." Jan G. Laitos, Natural Resources Law
 4.01, at 119 (2002).
National Environmental Satellite, Data, and Infor
mation Service. See NATIONAL OCEANIC AND ATMO
SPHERIC ADMINISTRATION.
National Firearms Act. A 1934 federal statute that
governs the manufacture, possession, and transfer of
certain types of firearms and other weapons . In its
original form, the act banned gangster-type weapons,
such as machine guns and sawn-off shotguns. It has
been expanded by amendments to cover most rifles
and handguns, and also" destructive devices" such
as grenades and land mines. 26 USCA  5801 et seq.
[Cases: Explosives Weapons
National Foundation on the Arts and the Humanities.
An independent federal foundation that encourages
and supports progress in the humanities and the arts
by supporting the National Endowment for the Arts,
the National Endowment for the Humanities, and the
Institute of Museum and Library Services . The agency
was created by act of Congress in 1965. See NATIONAL
ENDOWMENT FOR THE ARTS; NATIONAL ENDOWMENT
FOR THE HUMANITIES; INSTITUTE OF MUSEUM AND
LIBRARY SERVICES,
national government. The government of an entire
country, as distinguished from that ofa province, state,
subdivision, or territory of the country and as distin
gUished from an international organization. Seefederal
government (2) under GOVERNMENT.
National Guard. '{he U.S. militia, which is maintained
as a reserve for the U.S. Army and Air Force. -Its
members are volunteers, recruited and trained on a
statewide basis and equipped by the federal government.
A state may request the National Guard's assistance in
quelling disturbances, and the federal government may
order the National Guard into active service in times of
war or other national emergency. See MILITIA. [Cases:
Armed Services Militia C-:::;, 1-22.1
National Highway Traffic Safety Administration.
A unit in the U.S. Department of Transportation
responsible for regulating the safety of motor vehicles
and their equipment . The agency's work focuses on
matters such as theft prevention, speed limits, truthful
odometer readings, and fuel consumption. It was estab
lished by the Highway Safety Act of 1970. 23 USCA
 101 et seq. -Abbr. NHTSA.
National Imaging and Mapping Agency. A unit in the
G.S. Department of Defense responsible for providing National Labor Relations Act
the armed forces and intelligence officers with up
to-date and accurate geospatial information, esp. in
the form of photographs, maps, and charts. -Abbr.
NIMA.
National Institute for Literacy. A federally aided insti
tute that leads national efforts to achieve universal
literacy. Abbr. NIFL.
National Institute of Corrections. A federal organiza
tion (established within the Bureau of Prisons) whose
responsibilities include helping federal, state, and local
authorities improve correctional programs, conducting
research on correctional issues such as crime preven
tion, and conducting workshops for law-enforcement
personnel, social workers, judges, and others involved
in treating and rehabilitating offenders. 18 USCA
 4351-4353. See BUREAU OF PRISONS.
National Institute of Standards and Technology. See
TECHNOLOGY ADMINISTRATION.
nationality. (I7c) 1. NATION (1). 2. The relationship
between a citizen of a nation and the nation itself, cus
tomarily involving allegiance by the citizen and pro
tection by the state; membership in a nation . This
term is often used synonymously with citizenship. See
CITIZENSHIP. 3. The formal relationship between a ship
and the nation under whose flag the ship sails. See FLAG
STATE. [Cases: Shipping <:r'-=>2.J
"'Nationality' is a term which has long been used to define
the legal relationship between a state and a ship which is
authorized by the state to fly its flag .... Discussions in the
International Law Commission in 1951 reflected concern
that the use of the term 'nationality' in reference to ships
was misleading as it implied similarity to the term's use
in defining the legal relationship between a state and its
citizen. Nonetheless, the term has continued to be the
one most often employed in describing the relationship
between a ship and its flag state. It is important to realize,
however, that in spite of their common names, the legal
relationship ascribed to the nationality of ships does differ
from that arising from the nationality of natural orjuridical
persons." Louis B. 50hn & Kristen Gustafson, The Law of
the Sea in a Nutshell12 (1984).
Nationality Act. See IMMIGRATION AND NATIONALITY
ACT.
nationality theory. The jurisdictional principle that
citizens are subject to the laws of their country, no
matter where the citizens are. [Cases: International
LawC:::>7.]
nationalization, n. (1847) 1. Ibe act of bringing an
industry under governmental control or ownership.
[Cases: International Law 10.16.] 2. The act of
giving a person the status of a citizen. See NATURAL
IZATION. [Cases: Aliens, Immigration, and Citizenship
(;.":::>689-728.]
nationalize, vb. (1809) 1. To bring (an industry) under
governmental control or ownership. 2. To give (a
person) the status ofa citizen; NATURALIZE.
National Labor Relations Act. A federal statute regu
lating the relations between employers and employees
and establishing the National Labor Relations Board.
29 USCA  151-169. The statute is also known as

1124 National Labor Relations Board
the Wagner Act of 1935. It was amended by the Taft
Hartley Act of 1947 and the Landrum-Griffin Act of
1959. Abbr. NLRA. Also termed Wagner Act.
[Cases: Labor and Employment
National Labor Relations Board. An independent five
member federal board created to prevent and remedy
unfair labor practices and to safeguard employees'
rights to organize into labor unions. -The board
hears complaints of unfair labor practices and issues
orders that can be reviewed or enforced by a U.S. court
of appeals. The agency was created by the National
Labor Relations Act of 1935. 29 USCA  153. Abbr.
NLRB. -Often shortened to Labor Relations Board.
[Cases: Labor and Employment C=' 1650.1
National Lawyers Guild. An association oflawyers, law
students, and legal workers dedicated to promoting a
left-wing political and social agenda. -Founded in
1937, it now comprises some 4,000 members. Cf. FED
ERALIST SOCIETY.
National Marine Fisheries Service. -Abbr. NMFS. See
NATIO:>IAL OCEANIC AND ATMOSPHERIC ADMINISTRA
TION.
National Mediation Board. An independent federal
board that mediates labor-management disputes in
the airline and railroad industries and provides admin
istrative and financial support in adjusting grievances
in the railroad industry. -The agency was created by
the Railway Labor Act of 1934 to prevent interrup
tions in service. 45 USCA  154-163. -Abbr. NMB.
Cf. FEDERAL MEDIATION AND CONCILIATION SERVICE.
[Cases: Labor and Employment
national monument. (1879) An object or structure and
the land on which it


[Cases: Labor and Employment
national monument. (1879) An object or structure and
the land on which it is situated, publicly proclaimed by
the u.s. President to be of historic or scientific interest.
See 16 USCA  341.
National Motor Vehicle Theft Act. See DYER ACT.
National Oceanic and Atmospheric Administration.
A unit in the u.s. Department of Commerce respon
sible for monitoring the environment in order to make
accurate and timely weather forecasts and to protect
life, property, and the environment. -It was established
in 1970 under Reorganization Plan No.4 of 1970 and
operates through several agencies: the National Weather
Service (NWS); the National Environmental Satellite,
Data, and Information Service (NESDIS); the National
Marine Fisheries Service (NMFS); the National Ocean
Service (NOS); and the Office of Oceanic and Atmo
spheric Research (OAR). It also maintains a fleet of
ships and aircraft for research. -Abbr. NOAA.
National Ocean Service. See NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
national of the United States. See NATIONAL.
National Organ Transplant Act. A 1984 federal
law banning the sale of human organs. 42 USCA
 273-274. -Abbr. NOTA. [Cases: Gifts
national origin. (1880) The country in which a person
was born, or from which the person's ancestors came. This term is used in several antidiscrimination statutes,
including Title VII of the Civil Rights Act of 1964,
which prohibits discrimination because ofan individ
ual's "race, color, religion, sex, or national origin." 42
USCA  2000e-2. [Cases: Civil Rights C='1009,1107.]
national park. (1868) A scenic, natural, historic, and
recreational area owned bv the United States and set
aside for permanent protection. -Yellowstone National
Park was declared the first national park in 1872. See 16
USCA  la-L [Cases: United States C='57.]
National Park Service. A unit in the U.S. Department
of the Interior responsible for managing the nation's
national parks, monuments, scenic parkways, pre
serves, trails, river ways, seashores, lakeshores, rec
reational areas, and historic sites commemorating
movements, events, and personalities of America's past.
-The Service was established in 1916. 16 USCA  1.
[Cases: United States
National Priorities List. Environmental law. The Envi
ronmental Protection Agency's list of the most serious
uncontrolled or abandoned hazardous-waste sites
that are identified for possible long-term remediation
as Superfund sites. 40 CFR  35.6015. Abbr. NPL.
[Cases: Environmental Law C='436.]
National Quotation Bureau. A company that publishes
daily price quotations (pink sheets) of over-the-counter
securities.
National Railroad Passenger Corporation. A federally
chartered corporation created by the Rail Passenger
Service Act of 1970 to provide intercity rail passen
ger service. _ The corporation owns or leases railroad
stations and operates passenger trains over tracks that
are almost entirely owned by others. -Abbr. NRPC.
Usu. termed Amtrak. [Cases: Railroads (;:=>5.51.]
National Reporter System. A series oflawbooks, pub
lished by the West Group, containing every published
appellate decision of the federal and state courts in
the United States. -For federal courts, the system
includes the Supreme Court Reporter, Federal Reporter,
Federal Claims Reporter, Federal Supplement, Federal
Rules Decisions, Bankruptcy Reporter, Military Justice
Reporter, and Veterans Appeals Reporter. For state
courts, the system includes the Atlantic Reporter, Cal
ifornia Reporter, New York Supplement, North Eastern
Reporter, North Western Reporter, Pacific Reporter,
South Eastern Reporter, Southern Reporter, and South
Western Reporter.
National Response Center. Environmental law. A
nationwide communication center located in \Vash
ington, D.C., responSible for receiving, and relaying
to appropriate federal officials, all notices of oil dis
charges and other releases of hazardous substances.
40 CFR  310.11.
national river. See RIVER.
National Science Foundation. An independent federal
foundation that promotes progress in science and engi
neering through grants, contracts, and other agree
ments awarded to universities, colleges, academic

1125
consortia, and nonprofit and small-business institu
tions. It was created by the National Science Founda
tion Act of 1950. -Abbr. NSF.
National Security Agency. A unit in the U.S. Depart
ment ofDefense responsible for protecting U.S. infor
mation systems as well as producing foreign intelligence
information . The agency uses code makers and code
breakers. Abbr. NSA. [Cases: War and National
Emergency ~48.1.]
National Security Council. An agency in the Execu
tive Office ofthe President responsible for advising the
President on national-security matters . Itwas created
by the National Security Act of 1947. 50 USCA  402.
Abbr. NSC.
national-security letter. A document that is issued by
an FBI official, or by a senior official ofanother federal
agency, and that functions as a subpoena requiring the
recipient, usu. a business, to turn over specific business
documents. The Department of Justice provides
guidelines for the issuance ofa national-security letter,
which is not typically reviewed by a court or magistrate.
Federal law prohibits the letter's recipient from disclos
ing the existence ofthe letter, except to an attorney. -
Abbr. NSL [Cases: War and National Emergency ~
50.]
national-security privilege. See state-secrets privilege
under PRIVILEGE (3).
national-service life insurance. See LIFE INSURANCE.
National Stolen Property Act. A federal statute that
makes it a crime to transport, transmit, or transfer in
interstate or foreign commerce goods or money worth
$5,000 or more if the person knows that the money or
goods were obtained unlawfully. 18 USCA  2311 et
seq. Abbr. NSPA. [Cases: Receiving Stolen Goods
~1-4.]
national synod. See SYNOD.
National Technical Information Service. See TECHNOL
OGY ADMINISTRATION.
National Technical Institnte for the Deaf. A federally
aided institute, located in Rochester, New York, respon
sible for educating large numbers ofdeaf students on
a college campus designed primarily for students who
can hear.  Established by Congress in 1965, the insti
tute is a part of the Rochester Institute for Technol
ogy. Abbr. NTID.
National Telecommunications and Information
Administration. A unit in the U.S. Department of
Commerce responsible for advising the President on
telecommunications and information policy; conduct
ing research through its Institute for Telecommunica
tions Sciences; and making grants to support advanced
infrastructures and to increase ownership by women
and minorities. Abbr. NTlA.
National Transportation Safety Board. An independent
five-member federal board that investigates air, rail,
water, highway, pipeline, and hazardous-waste acci
dents; conducts studies; and makes recommendations nativi de stipite
to government agencies, the transportation industry,
and others on safety measures and practices. The
agency was created in 1966.49 USCA  1101-1155. -
Abbr. NTSB. [Cases: Aviation ~'31.]
national treatment. Intellectual property. The policy or
practice ofa country that accords the citizens ofother
countries the same intellectual-property protection as
it gives its own citizens, with no formal treaty of reci
procity required . The principle of national treatment
underlay the first international intellectual-property
treaties in the 19th century, the Paris and Berne Con
ventions' and is also embodied in the TRIPs Agree
ment. Cf. RECIPROCITY; U:-1IVERSALITY.
"The beauty ofthe principle of national treatment is that it
allows countries the autonomy to develop and enforce their
own laws, while meeting the demands for international
protection. Effectively, national treatment is a mecha
nism of international protection without harmonization."
Lionel Bently & Brad Sherman, Intellectual Property Law
5 (2001).
national-treatment clause. A provision contained in
some treaties, usu. commercial ones, according for
eigners the same rights, in certain respects, as those
accorded to nationals. [Cases: Treaties (::>8.)
national union. See UNION.
National Weather Service. See NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
nations, law of. See INTERNATIONAL LAW.
nation-state. See NATION (1).
natis et nascituris (nay-tis et nas-i-t[y)nur-is). [Latin]
Hist. To children born and to be born. This was a
common destination used to convey an inheritance.
native, n. (16c) 1. A person who is a citizen of a particular
place, region, or nation by virtue of having been born
there. 2. A person whose national origin derives from
having been born within a particular place. 3. Loosely,
a person born abroad whose parents are citizens of the
nation and are not permanently residing abroad. 4.
Loosely, a person or thing belonging to a group indige
nous to a particular place . The term Native American
is sometimes shortened to native. [Cases: Indians ~
lOLl
Native American law. The body of law dealing with
American Indian tribes and their relationships to
federal and state governments, private citizens, and
each other. -Also termed American Indian law;
Indian law.
native-born, adj. 1. Born within the territorial jurisdic
tion ofa country. 2. Born of parents who convey rights
of citizenship to their offspring, regardless ofthe place
ofbirth.
native title. See aboriginal title (1) under TITLE (2).
nativi conventionarii (nd-tI-vI kdn-ven-shee-d-nair
ee-l), n. pl. [Law Latin] Hist. Villeins by contract.
nativi de stipite (nd-tI-vI dee stip-d-tee), n. pl. [Law
Latin] Hist. Villeins by birth. See NATIVUS; NATALE.

nativitas 1126
nativitas (n,,-tiv-,,-tas), n. [Law Latin] Rist. The servi
tude or bondage of serfs.
nativo habendo (n,,-tI-voh h,,-ben-doh), n. DE NATIVO
HABENDO.
nativus (nd-tI-vdS), n. [Law Latin] Rist. A person who is
born a villein or serf.
"Having seen what serfdom means, we may ask how men
become serfs. The answer is that almost always the serf is
a born serf; nativus and vii/anus were commonly used as
interchangeable terms ...." 1 Frederick Pollock & Frederic
W. Maitland, The History ofEnglish Law Before the Time of
Edward 1422 (2d ed. 1898).
natural, adj. (14c) 1. In accord with the regular course
of things in the universe and without accidental or
purposeful interference <a natural death as opposed
to murder>. 2. Normal; proceeding from the regular
character ofa person or thing <it is natural for a duck
to fly south in the winter>. 3. Brought about by nature
as opposed to artificial means <a natural lake>. 4.
Inherent; not acquired or assumed <natural talent>.
5. Indigenous; native <the original or natural inhabit
ants of a country>. 6. Ofor relating to birth <natural
child as distinguished from adopted child>. [Cases:
Children Out-of-Wedlock <::= 1.] 7. Untouched by civ
ilization; wild <only a small part ofthe forest remains
in its natural state>. -naturally, adv.
natural, n. (16c) 1. A person who is native to a place.
See NATIVE; natural-born citizen under CITIZEN. 2. A
person or thing well suited for a particular endeavor.
natural-accumulation doctrine. The rule that a gov
ernmental entity or other landowner is not required
to remove naturally occurring ice or snow from public
property, such as a highway, unless the entity has, by
taking some affirmative action (such as highway con
struction), increased the travel hazard to the public.
[Cases: Automobiles (;=>262: Municipal Corporations
~"')773.1
natural affection. (16c) The love naturally existing
between close relatives, such as parent and child.
Natural affection is not consideration for a contract.
See CONSIDERATION (1); executory contract under
CONTRACT. [Cases: Contracts <::=77.]
natural allegiance. See ALLEGIANCE.
natural and probable consequence. See NATURAL CON
SEQUENCE.
natural-born citizen. See CITIZEN.
Natural Born Citizen Clause. (1988) The clause of the
U.S. Constitution barring persons not born in the
United States from the presidency. U.S. Const. art. II,
 1, d. 5. [Cases: United States (;:='26.]
natural-born subject. See SUBJECT.
natural boundary. See BOUNDARY.
natural channel. See CHANNEL.
natural child. See CHILD.
natural cognation. See COGNATION. natural consequence. (16c) Something that predictably
occurs as the result of an act <plaintiff's injuries were
the natural consequence of the car wreck>. -Also
termed natural and probable consequence. [Cases:
Damages <::=21: Xegligence (;=>386.]
natural day. See DAY (2).
natural death. See DEATH.
natural-death act. (1977) A statute that allows a person to
prepare a living will instructing a physician to withhold
life-sustaining procedures ifthe person should become
terminally ill. See ADVANCE DIRECTIVE; LIVING WILl..
[Cases: Health (;:='913.]
natural domicile. See domicile of origin under
DOM


l..
[Cases: Health (;:='913.]
natural domicile. See domicile of origin under
DOMICILE.
natural duty. See moral duty under DUTY (1).
natural equity. See EQUITY (3).
natural father. See biological father under FATHER.
natural flood channel. See CHANNEL.
natural fool. Rist. A person who is mentally challenged
from birth. See INCOMPETENCY.
natural fruit. See FRUIT.
natural gas. See DISTILLATE (1).
natural guardian. See GUARDIAN.
natural heir. See HEIR.
naturaliafeudi (nach-d-ray-lee-" fyoo-dI). [Law Latin]
Scots law. Those things that naturally belong to a feu
grant. -The phrase included the grantor's warranty
against eviction of the grantee.
natural infancy. See INFANCY.
natural interruption. See INTERRUPTION.
naturalis possessio (nach-d-ray-lis pd-zes[h]-ee-oh). See
possessio naturalis under POSSESSIO.
naturalization. 06c) The granting of citizenship to a
foreign-born person under statutory authority.
Naturalization Clause. (1849) The constitutional provi
sion stating that every person born or naturalized in
the United States is a citizen of the United States and
of the state ofresidence. U.S. Const. amend. XIV,  1.
See JUS SOLI. [Cases: Aliens, Immigration, and Citizen
ship (;:='652, 678.]
naturalization court. A court haVing jurisdiction to hear
and decide naturalization petitions. -Naturalization
courts were abolished as a result ofthe Immigration Act
of 1990. Under current U.S. law, the Attorney General
has the sole authority to naturalize citizens. But after
a hearing before an immigration officer, an applicant
may seek review ofthe denial ofan application for nat
uralization in the federal district court for the district
in which the applicant resides. If an applicant is certi
fied to be eligible for naturalization, the oath of alle
giance may be administered by the Attorney General, a
federal district court, or a state court ofrecord. See oath
ofallegiance under OATH. [Cases: Aliens, Immigration,
and Citizenship

1127
naturalize, vb. (l6c) To grant the rights, privileges, and
duties of citizenship to (one previously a noncitizen); to
make (a noncitizen) a citizen under statutory author
ity. [Cases: Aliens, Immigration, and Citizenship
689-728.] naturalization, n.
naturalized citizen. See CITIZEN.
natural justice. See JUSTICE (1).
natural law. (I5c) 1. A physical law of nature <gravi
tation is a natural law>. 2. A philosophical system of
legal and moral principles purportedly deriving from
a universalized conception of human nature or divine
justice rather than from legislative or judicial action;
moral law embodied in principles of right and wrong
<many ethical teachings are based on natural law>.
Also termed law ofnature; natural justice; lex aeterna;
eternal law; lex naturae; lex naturalae; divine law; jus
divinum;jus naturale; jus naturae; (in sense 2) norma
tive jurisprudence; jure naturae. Cf. FUNDAMENTAL
LAW; POSITIVE LAW; DIVINE LAW.
"Natural law, as it is revived today, seeks to organize the
ideal element in law, to furnish a critique of old received
ideals and give a basis for formulating new ones, and
to yield a reasoned canon of values and a technique of
applying it. I should prefer to call it philosophical juris
prudence. But one can well sympathize with those who
would salvage the good will of the old name as an asset
ofthe science of law." Roscoe Pound, The Formative Era of
American Law 29 (1938).
"It is true that when medieval writers spoke of natural law
as being discoverable by reason, they meant that the best
human reasoning could discover it, and not, of course, that
the results to which any and every individual's reasoning
led him was natural law. The foolish criticism ofJeremy
Bentham: 'a great multitude of people are continually
talking of the law of nature; and then they go on giving
you their sentiments about what is right and what is wrong;
and these sentiments, you are to understand, are so many
chapters and sections ofthe law of nature', merely showed
a contempt for a great conception which Bentham had not
taken the trouble to understand." J.L. Brierly, The Law of
Nations 20-21 (5th ed. 1955).
"[Nlatural law is often an idealization of the opposite to
that which prevails. Where inequality or privilege exists,
natural law demands its abolition." Morris R. Cohen, Reason
and Law 96 (1961).
natural liberty. See LIBERTY.
natural life. (ISc) A person's physical life span.
natural monopoly, See MONOPOLY.
natural monument. See MONUMENT.
natural mother. 1. See birth mother under MOTHER. 2.
See biological mother under MOTHER.
natural object. 1. A person likely to receive a portion
of another person's estate based on the nature and
circumstances of their relationship. -Also termed
natural object ofbounty; natural object ofone's bounty;
natural object oftestator's bounty. [Cases: Wills C=)
50.] 2. See natural boundary under BOUNDARY. 3. See
natural monument under MONUMENT.
natural obligation. See OBLIGATION.
natural person. See PERSON (1).
natural possession. See POSSESSION. nautae, caupones, stabularii
natural premium. See PREMIUM (1).
natural presumption. See PRESUMPTION.
natural resource. (1870) 1. Any material from nature
having potential economic value or providing for the
sustenance ofhfe, such as timber, minerals, oil, water,
and wildlife. 2. Environmental features that serve a
community's well-being or recreational interests, such
as parks. [Cases: Environmental Law C='13.J
Natural Resources Conservation Service. An agency in
the U.S. Department of Agriculture responSible for pro
viding information and financial assistance to farmers
, and ranchers for voluntary conservation programs .
; The Service was formerly known as the Soil Conserva
. tion Service. Abbr. NRCS.
natural right. See RIGHT.
natural servitude. See SERVITUDE (2).
natural succession. See SUCCESSION (2).
natural watercourse. See WATERCOURSE.
natural wear and tear. See WEAR AND TEAR.
natural wrong. See moral wrong under WRONG.
natural year. See YEAR.
natura negotii (na-tyoor-d ni-goh-shee-r). [LatinJ Hist.
The nature of the transaction.
nature. (l4c) 1. A fundamental quality that distinguishes
one thing from another; the essence of something. 2.
A wild condition, untouched by civilization. 3. A dis
position or personality of someone or something. 4.
Something pure or true as distinguished from some
thing artificial or contrived. 5. The basic instincts or
impulses ofsomeone or something. 6. The elements of
the universe, such as mountains, plants, planets, and
stars.
natus (nay-tas), adj. [Latin] Born; (of a child) alive.
nauclerus (naw-kleer-as), n. [Latin fro Greek naus "ship"
+ kieros "allotment"] Roman law. A shipmaster; a
skipper.
naulage (naw-Iii), n. [Old French fro Law Latin naulagium
"passage money"] The fare for passengers or goods trav
eling by ship. See NAULUM.
naulum (naw-bm), n. [Latin fro Greek] Roman law. Fare;
freights; a shipowner's fee for carrying people or goods
from one place to another.
nauta (naw-ta), n. [Latin fro Greek naus "ship"] Roman
law. A sailor.
nautae, caupones, stabularii (naw-tee, kaw-poh-neez,
stab-ya-Iair-ee-r). [Latin] Roman law. Carriers by sea,
innkeepers, stablers . The phrase was used in an edict
holding shippers, innkeepers, and stablers liable for
damages to goods entrusted to them for safekeeping
(receptum). Members of this group were also vicari
ously liable for the torts of their employees and slaves.
'The edict is in these terms: 'NAUTAE, CAUPONES, STABULARII, QUOD
CUJUSQUE SALVUM FORE RECEPERINT, NiSI RESTITUENT! IN EO$ jlJDlelVM DABO.'
This rule, from its expediency, has been, with some varia
tions, received into the law of Scotland. Persons of this
description are liable for their servants, or even for the acts

nautical 1128
of guests and passengers; and the extent of the damage
may be proved by the oath of the claimant." William Bell,
Bell's Dictionary and Digest of the Law of Scotland 737
(George Watson ed., 7th ed. 1890).
nautical, adj. (16c) Of or relating to ships or shipping,
carriage by sea, or navigation.
nautical assessor. A person skilled in maritime matters
who is summoned in an admiralty case to assist the
judge on points requiring special expertise.
nautical mile. (1834) A measure of distance for air and
sea navigation, equal to one minute of arc of a great
circle of the earth. -Different measures have been
used by different countries because the earth is not a
perfect sphere. Since 1959, however, the United States
has used an international measure for a nautical mile,
set by the Hydrographic Bureau, equal to 6,076.11549
feet, or 1,852 meters.
nauticum fenus (naw-ti-k~m fee-n~s), n. [Greek nautikon
"nautical" + Latinfenus "interest"] Roman & civil law.
A loan to finance the transport ofgoods by sea; specie,
a loan on bottomry made to a transporter ofmerchan
dise by ship. _ The loan is subject to an extremely high
rate of interest because it does not have to be repaid
unless the ship safely reaches its destination. The
nauticum fenus is both a loan and marine insurance.
The rate, originally unlimited because of the risks of sea
travel, was eventually fixed at 12%. The money loaned
is pecunia trajecticia (money conveyed overseas).
Also spelled nauticum foenus. -Also termedfen us
nauticum; nautica pecunia;foenus nauticum.
NAV. abbr. NET ASSET VALUE.
navagium (na-vay-jee-~m), n. [Latin "ship; voyage"] Hist.
A tenant's duty to transport the lord's goods by ship.
naval, adj. (15c) 1. Ofor relating to ships or shipping. 2.
Ofor relating to a navy. See NAVY.
naval law. A system of regulations governing naval
forces. See CODE OF MILITARY rUSTICE. [Cases: Armed
Services Military Justice C=>507.]
navarch (nay-vahrk), n. [fro Greek naus "ship" + archos
"chief"] Hist. A master of an armed ship. Also
termed navarchus. Cf. NAVICULARIUS.
navicularius (n~-vik-y~-lair-ee-ds), n. [Latin "ship
owner"] Hist. A person engaged in the shipping
business.
navigable (nav-i-gd-bdl), adj. (ISc) 1. Capable ofallowing
vessels or vehicles to pass, and thereby usable for travel
or commerce <the channel was barely navigable because
it was so narrow>. [Cases: Navigable Waters
navigable in fact, adj. Naturally usable for travel or
commerce in the present condition. - A stream is
naVigable in fact if, in its natural and ordinary state,
it can be used for travel or commerce. For admiralty
jurisdiction, the water must be capable ofbeing used
as a route in interstate or international commerce in
customary modes oftravel. [Cases: NaVigable Waters 2. Capable of being steered <navigable aircraft>.
Also termed boatable. See NAVIGABLE WATER.
navigable airspace. See AIRSPACE.
navigable sea. Int'llaw. The ocean waters divided into
three zones of control among nations: (1) the inland
waters, which are near a nation's shores and over which
a nation has complete sovereignty; (2) territorial waters,
which are measured from the seaward edge of the
inland waters, over which a nation has extensive control
but over which innocent parties must be allowed to
travel to other nations; and (3) the high seas, which are
international waters not subject to the domain of any
Single nation. [Cases: International Law
navigable water. 1. At early common law, any body of
water affected by the ebb and flow ofthe tide. -This test
was first adopted in England because most of England's
in-fact navigable waters are influenced by the tide,
unlike the large inland rivers that are capable ofsup
porting commerce in the United States. Also termed
boatable water. [Cases: Navigable Waters
"In addition to its bearing on admiralty jurisdictional inqui
ries, the navigable waters issue comes up in cases involv
Ing the scope of Congress's regulatory authority under
the commerce clause; the validity and interpretation of
a variety of statutes and regulations administered by the
Coast Guard; the powers of the Corps of Engineers over
waterways, dams, marinas, etc., under the Rivers & Harbors
Act and other statutes; the Federal Power Commission's
authority to inspect and license electricity-generating
dams; the existence and exercise of a servitude of naviga
tion, which affects both public access to waterways on
private land and governmental regulatory authority over
such waters; and disputes over the ownership of stream
beds. The for


on
private land and governmental regulatory authority over
such waters; and disputes over the ownership of stream
beds. The foregoing is not an exhaustive listing. Well over a
thousand federal statutes use the term 'navigable waters.'"
David W. Robertson, Steven F. Friedell & Michael F. Sturley,
Admiralty and Maritime Law in the United States 53 n.l
(2001).
2. (usu. pl.) A body ofwater that is used, or typically
can be used, as a highway for commerce with ordinary
modes of trade and travel on water. -Under the
Commerce Clause, Congress has broad jurisdiction
over all navigable waters of the United States. [Cases:
Navigable Waters
navigable water ofthe United States. Navigable water
that alone -or in combination with other waters
forms a continuous highway for commerce with other
states or foreign countries.
navigate, lIb. (16c) 1. To travel or sail in a vessel on water
<to navigate from New York to Bermuda>. [Cases:
CollisionC::='3, 90, 103.] 2. To steer <to navigate the
plane>. 3. To make way through, on, or about some
thing <the plaintiff was unable to navigate the stairs
in the dark>.
navigation. (16c) 1. The act of sailing vessels on water.
2. The process and business ofdirecting the course of
a vessel from one place to another. See RULES OF NAVI
GATION.
navigation easement. See EASEMENT.
navigatiou servitude. See SERVITUDE (2).
navis (nay-vis), 11. [Latin] A ship; a vessel.

1129
navy. (I4c) 1. A fleet ofships. 2. The military sea force of
a country, including its collective ships and its corps
of officers and enlisted personnel; esp. (usu. cap.), the
division ofthe U.S. armed services responsible primar
ily for seagoing forces . The U.S. Constitution gives
Congress the power to establish a navy and make laws
governing the naval forces. U.S. Canst. art. I,  8, cl.
13-14. [Cases: Armed Services (;:='4.J
Navy Department. A division of the Department of
Defense that oversees the operation and efficiency ofthe
Navy, including the Marine Corps component (and the
U.S. Coast Guard when operating as a naval service).
 Established in 1798, the Department is headed by
the Secretary of the Navy, who is appointed by the
President and reports to the Secretary of Defense.
Also termed Department of the Navy. [Cases: Armed
Services
navy yard. (l8c) The land on which ships are built for the
U.S. Navy and the contiguous waters that are necessary
to float the ships.
NAWL. abbr. NATIONAL ASSOCIATION OF WOMEN
LAWYERS.
nay, n. Parliamentary law. A negative vote.
nazeranna (naz-;:;-ran-d). Hist. The amount that a person
paid to the government as an acknowledgment for
public office or a grant ofpublic lands.
N.B. 	abbr. [Latin nota bene] (17c) Note well; take
notice -used in documents to call attention to some
thing important.
NBA. abbr. NATIONAL BAR ASSOCIATION.
NBF!. abbr. Nonbank financial institution. See MONEY
SERVICE BUSINESS.
NCA. abbr. NATIONAL CEMETERY ADMINISTRATION.
NCBL. abbr. NATIONAL CONFERENCE OF BLACK LAW
YERS.
NCCUSL (n<l-k[y]oo-S<ll). abbr. NATIONAL CONFERENCE I
OF COMMISSIONERS ON UNIFORM STATE LAWS.
n.c.d. abbr. NEMINE CONTRADICENTE.
NCPC. abbr. NATIONAL CAPITAL PLANNING COM MIS- I
SlON
NCR. abbr. NATIONAL CAPITAL REGION.
NCUA. abbr. NATIONAL CREDIT UNION ADMINISTRA- I
TION.
N.D. abbr. 1. Northern District, in reference to a U.S.
judicial district. 2. NEMINE DISSENTIENTER.
NDMS. abbr. NATIONAL DISASTER MEDICAL SYSTEM.
NDP. abbr. Nondepository provider offinancial services.
See MONEY SERVICE BUSINESS.
N.E. abbr. NORTH EASTERN REPORTER.
N/E. See NOTICE OF ALLOWABILITY!EXAMINER's AMEND
MENT.
NEA. abbr. NATIONAl. ENDOWMENT FOR THE ARTS.
ne admittas (nee ad-mit-<ls), n. [Latin "that you admit
not"J Eccles. law. A writ prohibiting a bishop, usu. necessaries
in a quare impedit action, from admitting the other
party's clerk to be a parson ofa church . After a party
institutes a quare impedit action to enforce a right to
propose a clerk to the position of parson of a vacant
church (right of advowson), that party can resort to
the ne admittas writ ifit is believed that the bishop will
admit another person's proposed clerk before the quare
impedit action concludes. See QUARE IMPEDlT.
neap tide. See TIDE.
near, adv. & adj. (l3c) 1. Close to; not far away, as a
measure of distance <the neighbors' houses are near
one another>. 2. Almost; close in degree <a near miss> .
3. Closely tied by blood <my brother is a near relative>.
4. Familiar; intimate <a near friend>.
nearly closed-ended claim. See PATENT CLAIM.
near money. See current asset under ASSET.
neat, adj. (bef. 12c) 1. Clean; pure. 2. Free from extrane
ousmatter.
neat weight. See net weight under WEIGH T.
ne baila pas (nd bay-I;:; pah), n. [Law French "he or she
did not deliver") In an action for detinue, a defendant's
plea denying the receipt ofthe property in question.
necation (ni-kay-sh;:;n), n. [ff. Latin necare "to kill"] Hist.
The act ofkilling.
necessaries. (l4c) 1. Things that are indispensable to
living <an infant's necessaries include food, shelter,
and clothing> . Necessaries include whatever food,
medicine, clothing, shelter, and personal services are
usu. considered reasonably essential for the preserva
tion and enjoyment oflife, to the extent that a person
having a duty ofprotection must furnish them. -Also
termed necessities; necessities oflife. [Cases: Husband
and Wife C:=o 19.] 2. Things that are essential to main
taining the lifestyle to which one is accustomed <a mul
timillionaire's necessaries may include a chauffeured
limousine and a private chef>. -The term includes
whatever is reasonably needed for subsistence, health,
comfort, and education, considering the person's age,
station in life, and medical condition, but it excludes
(1) anything purely ornamental, (2) anything solely for
pleasure, (3) what the person is already supplied with,
(4) anything that concerns someone's estate or business
as opposed to personal needs, and (5) borrowed money.
Under the common law, a husband was required to pay
debts incurred by his wife or children for necessaries.
Beginning in the late 19608, most states began to change
their statutes regarding the obligation to proVide neces
saries to include both husband and wife. See DOCTRINE
OF NECESSARIES; FAMILY-EXPENSE STATUTE. [Cases;
Husband and Wife C=' 19.J
"Things may be of a useful character, but the quality or
quantity supplied may take them out of the character of
necessaries. Elementary textbooks might be a necessary
to a student of law, but not a rare edition of 'Littleton's
Tenures,' or eight or ten copies of 'Stephen's Commentar
ies.' Necessaries also vary according to the station in life
of the infant or his peculiar circumstances at the time.
The quality of clothing suitable to an Eton boy would be
unnecessary for a telegraph clerk; the medical attendance

1130 necessarily included offense
and diet required by an invalid would be unnecessary to
one in ordinary health. It does not follow therefore that
because a thing is of a useful class, a judge is bound to
allow ajury to say whether or no it is a necessary." William
R. Anson, Principles of the Law of Contract 172 (Arthur L
Corbin ed., 3d Am. ed. 1919).
3. Maritime law. Supplies and services needed for
the maintenance and operation of a vessel, including
repairs, tow fees, and the costs ofloading and unload
ing. Authorized provision of necessaries automati
cally confers a maritime lien to the provider under the
Federal Maritime Lien Act, 42 USCA  971-93. [Cases:
Maritime Liens
"The case law is clear that 'necessaries' does not mean
absolutely indispensable; rather, the term refers to what
is reasonably needed in the ship's business: Thomas J.
Schoenbaum, Admiralty and Maritime Law 256 (1987).
necessarily included offense. See lesser included offense
under OFFENSE (1).
necessarius (ne-sJ-sair-ee-Js), adj. [Latin] 1. Necessary;
essential. 2. Unavoidable; obligatory; compelling.
necessary and proper, adj. (16c) Being appropriate and
well adapted to fulfilling an objective.
Necessary and Proper Clause. (1926) The clause of the
U.S. Constitution permitting Congress to make laws
"necessary and proper" for the execution of its enu
merated powers. U.S. Const. art. I,  8, cl. 18. The
Supreme Court has broadly interpreted this clause to
grant Congress the implied power to enact any law rea
sonably designed to achieve an express constitutional
power. McCulloch v. Maryland, 17 U.S. (4 Wheat.)
316 (1819). Also termed Basket Clause; CoeffiCient
Clause; Elastic Clause; Sweeping Clause. [Cases: United
States
necessary damages. See general damages under
DAMAGES.
necessary deposit. See DEPOSIT (5).
necessary diligence. See DILIGENCE.
necessary domicile. See DOMICILE.
necessary implication. See IMPLICATION.
necessary improvement. See IMPROVEMENT.
necessary inference. (I7c) A conclusion that is unavoid
able ifthe premise on which it is based is taken to be
true.
necessary intromission. See INTROMISSION.
necessary party. See PARTY (2).
necessary repair. (16c) An improvement to property
that is both needed to prevent deterioration and proper
under the circumstances.
necessary way. See easement by necessity under
EASEMENT.
necessitas (nJ-ses-i-tas), n. [Latin] Roman law. 1. Neces
sity. 2. A force or influence that compels an unwilling
person to act.  The term refers to a lack of free will
to do a legal act, as opposed to libera valuntas ("free
will"). necessitas culpabi/is (nJ-ses-i-tas kJI-pay-bJ-lis). [Latin
"culpable necessity"] Hist. An unfortunate necessity
that, while essentially excusing the act done under its
compulsion, does not necessarily relieve the actor from
blame.
"And as to the necessity which excuses a man who kills
another se defendendo lord Bacon entitles it necessitas cul
pabilis . ... For the law intends that the quarrel or assault
arose from some unknown wrong ... and since in quarrels
both parties may be, and usually are, in some fault; and
it scarce can be tried who was originally in the wrong; the
law will not hold the survivor entirely gUiltless. But it is
clear, in the other case, that where I kill a thief that breaks
into my house, the original default can never be upon my
side." 4 William Blackstone, Commentaries on the Laws of
England 186-87 (1769).
necessitate juris (n,,-ses-i-tay-tee joor-is). [Latin] Hist.
By necessity oflaw. That phrase appeared in refer
ence to acts necessarily arising from the effect ofa legal
rule.
necessities. (14c) 1. Indispensable things ofany kind. 2.
NECESSARIES (1).
necessities oflife. See NECESSARIES (1).
necessitous, adj. (17c) Living in a state ofextreme want;
hard up.
necessitous circumstances. (17c) The situation of one
who is very poor; extreme want.
necessitudo (m-ses-i"t[y]oo-doh), n. [Latin "need"] Hist.
1. An obligation. 2. A close connection or relationship
between persons, such as a family relationship.
necessity. 1. Criminal law. A justification defense for a
person who acts in an emergency that he or she did
not create and who commits a harm that is less severe
than the harm that would have occurred but for the
person's actions . For example, a mountain climber
lost in a blizzard can assert necessity as a defense to
theft offood and blankets from another's cabin. -Also
termed choice ofevils; duress ofcircumstances; lesser
evils defense. See lesser-evils defense under DEFENSE
(1). [Cases: Criminal Law (;:::c38.] 2. Torts. A privilege
that may relieve a person from liability for trespass
or conversion if that person, having no alternative,
harms another's property in an effort to protect life
or health.
"In some cases even damage intentionally done may not
involve the defendant in liability when he is acting under
necessity to prevent a greater evil. The preCise limits of the
defence are not clear, for it has affinities with certain other
defences, such as act of God, self-help, duress, or inevi
table accident. It is distinguishable from self-defence on
the ground that this presupposes that the plaintiff


or inevi
table accident. It is distinguishable from self-defence on
the ground that this presupposes that the plaintiff is prima
facie a wrongdoer: the defence of necessity contemplates
the infliction of harm on an innocent plaintiff. The defence,
if it exists, enables a defendant to escape liability for the
intentional interference with the security of another's
person or property on the ground that the acts complained
of were necessary to prevent greater damage to the com
monwealth or to another or to the defendant himself, or to
their or his property. The use of the term necessity serves
to conceal the fact that the defendant always has a chOice
between two evils. This is what distinguishes the defence
of necessity from that of impossibility." R.FV Heuston,
Salmond on the Law of Torts 493 (17th ed. 1977).

1131
manifest necessity. (17c) A sudden and overwhelming
emergency, beyond the court's and parties' control,
that makes conducting a trial or reaching a fair result
impossible and that therefore authorizes the granting
of a mistrial.  1he standard of manifest necessity
must be met to preclude a defendant from success
fully raising a plea offormer jeopardy after a mistrial.
[Cases: Double Jeopardy (;:::)99.]
military necessity. See MILITARY NECESSITY.
moral necessity. (I7c) A necessity arising from a duty
incumbent on a person to act in a particular way.
physical necessity. (17c) A necessity involving an actual,
tangible force that compels a person to act in a par
ticular way.
private necessity. (l6c) Torts. A necessity that involves
only the defendant's personal interest and thus
provides only a limited privilege . For example, if
the defendant harms the plaintiff's dock by keeping
a boat moored to the dock during a hurricane, the
defendant can assert private necessity but must com
pensate the plaintiff for the dock's damage. [Cases:
Negligence C-510(3).]
public necessity. (16c) Torts. A necessity that involves
the public interest and thus completely excuses the
defendant's liability . For example, if the defendant
destroys the plaintiff's house to stop the spread of a
fire that threatens the town, the defendant can assert
public necessity.
3. RULE OF NECESSITY.
necessity defense. See TUSTIFICA TION (2).
neck verse. Hist. A verse, usu. consisting ofthe opening
verse ofPsalm 51 (Miserere mei, Deus "Have mercy on
me, 0 God "), which was used as a literacy test for an
accused who claimed benefit of clergy. An accused
who read the passage satisfactorily would not receive
the maximum sentence (the person's neck would be
saved). Although judges could assign any passage, they
usu. chose Psalm 51, so that for many years criminals
memorized this verse and pretended to read it. Still, the
records show that many accused persons failed the test.
The reading ofthe neck verse was abolished in 1707. See
BENEFIT OF CLERGY.
"During the fourteenth and fifteenth centuries the judges'
attitudes to benefit of clergy changed completely, and
they came to see it as a regular means of escape from
the mandatory death penalty. Physical appearance was
disregarded, and reading became the sole test of clerical
status. When a man was convicted of a felony, he would
fall on his knees and 'pray the book'; he would then be
tendered a passage from the psalter, known as the neck
verse, and if he could read or recite it satisfactorily his
clergy was taken to be proved .... Strictly speaking, the
deciSion whether the convict read 'as a clerk' was for the
ordinary; but he was subject to the control of the judges,
and could be fined for refusing to accept someone. By the
end of the sixteenth century as many as half of all men
convicted of felony were recorded as having successfully
claimed benefit of clergy." J.H. Baker, An Introduction to
English Legal History 587 (3d ed. 1990). neexeat
nec manifestum (nek man-i-fes-t<lm). [Latin] Civil law.
Not manifest.  The phrase usu. referred to a theft in
which the thief was not caught in the act.
ne conjuges mutuo amore se invicem spolient (nee k<ln
joo-jeez myoo-choo-oh <l-mor-ee see in-VI-S<lm spoh
lee-<lnt). [Latin] Roman & civil law. Lest spouses through
their mutual love should impoverish one another.
The phrase appeared in reference to the rationale for
holding that donations between husband and wife were
invalid. A similar phrase, ne mutuato amore invicem
spoliarentur ("lest they should be impoverished by each
other through their mutual affection"), was also used.
necropsy (nek-rop-see), See AUTOPSY (1).
ne disturba pas (n<l di-st<lr-b<l pah), n. [Law French" did
not disturb"] Eccles. law. A defendant's general denial
(plea ofthe general issue) in a quare impedit action. See
QUARE IMPEDIT.
ne dominia rerum sint incerta, neve lites sint perpetuae
(nee d<l-min-ee-d reer-<lm sint in-s<lr-t<l, nee-vee h-teez
sint p<lr-pech-oo-ee), [Latin] Hist. Lest the ownership
of things should remain uncertain or lawsuits never
come to an end. The phrase appeared in reference to
the principle on which all actions prescribed after (usu.)
30 years. See PRESCRIPTION.
ne dona pas (n<l doh-n<l pah), n. [Law French "did not
give"] Hist. A defendant's general denial (plea of the
general issue) in a formedon action, alleging that the
plaintiff was given the right to land under a gift of
tail. Also termed non dedit. See FORMEDON.
nee (nay), adj. [French] (17e) (Of a woman) born.
This term is sometimes used after a married woman's
name to indicate her maiden name <Mrs. Robert Jones,
nee Thatcher>. The masculine form (not common in
English) is nt? Also spelled nee.
need, n. (bef. 12c) 1. "The lack ofsomething important; a
requirement. 2. Indigence. -need, vb.
needy, adj. (12c) 1. Needful; necessary, 2. Indigent; very
poor. Needy implies a more permanent and less urgent
condition than necessitous. See NECESSITOUS.
ne exeat (nee ek-see-dt [or ek-see-atJ). [Latin "that he not
depart"]. 1. A writ restraining a person from leaving
the republk; speci., an equitable writ ordering the
person to whom it is addressed not to leave the juris
diction of the court or the state. Ne exeat writs are
usu. issued to ensure the satisfaction ofa claim against
the defendant. The full phrase is ne exeat republica (nee
ek-see-<lt [or ek-see-at] ri-p<lb-li-k<lh) [Latin "let him
not go out ofthe republic"]. 2. Family law. An equitable
writ restraining a person from leaving, or removing a
child or property from, the jurisdiction . A ne exeat is
often issued to prohibit a person from removing a child
or property from the jurisdiction and sometimes
from leaving the jurisdiction. -Also termed writ of
ne exeat; ne exeat republica; ne exeat regno. [Cases: Ne
Exeat (;:::> 1.]
"The district courts of the United States ... shall have
such jurisdiction to make and issue in civil actions, writs
and orders of injunction, and of ne exeat republica,

1132 ne exeat regno
orders appointing receivers, and such other orders and
processes ... as may be necessary or appropriate for the
enforcement of the internal revenue laws." IRC (26 USCA)
 7402(a).
"Such a writ [ne exeat] might be issued upon the commence
ment of the suit for equitable relief, during the pendency of
the suit, or upon issuance of the final decree to secure its
enforcement. But such writ related primarily to the person
of the defendant and issued only upon satisfactory proof
that he planned or intended to remove himself beyond the
court's jurisdiction so that he might escape obedience to
such command as might be or had been laid upon him.
The writ has been frequently termed an equitable bail. It
involves taking and keeping the defendant in custody until
he gives bailor bond in a designated amount, conditioned
upon his keeping himself amenable to the effective pro
cesses of the court." William Q. de Funiak, Handbook of
Modern Equity 21 (2d ed. 1956).
ne exeat regno. See NE EXEAT.
ne exeat republica. See NE EXEAT.
nefas (nee-fas), n. [Latin ne "not" +fas "right"] 1. Roman
law. Something that the gods forbid. 2. Roman law.
Something against the law or custom. 3. Hist. Some
thing that is wicked. Cf. FAS.
nefastus (ni-fas-t;}s), n. [Latin ne "not" +fastus "lawful for
public business"] Roman law. A day when it is unlawful
to open the courts, administer justice, or hold public
assemblies. The priests in charge of supervising the
laws and religious observances established an official
calendar, on which certain days, marked "nefasti," were
to be devoted to religious or public ceremonies. -Also
termed dies nefasti. Cf. dies fasti under DIES.
negate, vb. (I7c) 1. To deny. 2. To nullify; to render inef
fective.
negative, adj. (I5c) 1. Of or relating to something bad;
not positive <a negative attitude>. 2. Of or relating
to refusal of consent; not affirmative <a negative
answer>.
negative, n. (I6c) 1. A word or phrase ofdenial or refusal
<"no" and "not" are negatives>. 2. A word expressing
the opposite of the positive <two negatives and one
positive>. 3. The original plate or film of a photo
graph, on which light and shadows are the opposite of
the positive images later created and printed <not only
the pictures, but also the negatives, were required to be
returned>. 4. Archaic. The power of veto <the king's
negative has eroded>.
negative, vb. (ISc) To negate; to deny, nullify, or render
ineffective <the jury negatived fraud>.
negative act. See ACT.
negative amortization. See AMORTIZATION.
negative averment. See AVERMENT.
negative cash flow. See CASH FLOW.
negative causation. See CAUSATION.
Negative Commerce Clause. See Dormant Commerce
Clause under COMMERCE CLAUSE.
negative condition. See CONDITION (2).
negative contingent fee. See reverse contingent fee under
CONTINGENT FEE. negative covenant. See COVENANT (1).
negative defense. See DEFENSE (1).
negative disinheritance. See DISINHERITANCE.
negative duty. See DUTY (1).
negative easement. See EASEMENT.
negative equity. See EQUITY (7).
negative evidence. See EVIDENCE.
negative externality. See EXTERNALITY.
negative limitation. Patents. In a patent application, a
claim that describes what the element is not or does
not do, rather than what it is or does . Although older
caselaw held that a negative limitation rendered a claim
indefinite, more recent decisions allow those that define
a clear alternative as long as the claim is not overbroad.
[Cases: Patents (:::::0 101(3).]
negative misprision. See MISPRISION.
negative plea. See PLEA (3).
negative-pledge clause. (1935) 1. A provision requiring a
borrower, who borrows funds without giving security,
to refrain from giving future lenders any security
without the consent of the first lender. 2. A provision,
usu. in a bond indenture, stating that the issuing entity
will not pledge its assets ifit will result in less security
to the bondholders under the indenture agreement.
negative pregnant. (I7c) A denial implying its affir
mative opposite by seeming to deny only a qualifica
tion of the allegation and not the allegation itself .
An example is the statement, "I didn't steal the money
last Tuesday," the implication being that the theft
might have happened on another day. -Also termed
negative pregnant with an affirmative. Cf. AFFIRMATIVE
PREGNANT. [Cases: Pleading (:::::0 126.]
negative prescription. See PRESCRIPTION (4).
negative proof. See PROOF.
negative reprisal. See REPRISAL.
negative right. See RIGHT.
negative servitude. See SERVITUDE (2).
negative statute. See STATUTE.
negative testimony. See negative evidence under
EVIDENCE.
negative veto. See qualified veto under VETO.
neglect, n. (16c) 1. The omission of proper attention
to a person or thing, whether inadvertent, negligent,
or willful; the act or condition of disregarding. 2.
The failure to give proper attention, supervision, or
necessities, esp. to a child, to such an extent that harm
results or is likely to result. Cf. ABUSE. -neglect, vb.
neglectful, adj.
"'Neglect' is not the same thing as 'negligence'. In the
present connection the word 'neglect' indicates, as a purely
objective fact, that a person has not done that which it
was his duty to do; it does not indicate the reason for this
failure. 'Negligence,' on the other hand, is a subjective
state of mind, and it indicates a particular reason why the
man has failed to do his duty, namely because he has not

1133
kept the performance of the duty in his mind as he ought
to have done. A man can 'neglect' his duty either intention
ally or negligently." J.W. Cecil Turner, Kenny's Outlines


A man can 'neglect' his duty either intention
ally or negligently." J.W. Cecil Turner, Kenny's Outlines of
Criminal Law 108 n.1 (l6th ed. 1952).
child neglect. (1930) The failure of a person respon
sible for a minor to care for the minor's emotional
or physical needs . Child neglect is a form of child
abuse. Local child-welfare departments investigate
reports of child neglect. In a severe case, criminal
charges may be filed against a person suspected of
child neglect. [Cases: Infants C=> 156.]
culpable neglect. (I8c) Censurable or blameworthy
neglect; neglect that is less than gross carelessness
but more than the failure to use ordinary care.
developmental neglect. Failure to provide necessary
emotional nurturing and physical or cognitive stimu
1ation' as a result of which a child could suffer from
serious developmental delays. [Cases: Infants C=>
156.]
educational neglect. Failure to ensure that a child
attends school in accordance with state law. [Cases:
Infants G 159.]
excusable neglect. (1855) A failure which the law will
excuse -to take some proper step at the proper time
(esp. in neglecting to answer a lawsuit) not because
ofthe party's own carelessness, inattention, or willful
disregard ofthe court's process, but because of some
unexpected or unavoidable hindrance or accident or
because of reliance on the care and vigilance of the
party's counselor on a promise made by the adverse
party. [Cases: Federal Civil Procedure G'2448, 2656;
Judgment 362.]
inexcusable neglect. (18c) Unjustifiable neglect; neglect
that implies more than unintentional inadvertence.
 A finding of inexcusable neglect in, for example,
failing to file an answer to a complaint will prevent
the setting aside of a default judgment. [Cases: Federal
Civil Procedure C=>2448, 2656; Judgment C=: 143,
362.]
medical neglect. Failure to provide medical, dental,
or psychiatric care that is necessary to prevent or to
treat serious physical or emotional injury or illness. _
In determining whether a parent's refusal to consent
to medical treatment is neglectful, courts use any
of three approaches: (1) an ad hoc test, (2) a best
interests-of-the-child test, or (3) a balancing test that
weighs the interests ofthe parents, the child, and the
state. Cf. FAITH-HEALING EXEMPTION. [Cases: Infants
C:::>159.]
physical neglect. Failure to proVide necessaries, the lack
ofwhich has caused or could cause serious injury or
illness. [Cases: Infants C=> 156.]
willful neglect. (18c) Intentional or reckless failure to
carry out a legal duty, esp. in caring for a child. [Cases:
Infants G 156.]
neglected child. See CHILD.
neglect hearing. See HEARING. negligence
neglegentia (neg-li-jen-shee-d), n. [Latin] Roman law.
Carelessness; inattentive omission . Neglegentia can
be ofvarying degrees, which mayor may not result
in actionable liability. -Also spelled negligentia. See
CULPA. Cf. DILIGENTIA.
"In the sources negligentia is tantamount to culpa, and
similarly graduated (magna, lata negligentia). Precision in
terminology is no more to be found here than in the field
of culpa. One text declares ... 'gross negligence (magna
negligentia) is culpa, magna culpa is dolus'; another says:
'gross negligence (disso/uta negligentia) is near to dolus
(prope dolum).' In the saying 'lata culpa is exorbitant
(extreme) negligence, Le., not to understand (intelligere)
what all understand' ... negligentia is identified with igno
rance." Adolf Berger, Encyclopedic Dictionary ofRoman Law
593 (1953).
lata neglegentia (lay-t;) neg-li-jen-shee-;}). Extreme
negligence resulting from an unawareness of some
thing that the actor should have known.
magna neglegentia (mag-nd neg-li-jen-shee-a). See
gross negligence under NEGLIGENCE.
negligence, n. (14c) 1. The failure to exercise the standard
ofcare that a reasonably prudent person would have
exercised in a similar situation; any conduct that falls
below the legal standard established to protect others
against unreasonable risk of harm, except for conduct
that is intentionally, wantonly, or willfully disregard
ful of others' rights . The term denotes culpable care
lessness. The Roman-law equivalents are culpa and
neglegentia, as contrasted with dolus (wrongful inten
tion). -Also termed actionable negligence; ordinary
negligence; Simple negligence. [Cases: Negligence (:::::>
201, 233, 250.] 2. A tort grounded in this failure, usu.
expressed in terms of the follOWing elements: duty,
breach of duty, causation, and damages. [Cases: Neg
ligence (~202.J
"Negligence in law ranges from inadvertence that is hardly
more than accidental to Sinful disregard of the safety of
others." Patrick Devlin, The Enforcement of Morals 36
(1968).
"During the first half of the nineteenth century, negligence
began to gain recognition as a separate and independent
basis of tort liability. Its rise coincided in a marked degree
with the Industrial Revolution; and it very probably was
stimulated by the rapid increase in the number of aCCidents
caused by industrial machinery, and in particular by the
invention of railways. It was greatly encouraged by the
disintegration of the old forms of action, and the disap
pearance of the distinction between direct and indirect
injuries, found in trespass and case ... Intentional
injuries, whether direct or indirect, began to be grouped
as a distinct field of liability. and negligence remained
as the main basiS for unintended torts. Negligence thus
developed into the dominant cause of action for accidental
injury in this nation today." W. Page Keeton et aI., The Law
ofTorts  28, at 161 (W. Page Keeton ed., 5th ed. 1984).
"Negligence is a matter of risk -that is to say. of recogniz
able danger of injury. .. In most Instances, it is caused
by heedlessness or inadvertence, by which the negligent
party is unaware of the results which may follow from his
act. But it may also arise where the negligent party has
conSidered the possible consequences carefully, and has
exercised his own best judgment. The almost universal use
of the phrase 'due care' to describe conduct which is not
negligent should not obscure the fact that the essence of
negligence is not necessarily the absence of soliCitude for

1134 negligence
those who may be adversely affected by one's actions but
is instead behavior which should be recognized as involv
ing unreasonable danger to others." Id., at 169.
active negligence. (1875) Negligence resulting from an
affirmative or positive act, such as driving through a
barrier. Cf. passive negligence.
advertent negligence. (1909) Negligence in which the
actor is aware ofthe unreasonable risk that he or she
is creating; RECKLESSNESS. Also termed willful neg
ligence; supine negligence.
casual negligence. A plaintiff's failure to (1) pay rea
sonable attention to his or her surroundings, so as to
discover the danger created by the defendant's neg
ligence, (2) exercise reasonable competence, care,
diligence, and skill to avoid the danger once it is per
ceived, or (3) prepare as a reasonable person would to
avoid future dangers.
collateral negligence. An independent contractor's
negligence, for which the employer is not
liable. See COLLATERAL-NEGLIGENCE DOCTRINE.
comparative negligence. (1862) A plaintiff's own negli
gence that proportionally reduces the damages recov
erable from a defendant. -Also termed comparative
fault. See COMPARATIVE-NEGLIGENCE DOCTRINE.
[Cases: Negligence D549.]
concurrent negligence. (1831) The negligence of two
or more parties acting independently but causing the
same damage. Cf. joint negligence.
contributory negligence. (1822) 1. A plaintiff's own
negligence that played a part in causing the plain
tiff's injury and that is significant enough (in a few
jurisdictions) to bar the plaintiff from recovering
damages. In most jurisdictions, this defense has
been superseded by comparative negligence. See CON
TRIBUTORY-NEGLIGENCE DOCTRINE; DISTRACTION
DOCTRINE. [Cases: Negligence 2. Rare. The
negligence ofa third party neither plaintiff nor
the defendant whose act or omission played a part
in causing the plaintiff's injury. [Cases: Negligence
D540.j
"The contributory negligence of a third party is no excuse
for the negligence of the defendant." Thomas E. Holland,
The Elements ofJurisprudence 154 (13th ed. 1924).
criminal negligence. (1838) Gross negligence so
extreme that it is punishable as a crime. For
example, involuntary manslaughter or other negli
gent homicide can be based on criminal negligence,
as when an extremely careless automobile driver kills
someone. -Also termed culpable negligence; gross
negligence. [Cases: Criminal Law D23; Negligence
D 1800~1802.]
"Though the legislatures and the courts have often made
it clear that criminal liability generally requires more fault
than the ordinary negligence which will do for tort liability,
they have not so often made it plain just what is required
in addition to tort negligence greater risk, subjective
awareness of the risk, or both. Statutes are sometimes
worded in terms of 'gross negligence' or 'culpable negli
gence' or 'criminal negligence,' without any further defini
tion of these terms .... The courts thus have had to do their best with little guidance from the legislature, with varying
results." Wayne R. LaFave & Austin W. Scott Jr., Criminal Law
 3.7, at 235-37 (2d ed. 1986).
culpable negligence. (l7c) 1. Negligent conduct that,
while not intentional, involves a disregard of the con
sequences likely to result from one's actions. 2. See
criminal negligence.
"'Culpable negligence,' while variously defined, has been
held incapable of exact definition; it means something
more than negligence .... In connection with negligence,
the word 'culpable' is sometimes used in the sense of
'blamable,' and it has been regarded as expressing the
thought of a breach of a duty or the commission of a fault;
but culpable negligence has been held to amount to more
than 'blameworthy' conduct .... It does not involve the
element of intent .... On the other hand, it has been said
to be intentional conduct which the actor may not intend to
be harmful but which an ordinary and reasonably prudent
man would recognize as involving a strong probability of
injury to others." 65 c.J.5. Negligence  1(13) (1966).
gross negligence. (16c) 1. A lack of slight diligence or
care. [Cases: Negligence ~~273.]2. A conscious, vol
untary act or omission in reckless disregard of a legal
duty and of the consequences to another party, who
may typically recover exemplary damages. Also
termed reckless negligence; wanton negligence; willful
negligence; willful and wanton negligence; hazardous
negligence; magna neglegentia. [Cases: Damages
91.5(1); Negligence ~273.] 3. See criminal negli
gence.
"Negligence is gross if the precautions to be taken against
harm are very simple, such as persons who are but poorly
endowed with physical and mental capacities can easily
take." H.L.A. Hart, "Negligence, Mens Rea and Criminal
Responsibility," in Punishment and Responsibility 136, 149
(1968).
"Cross Negligence. As it originally appeared, this was very
great negligence, or the want of even slight or scant care.
It has been described as a failure to exercise even that
care which a careless person would use. Several courts,
however, dissatisfied with a term so nebulous ... have
construed gross negligence as requiring willful, wanton,
or reckless misconduct, or such utter lack of all care as will
be evidence thereof .... But it is still true that most courts
consider that 'gross negligence' falls short of a reckless
disregard of the consequences, and differs from ordinary
negligence only in degree, and not in kind." Prosser and
Keeton on the Law ofTorts  34, at 211-12 (W. Page Keeton
ed., 5th ed. 1984).
hazardous negligence. 1. Careless or reckless conduct
that exposes someone to extreme danger ofinjury or
to imminent periL 2. See gross negligence (2).
imputed negligence. (18c) Negligence of one person
charged to another; negligence resulting from a
party's special relationship with another party who
is originally negligent -so that, for example, a parent
might be held responsible for some acts of a child.
[Cases: Negligence (~483, 575; Parent and Child (';:;)
l3.5(2), 13.5(4).]
inadvertent negligence. (I8c) Negligence in which the
actor is not aware ofthe unreasonable risk that he or


vertent negligence. (I8c) Negligence in which the
actor is not aware ofthe unreasonable risk that he or
she is creating, but should have foreseen and avoided
it. -Also termed simple negligence.

1135
joint negligence. (lSc) The negligence of two or more
persons acting together to cause an accident. Cf. con
current negligence.
legal negligence. See negligence per se.
negligence in law. Failure to observe a duty imposed by
law. See negligence per se; legal negligence.
negligence per se. (1841) Negligence established as a
matter of law, so that breach of the duty is not a jury
question. -Negligence per se usu. arises from a statu
tory violation. Also termed legal negligence. [Cases:
Negligence (;:=259.]
ordinary negligence. (16c) 1. Lack of ordinary dili
gence; the failure to use ordinary care. -The term is
most commonly used to differentiate between
ligence and gross negligence. [Cases: Negligence
232.] 2. NEGLIGE:-ICE (1).
passive negligence. (18c) Negligence resulting from a
person's failure or omission in acting, such as failing
to remove hazardous conditions from public property.
Cf. active negligence.
professional negligence. See MALPRACTICE.
reckless negligence. See gross negligence.
simple negligence. 1. See inadvertent negligence. 2. See
NEGLIGENCE (1).
slight negligence. (lSc) The failure to exercise the great
care of an extraordinarily prudent person, resulting in
liability in special circumstances (esp. those involving
bailments or carriers) in which lack of ordinary care
would not result in liability; lack ofgreat diligence.
subsequent negligence. (lS27) The negligence of the
defendant when, after the defendant's initial negli
gence and the plaintiff's contributory negligence, the
defendant discovers -or should have discovered
that the plaintiff was in a position of danger and
fails to exercise due care in preventing the plaintiff's
injuries. -Also termed supervening negligence. See
LAST-CLEAR-CHANCE DOCTRINE. [Cases: Negligence
(;:=530.1
supine negligence. See advertent negligence.
tax negligence. Negligence arising out ofthe disregard
oftax-payment laws, for which the Internal Revenue
Service may impose a penalty -5% of the amount
underpaid. IRC (26 USCA)  6651(a). [Cases: Internal
Revenue (;:5219.J
wanton negligence. See gross negligence.
willful and wanton negligence. See gross negligence.
willful negligence. 1. See advertent negligence. 2. See
gross negligence.
negligence rule. (1914) Commercial law. The principle
that if a party's negligence contributes to an unau
thorized signing or a material alteration in a nego
tiable instrument, that party is estopped from raising
this issue against later parties who transfer or pay the
instrument in good faith. -Examples of negligence
include leaving blanks or spaces on the amount line of
the instrument, erroneously mailing the instrument to negligent infliction of emotional distress
a person with the same name as the payee, and failing
to follow internal procedures designed to prevent forg
eries. [Cases: Banks and Banking (;:= 148(3); Bills and
Notes (;:=279,365(2).]
negligent, adj. (14c) Characterized by a person's failure
to exercise the degree of care that someone of ordinary
prudence would have exercised in the same circum
stance <the negligent driver went through the stop
sign> <negligent construction caused the bridge to
collapse>.[Cases: Automobiles 146; Negligence
(;::~~200, 232.]- negligently, adv.
"[AJ careful consideration is needed of the differences
between the meaning of expressions like 'inadvertently'
and 'while his mind was a blank' on the one hand, and
'negligently' on the other. In ordinary English, and also in
lawyers' English, when harm has resulted from someone's
negligence, if we say of that person that he has acted neg
ligently we are not thereby merely describing the frame of
mind in which he acted. 'He negligently broke a saucer' is
not the same kind of expression as 'he inadvertently broke
a saucer'. The point of the adverb 'inadvertently' is merely
to inform us of the agent's psychological state, whereas if
we say 'He broke it negligently' we are not merely adding to
this an element of blame or reproach, but something quite
specific. viz. we are referring to the fact that the agent
failed to comply with a standard of conduct with which any
ordinary reasonable man couldand would have complied: a
standard requiring him to take precautions against harm.
The word 'negligently', both in legal and in nonlegal
contexts, makes an essential reference to an omission to
do what is thus required: it is not a flatly descriptive psy
chological expression like 'his mind was a blank'," H.L.A.
Hart, "Negligence, Mens Rea and Criminal Responsibility,"
in Punishment and Responsibility 136, 147-48 (1968).
negligent act. See ACT.
negligent conversion. See technical conversion under
CONVERSION (2).
negligent entrustment. (1944) The act ofleaving a dan
gerous article (such as a gun or car) with a person who
the lender knows, or should know. is likely to use it in
an unreasonably risky manner. [Cases: Automobiles
192(11); Negligence (;:=351-355; Weapons
IS.J
negligent escape. See ESCAPE (3).
negligent hiring. Torts. An employer's lack of care in
selecting an employee who the employer knew or
should have known was unfit for the position, thereby
creating an unreasonable risk that another person
would be harmed.
negligent homicide. See HOMICIDE.
negligentia (neg-li-jen-shee-;l), n. [Latin) Roman law.
See NEGLEGENTIA.
negligent infliction of emotional distress. (1970) The
tort of causing another severe emotional distress
through one's negligent conduct. -Most courts will
allow a plaintiff to recover damages for emotional
distress if the defendant's conduct results in physical
contact with the plaintiff or, when no contact occurs,
ifthe plaintiff is in the zone ofdanger. See EMOTIONAL
DISTRESS: ZONE-OF-DANGER RULE. Abbr. NIED. Cf.
INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS.
[Cases: Damages (;:=57.13.1

1136 negligent manslaughter
negligent manslaughter. See involuntary manslaughter
under MANSLAUGHTER.
negligent misrepresentation. See MISREPRESENTA
TION.
negligent offense. See OFFENSE (1).
negligent tort. See TORT.
nI?goce (ni-gohs), n. [French] Trade; business.
negotiability. (18c) The capability ofcommercial paper
to have its title transferred by indorsement and delivery,
or by delivery alone, so that the transferee has a rightful
claim on it.  Negotiability (which pertains to commer
cial paper) differs from assignability (which pertains to
contracts in general) because an assignee traditionally
takes title subject to all equities, and an assignment is
not complete without notice to the debtor, whereas an
indorsee takes free of all equities and without any notice
to the debtor. [Cases: Bills and Notes C=>144-175.J
negotiable, ad). (18c) 1. (Of a written instrument) capable
ofbeing transferred by delivery or indorsement when
the transferee takes the instrument for value, in good
faith, and without notice of conflicting title claims or
defenses. [Cases: Bills and Notes ~144.]2. (Of a deal,
agreement, etc.) capable ofbeing accomplished. 3. (Of a
price or deal) subject to further bargaining and possible
change. Cf. NONNEGOTIABLE; ASSIGNABLE.
'The term 'negotiable: in its enlarged signification,
is used to describe any written security which may be
transferred by indorsement and delivery, or by delivery
merely, so as to vest in the indorsee the legal title, and
thus enable him to bring a suit thereon in his own name.
But in a strictly commercial classification, and as the term
is technically used, it applies only to those instruments
which, like bills of exchange, not only carry the legal title
with them by indorsement, or delivery, but carry as well,
when transferred before maturity, the right of the trans
feree to demand the full amounts which their faces call
for. 'Assignable' is the more appropriate term to describe
bonds, and ordinary notes, or notes of hand as they are
most commonly called; as 'negotiable' is the more fitting
term to describe the peculiar instruments of commerce." 1
John W. Daniel, A Treatise on the Law ofNegotiable Instru
ments  2, at 3 (Thomas H. Calvert ed., 7th ed. 1933).
negotiable bill oflading. See BILL OF LADING.
negotiable bond. See BOND (2).
negotiable certificate of deposit. See CERTIFICATE OF
DEPOSIT.
negotiable document of title. See DOCUMENT OF
TITLE.
negotiable instrument. (I8c) A written instrument
that (1) is Signed by the maker or drawer, (2) includes
an unconditional promise or order to pay a specified
sum ofmoney, (3) is payable on demand or at a definite
time, and (4) is payable to order or to bearer. UCC
 3-104(a). Also termed negotiable paper; negotiable
note .  Among the various types ofnegotiable instru
ments are bills of promissory notes, bank
checks, certificates of deposit, and other negotiable
securities. [Cases: Bills and Notes 144-175.]
"What are called 'negotiable instruments,' or 'paper to
bearer,' such as bills of exchange, or promissory notes, do really pass from hand to hand, either by delivery or
indorsement, giving to each successive recipient a right
against the debtor, to which no notice to the debtor is
essential, and which, if the paper is held bona fide and for
value, is unaffected by flaws in the title of intermediate
assignors." Thomas E. Holland, The Elements ofJurispru
dence 315-16 (13th ed. 1924).
"'One must first understand that a negotiable instrument
is a peculiar animal and that many animals calling for the
payment of money and others loosely called 'commercial
paper' are not negotiable instruments and not subject to
the rules of Article 3." James J. White & Robert 5. Summers,
2 Uniform Commercial Code  16-1, at 70 (4th ed. 1995).
negotiable note. See NEGOTIABLE INSTRUMENT.
negotiable order of withdrawal. A negotiable instru
ment (such as a check) payable on demand and issued
against funds deposited with a financial institution.
Abbr.NOW.
negotiable-order-of-withdrawal account. See NOW
account under ACCOUNT.
negotiable paper. See NEGOTIABLE INSTRUMENT.
negotiable words. (1819) The terms and phrases that
make a document a negotiable instrument. -Also
termed words ofnegotiability. See NEGOTIABLE INSTRU
MENT. [Cases: Bills and Notes
negotiate, vb. (16c) 1. To communicate with another
party for the purpose of reaching an understanding
<they negotiated with their counterparts for weeks on
end>. 2. To bring about by discussion or bargaining
<she negotiated a software license agreement>. 3. To
transfer (an instrument) by delivery or indorsement,
whereby the transferee takes the instrument for value,
in good faith, and without notice of conflicting title
claims or defenses <Jones negotiated the check at the
neighborhood bank>. [Cases: Bills and Notes (;::::c 176,
208.]
negotiated agreement. A settlement that disputing
parties reach between themselves, usu. with the help
oftheir attorneys, but without benefit offormal medi
ation. -Also termed negotiated settlement. [Cases:
Compromise and Settlement
negotiated market. See MARKET.
negotiated offering. See OFFERING.
negotiated plea. See PLEA (1).
negotiating bank. See BANK.
negotiation, n. (16c) 1. A consensual bargaining process
in which the parties attempt to reach agreement on a
disputed or potentially disputed matter. Negotia
tion usu. involves complete autonomy for the parties
involved, without the intervention of third parties.
[Cases: Contracts ('::::>25.]
"Negotiation, we may say, ought strictly to be viewed simply
as a means to an end; it is the road the parties must travel
to arrive at their goal of mutually satisfactory settlement.
But like other means, negotiation is easily converted into
an end in itself; it readily becomes a game played for its
own sake and a game played with so little reserve by those
taken up with it that they will sacrifice their own ultimate
interests in order to win it." Lon L. Fuller, Anatomy of the
Law 128 (1968).

1137
2. (usu. pl.) Dealings conducted between two or more
parties for the purpose of reaching an understanding.
3. The transfer ofan instrument by delivery or indorse
ment whereby the transferee takes it for value, in good
faith, and without notice of conflicting title claims or
defenses. See HOLDER IN DUE COURSE. [Cases: Bills and
Notes 176,208.] negotiate, vb. -negotiable,
adj. -


: Bills and
Notes 176,208.] negotiate, vb. -negotiable,
adj. -negotiability, n.
due negotiation. The transfer of a negotiable document
of title so that the transferee takes it free of certain
claims enforceable against the transferor. This is
the good-faith-purchase exception to the doctrine
ofderivative title. VCC  7-501(4); 7-502(1). [Cases:
Warehousemen e=:15.]
negotiation letter ofcredit. See LETTER OF CREDIT.
negotiorum gestio (ni-goh-shee-or-<lm jes-chee-oh),
n. [Latin "management of another's affairs"] Roman
& civil law. A quasi-contractual situation in which
an actor (negotiorum gestor) manages or interferes in
the business transaction of another person (dominus
negotii) in that person's absence, without authority but
out of concern or friendship. La. Civ. Code art. 2292.
 By such conduct, the actor is bound to conduct the
matter to a conclusion and to deliver the transaction's
proceeds to the person, who likewise must reimburse
the actor for any expenses incurred. La. Civ. Code art.
2297. A negotiorum gestio does not exist ifthe gestor
acted self-interestedly or ifthe owner expressly forbade
the gestor from acting on the owner's behalf. See actio
negotiorum gestorum under ACTIO. [Cases: Implied and
Constructive Contracts e=:2.1; Principal and Agent
(:=:149(2).]
"The negotiorum gestio, according to the Civilians, is a
species of spontaneous agency, or an interference by one
in the affairs of another, in his absence, from benevolence
or friendship, and without authority. The negotiorum gestor
acquires no right of property by means of the interfer
ence, and he is strictly bound not only to good faith, but to
ordinary care and diligence; and in some cases he is held
responsible for the slightest neglect." 2 James Kent, Com
mentaries on American Law *616 n.(c) (George Comstock
ed. 11 th ed. 1866).
negotiorum gestor (ni-goh-shee-or-<lm ;es-tor), n. [Latin
"a manager ofanother's affairs"] Roman & civil law. A
person who acts without authority to protect another
person's interests, in the reasonable belief that the
owner would approve the action ifmade aware of the
circumstances. La. Civ. Code art. 2292. 1he actor
has a claim to be compensated by the owner for the
trouble taken, and the owner has a claim for any loss
that results from the negotiorum gestor's fault. Some
times shortened to gestor. See NEGOTIORUM GESTIO. Pi.
negotiorum gestores.
negotium (ni-goh-shee-<lm), n. [Latin] Roman law. 1. A
matter; an affair, as in negotium absentis, a matter con
cerning an absent person. 2. A transaction; an agree
ment. 3. A trade; a business. 4. A civil or criminal trial.
PI. negotia.
NEH. abbr. NATIONAL ENDOWMENT FOR THE HUMANI
TIES. ne injuste vexes
n.e.i. abbr. NON EST INVENTUS.
neife (neef), n. [Law French] Hist. A person born into
bondage or serfdom; speci., a female serf. -Also
spelled naij; neif; niefe.
'"For the children of villeins were also in the same state
of bondage with their parents; whence they were called
in Latin, nativi, which gave rise to the female appellation
of a villein, who was called a neife." 2 William BlaCkstone,
Commentaries on the Laws of England 93-94 (1766).
neighbor, n. (bef. 12c) l. A person who lives near another
<Jensen's neighbor spotted the fire>. 2. A person or
thing situated near something <Canada is the United
States' neighbor to the north>. 3. A person in relation
to humankind <love thy neighbOr>.
neighborhood. (I5c) 1. 'The immediate vicinity; the area
near or next to a specified place. 2. People living in a
particular vicinity, usu. forming a community within
a larger group and having similar economic statuses
and social interests. 3. The condition of being close
together.
neighborhood effect. See EXTERNALITY.
neighboring right. (usu. pl.) Copyright. An intellectual
property right of a performer or ofan entrepreneur
such as a publisher, broadcaster, or producer, as dis
tinguished from a moral right belonging to an author
or artist as the work's creator . In civil-law systems,
neighboring rights and moral rights are typically pro
tected by different laws, while in common-law systems
both are typically protected by the same copyright
laws. Also termed related right; entrepreneurial right;
(in French) droit voisins; (in German) Leistungsschutz
recht; (in Italian) diritto connessi. Cf MORAL RIGHTS.
[Cases: Copyrights and Intellectual Property
41(3).]
"Civil law countries have generally, but not conSistently,
consigned protection of collaborative technological pro
ductions to regimes of neighboring rights. Common law
countries, with their utilitarian emphasis on the products
rather than the processes of creative work, have gener
ally, but not consistently, included these productions in
the subject matter of copyright, alongside such traditional
objects as novels and musical works" Paul Goldstein.
International Copyright: Principles, Law, and Practice 157
(2001).
neighbor principle. (1963) The doctrine that one must
take reasonable care to avoid acts or omissions that
one can reasonably foresee will be likely to injure
one's neighbor. _ According to this principle, neighbor
includes all persons who are so closely and directly
affected by the act that the actor should reasonably
think of them when engaging in the act or omission
in question.
ne injuste vexes (nee in-jOls-tee vek-seez), n. [Law Latin
"do not trouble unjustly"] Hist. A writ prohibiting a
lord from demanding more services from a tenant than
the tenure allowed.
"The writ of ne injuste vexes . .. which prohibits distresses
for greater services than are really due to the lord; being
itself of the prohibitory kind, and yet in the nature of a
writ of right. It lies, where the tenant in fee-simple and his
ancestors have held of the lord by certain services; and

1138 neither party
the lord hath obtained seisin of more or greater services,
by the inadvertent payment or performance of them by
the tenant himself. Here the tenant cannot ... avoid the
lord's possessory right, because of the seisin given by his
own hands; but is driven to this writ, to devest the lord's
possession, and establish the mere right of property, by
ascertaining the services, and reducing them to their
proper standard." 3 William Blackstone, Commentaries on
the Laws ofEngland 234 (1768).
neither party. A docket entry reflecting the parties'
agreement not to continue to appear to prosecute and
defend a lawsuit.  This entry is equivalent to a dis
missal.
ne luminibus officiatur (nee loo-min-i-b<ls a-fish-ee
ay-t<lr). [Latin "that lights be not impeded"] Roman
law. An urban praedial servitude restraining a hom
eowner from constructing anything that blocks light
to an adjoining house.
nem. con. abbr. NEMINE CONTRADICENTE.
nemine contradicente (nem-i-nee kahn-tra-di-sen-tee).
Iff. Latin nemo "nobody" + contradicere "contradict"]
Without opposition or dissent . This phrase expresses
the lack of opposition by members of a court, legisla
tive body, or other group to a resolution or vote <the
motion passed nemine contradicente>. It is used in
the British House of Commons. -Abbr. nem. con.;
n.c.d. Also termed nemine dissentiente. Cf. NEMINE
DISSENTIENTE.
nem. dis. abbr. NEMINE DISSENTIENTE.
nemine dissentiente (nem-i-nee di-sen-shee-en-tee). [fro
Latin nemo "nobody" + dissentio "dissents"] Without
opposition or dissent; NEMINE CONTRADICENTE . This
phrase is used in the British House of Lords. -Abbr.
nem dis.; n.d. Cf. NEMINE CONTRADICENTE.
nemo (nee-moh), n. [Latin] No one; no man . This term
is the first word of many Latin maxims, such as nemo
est supra leges ("no one is above the law").
ne mutuato amore invicem spoliarentur (nee myoo
choo-ay-toh <l-mor-ee in-vI-sam spoh-Iee-a-ren-tar).
[Latin] See NE CONJUGES MUTUO AMORE SE INVICEM
SPOLlENT.
neonatal {nee-oh-nayt-al}, adj. (1902) Of or relating to
the first four weeks oflife. Cf. PERINATAL. -neonate
(nee-oh-nayt or nee-<l-nayt), 11.
neonaticide. See INFANTICIDE (1).
neonatology (nee-oh-nay-tol-a-jee or nee-a-na-tol-a-jee),
n. The branch of medicine dealing with the develop
ment of newborn children, as well as various disorders
of early infancy. neonatological (nee-oh-nay-ta-Ioj
i-kal or nee-a-), adj. neonatologist (nee-oh-nay-tol
a-jist or nee-a-na-tol-a-jist), n.
NEPA (nee-pa). abbr. NATIONAL ENVIRONMENTAL
POLlCY ACT.
nephew. (14c) 1. The son of a person's brother or sister;
sometimes understood to include the son ofa person's
brother-in-law or sister-in-law . This term is extended
in some wills to include a grandnephew. Cf. NIECE.
[Cases: Descent and Distribution C=-32.] half nephew. The son of one's half brother or half
sister.
2. Rist. A grandchild. 3. Hist. A descendant.
"[NJephew. . a son's or daughter's son, a grandson (also ...
a granddaughter), later also a brother's or sister's son, a
nephew, in general a descendant .... The application, as
with all other terms denoting relationship beyond the first
degree, formerly varied ('grandson,' 'nephew,' 'cousin,'
'kinsman,' etc.); its final exclusive use for 'nephew' instead
of 'grandson' is prob. due in part to the fact that, by reason
of the great difference in age, a person has comparatively
little to do with his grandsons, if he has any, while nephews
are proverbially present and attentive, if their uncle is of
any importance." 5 The Century Dictionary and Cyclopedia
i 3968 (1895).
nepos (nep-ohs), n. [Latin] 1. Roman law. A grandson. 2.
Hist. A nephew . The term nepos later became neveu
and then "nephew." See NEPHEW.
nepotism (nep-<l-tiz-am), n. (17c) Bestowal of official
favors on one's relatives, esp. in hiring.[Cases: Officers
and Public Employees C=29.] nepotistic (nep-<l
tis-tik), adj.
neptis (nep-tis), n. [Latin] Hist. 1. A granddaughter. 2.
A female descendant.
ne relessa pas (na ra-Ies-;) pah), n. [Law French "did
not release"] A plaintiffs reply to a defendant's plea of
release as a defense to liability in a case.
nerve-center test. A method courts sometimes use to
determine the location of a company's principal place
of business by examining where the company's central
decision-making authority lies . Factors include the
locations where the corporate officers, directors, and
(sometimes) shareholders reside, and where they direct
and control the corporation's activities. [Cases: Corpo
rations Federal Courts C=300.J
NESDIS. abbr. National Environmental Satellite, Data,
and Information Service. See NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION.
net, n. (lSc) 1. An amount of money remaining after a
sale, minus any deductions for expenses, commissions,
and taxes. [Cases: Sales 2. The gain or loss from
a sale ofstock. 3. See net under WEIGHT.
net assets. See net worth under WORTH.
net asset value. The market value ofa share in a mutual
fund, computed by deducting any liabilities ofthe fund
from its total assets and dividing the difference by the
number of outstanding fund shares. -Abbr. NAV.
Also termed asset value. See MUTUAL FUND.
net balance. See net proceeds under PROCEEDS.
net book cost. See COST (1).
net book value. See OWNER'S EQUITY.
net-capital rules. Securities. Basic financial-responsibil
ity standards adopted by the Securities and Exchange
Commission under the Securities Exchange Act of
1934. Under these rules, securities brokers are
required to maintain a minimum level of capitalization
and to maintain aggregate indebtedness at a level less
than a specified multiple of the broker's net capital. 15

1139
USCA  7BO(c)(3); SEC Rule 15c3-1 (17 CFR  240.l5c3
1. [Cases: Securities Regulation (;::)40.13.]
net cash flow. See CASH FLOW.
net cost. See COST (1).
net