question or point that
has been decided differently by different tribunals and
has therefore been left in doubt. Also termed vexata
quaestio (vek-say-t~ kwes-tee-oh).
v.g. abbr. VERBI GRATIA.
via (vI-a), n. [Latin "way, road"] Roman & civil law. 1. A
road, way, or right-of-way.
via publica (vI-a pab-li-ka). [Latin] Roman & civil law.
A public way or road. The land itself belongs to the
public.
2. Roman law. A type of rural servitude that gave the
holder the right to walk, ride, or drive over anoth
er's land; SERVITUS VIAE. It was broader than and
included the servitus itineris and the servitus actus; that vicar
is, via encompassed both iter (a footpath) and actus (a
driveway). 3. Civil law. The way in which legal proce
dures are followed.
via executiva (VI-~ eg-zek-ya-tI-vd). Civil law. Execu
tory process by which the debtor's property is seized,
without previous citation, for some reason specified
by law, usu. because ofan act or title amounting to a
confession ofjudgment.
via juris (VI-;) joor-is). [Latin] Hist. By means oflaw;
by means oflegal process.
via ordinaria (VI-a or-di-nair-ee-a). Civil law. The
ordinary way or process by which a citation is served
and all the usual forms oflaw are followed.
via action is (VI-;) ak-shee-oh-nis). [Latin] Hist. By way
of an action.
viable (vI-a-b~I), adj. (1832) 1. Capable ofliving, esp.
outside the womb <a viable fetus>. 2. Capable of inde
pendent existence or standing <a viable lawsuit>. 3.
Capable of succeeding <a viable option>. -viability
(vI-d-bil-a-tee), n.
viae servitus (vI-ee s;)r-va-tas). 1. See SERVITUS VIAE.
2. See VIA (2).
via executiva. See VIA (3).
viafacti (VI-a fak-tI), adv. [Law Latin "by way ofdeed"]
By force; in a forcible way.
viagere rente. See RENTE VIAGERE.
via juris. See VIA (3).
via ordinaria. See VIA (3).
via publica. See VIA (1).
via regia (VI-~ ree-jee-~). [Latin "the king's highway"]
Hist. The highway or common road called the "king's
highway" because the king authorized and protected
it.
viatical settlement. See SETTLEMENT (3),
viatication (vI-at-~-kay-sh;)n). [fr. Latin viaticus "relating
to a road or journey"] The purchase ofa terminally or
chronically ill policyholder's life insurance in exchange
for a lump-sum payment equal to a percentage of the
policy's full value. See viatical settlement under SETTLE
MENT.
viator (vI-ay-t<lr). 1. APPARITOR (1). 2. A terminally or
chronically ill life-insurance policyholder who sells
the policy to a third party in return for a lump-sum
payment equal to a percentage ofthe policy's face value.
[Cases: Insurance C~")1994.]
viatorial privilege. See PRIVILEGE (1).
vi aut clam (VI awt klam), adv. [Latin] Roman law. By
force or by stealth.
vi aut metu (VI awt mee-t[y]oo), adv. [Latin] Hist. By
force or fear.
vicar. 1. One who performs the functions of another;
a substitute. 2. The incumbent of an ecclesiastical
benefice. Cf. RECTOR.

1702 vicarage
vicarage (vik-Jr-ij). 1. The benefice of a vicar. 2. The
house or household of a vicar. 3. VICARSHIP.
vicar general. An ecclesiastical officer who helps the
bishop or archbishop in the discharge ofhis office.
vicarial tithe (vI-kair-ee-JI). See TITHE.
vicarious (vI-kair-ee-Js), adj. (17c) Performed or suffered
by one person as substitute for another; indirect; sur
rogate.
vicarious disqualification. See DISQUALIFICATION.
vicarious exhaustion of remedies. See EXHAUSTION OF
REMEDIES.
vicarious infringement. See INFRINGEMENT.
vicarious liability. See LIABILITY.
vicarious performance. See PERFORMANCE.
vicarious reduction to practice. See REDUCTION TO
PRACTICE.
vicarius apostolicus (vI-kair-ee-Js ap-Js-tahl-J-kJs), n.
[Latin "apostolic vicar"] Eccles. law. An officer through
whom the Pope exercises authority in remote regions.
 This officer is sometimes sent with episcopal func
tions into provinces where there is no bishop resident
or where there has long been a vacancy in the see.
vicarship. The office, function, or duty ofa vicar. -Also
termed vicarage.
vice (VIS), n. (14c) 1. A moral failing; an ethical fault.
2. Wickedness; corruption. 3. Broadly, any defect or
failing.
vice (VI-see or VI-SJ), prep. (18c) In the place of; in the
stead of. As a prefix, vice-(VIS) denotes one who takes
the place of.
vice-admiral. Hist. A civil officer exercising admiralty
jurisdiction within a specific locale.
vice-admiralty. 1. The office of a vice-admiral. 2. The
district over which a vice-admiral has jurisdiction.
vice-admiralty court. Hist. A tribunal established in
British possessions beyond the seas, with jurisdiction
over maritime cases, including those related to prize .
 The governor of the colony, in the capacity of "vice
admiral," exercised judicial authority in this court.
vice-chamberlain. Hist. A great officer under the lord
chamberlain . In the lord chamberlain's absence, the
vice-chamberlain would control and command the
officers attached to the part of the royal household
called the "chamber."
vice-chancellor. A judge appointed to act for the chan
cellor, esp. in a chancery court. -Abbr. Vc.
vice-comes (vI-sJ-koh-meez), n. [Law Latin] Hist. 1.
VISCOUNT. 2. SHERIFF. -Also spelled vicecomes.
vicecomes non misit breve. Hist. An entry in a continued
case's record noting that a sheriff has not yet returned
a writ. -Also written vice comes non misit breve; vice
comes non misit breve.
vicecomital (vI-sJ-kom-J-tJI). See VICONTIEL.
vice-comitissa (vI-sJ-kom-J-tis-J). See VISCOUNTESS. vice-commercial agent. See AGENT.
vice-consul. A consular officer subordinate to a consul;
esp., one who is substituted temporarily to fill the place
of a consul who is absent or has been relieved from
duty. [Cases: Ambassadors and Consuls C=>1-8.]
career vice-consul. A vice-consul who is a member of
the Foreign Service. -Also termed vice-consul of
career.
noncareer vice-consul. A vice-consul who is not a
member ofthe Foreign Service and who is appointed
without examination.
vice crime. See CRIME.
vice-dominus episcopi (vI-sJ-dom-J-nJs J-pis-kJ-pI). 1.
A vicar general. 2. A commissary of a bishop.
vicegerent (vIs-jeer-Jnt). A deputy; lieutenant.
vice-governor, n. A deputy or lieutenant governor.
vice-judex (vIs-joo-deks). Hist. A deputy judge.
vice-marshal. An officer appointed to assist the earl
marshal. See EARL MARSHAL OF ENGLAND.
vicem fructuum obtinere (vI-sem fnk-choo-Jm ob-ti
nee-ree). [Latin] Hist. To take the place offruits. The
phrase typically referred to interest as the produce of
money.
vice president, n. (16c) 1. An officer selected in advance
to fill the presidency if the president dies, resigns, is
removed from office, or cannot or will not serve . The
Vice President ofthe United States, who is elected at the
same time as the President, serves as presiding officer of
the Senate but may cast a vote only to break a tie. On the
death, incapacity, resignation, or removal ofthe Presi
dent, the Vice President succeeds to the presidency.
2. A corporate officer of mid-level to high rank, usu.
having charge of a department. -Abbr. VP.; VP.
Also written vice-president. [Cases: United States C=>
26.] -vice presidency, n. -vice-presidential, adj.
vice principal. See FELLOW-SERVANT RULE.
viceregent, n. 1. A deputy regent; esp., one who acts in
the place of a ruler, governor, or sovereign. 2. More
broadly, an officer deputed by a superior or by proper
authority to exercise the powers ofthe higher authority;
one with delegated power.
viceroy, n. The governor of a kingdom or colony, who
rules as the deputy of a monarch. -viceroyal, vice
regal, adj.
vice-sheriff. See deputy sheriff under SHERIFF.
vice-treasurer, n. A deputy or assistant treasurer.
vicinage (vis-J-nij). [Law French "neighborhood"] (14c)
1. Vicinity; proximity. 2. The place where a crime is
committed or a trial is held; the place from which jurors
are to be drawn for trial; esp., the locale from which
the accused is entitled to have jurors selected. -Also
termed vicinetum (vis-<l-nee-tJm). [Cases: Criminal
Law C=> 108; Jury C=>33(3).]
"Whereas venue refers to the locality in which charges will
be brought and adjudicated, vicinage refers to the locality
from which jurors will be drawn.... The vicinage concept

1703
requires that the jurors be selected from a geographi
cal district that includes the locality of the commission
of the crime, and it traditionally also mandates that such
district not extend too far beyond the general vicinity of
that locality." Wayne R. LaFave & Jerold H. Israel, Criminal
Procedure  16.1, at 738-39 (2d ed. 1992).
3. A right of common that neighboring tenants have
in a barony or fee.
vicious animal. See ANIMAL.
vicious intromission. See vitious intromission under
INTROMISSION.
vicious propensity. (1835) An animal's tendency to
endanger the safety ofpersons or property. See vicious
animal under ANIMAL. [Cases: Animals (>66.2,
66.5(2).]
vicontiel (vI-kon-tee-;:ll), adj. (l7c) 1. Ofor relating to a
viscount. 2. Of or relating to a sheriff. Also spelled
vicountiel. Also termed vicecomital.
vicontiel rent. Rist. Rent that a viscount or sheriff pays
for the use ofa royal farm.
vicontiels (vl-kon-tee-alz). Rist. 1. Money payable by a
viscount or sheriff to the Crown. 2. Vicontiel rents.
vicontiel writ. See WRIT.
victim, n. (I5c) A person harmed by a crime, tort, or
other wrong. -victimize, vb. victimization, n.
victim allocution. See ALLOCUTION.
victim-impact statement. (1981) A statement read into
the record during sentencing to inform the judge or jury
of the financial, physical, and psychological impact of
the crime on the victim and the victim's family. [Cases:
Sentencing and Punishment C=>361, 1763.]
victimless crime. See CRIME.
victim-precipitated homicide. See HOMICIDE.
victim-related adjustment. An increase in punishment
. available under federal sentencing gUidelines when the
defendant knew or should have known that the victim
bore a particular characteristic -e.g., the victim was
unusually vulnerable (because ofage or condition) - or
was otherwise particularly susceptible to the criminal
conduct. See USSG  3Al.l, 1.2. [Cases: Sentencing
and Punishment
Victims of Child Abuse Laws. An organization of
persons who claim to have been wrongly accused of
sexually abusing children. Abbr. VOCAL. Cf. FALSE
MEMORY SYNDROME FOUNDATION.
victualer (vit-al-ar). Rist. 1. A person authorized by
law to keep a house of entertainment for the public; a
publican. [Cases: Public Amusement and Entertain
ment C-~16.] 2. A person who serves food or drink
prepared for consumption on the premises. Also
spelled victualler. [Cases: Food C=>0.5, 3.J
victual rent (vit-[a]I). Scots law. A rent paid in grain or
its monetary equivalent.
victus (vik-ti3s). Civil law. Sustenance; support; a means
ofliving. vietarmis
vidame (vee-dam), [FrenchJ Hist. In French feudal law,
an officer who represented the bishop. Over time,
these officers erected their offices into fiefs and became
feudal nobles, such as the vidame ofChartres, Rheims,
etc. They continued to take their titles from the seat of
the bishop whom they represented, even though the
lands held by virtue oftheir fiefs might be situated else
where.
vide (vI


they represented, even though the
lands held by virtue oftheir fiefs might be situated else
where.
vide (vI-dee also vee-day). [Latin] See. This is a citation
signal still seen in some texts, esp. in the abbreviated
fOfm q.v. (quod vide "which see"). Vide ante or vide
supra refers to a previous passage in a text; vide post or
vide infra refers to a later passage.
videlicet (vi-del-;:l-set or -sit). [Latin] (ISc) To wit; that is
to say; namely; SCILICET. The term is used primarily
to point out, particularize, or make more specific what
has been previously stated in general (or occas. obscure)
language. One common function is to state the time,
place, or manner when that is the essence ofthe matter
at issue. -Abbr, viz. See VIZ.
Video Electronics Standards Association. A nonprofit
organization that promotes and develops industry-wide
standards for computers to ensure interoperability, and
encourage innovation and market growth. Abbr.
VESA.
video piracy. See PIRACY (3).
Video Privacy Protection Act. A federal statute that bars
video stores from disclosing to third parties the names
ofcustomers' rentals. 18 USCA  2710.
vidimus (vid-a-mi3s), n. [Latin "we have seen"] 1. An
inspection ofdocuments, etc. 2. An abstract, syllabus,
or summary. 3. An attested copy of a document. 4.
INSPEXIMUS.
Vidi scivi et audivi (vl-dI SI-VI et aw-dl-vI). Hist. I saw,
knew, and heard. This was formerly an essential part
ofthe notary's docket attached to the end ofan instru
ment of seisin, by which the notary claimed to have
been personally present on the ground when seisin
was given and thus to have known the facts to be true
by having heard the words spoken and seen the acts
done,
vidua regis (vij-oo-i3 ree-jis), n. [Latin]!. The widow of
the king. 2. The widow ofa tenant in capite. In sense
2, she was so called because she was not allowed to
marry a second time without the king's permission.
She obtained her dower from the king, who was her
patron and defender.
viduitatis professio (va-d[y]oo-a-tay-tis pra-fes[hJ
ee-oh), n. [Latin] Rist. A woman's solemn act of pro
fessing that she will live as a single, chaste woman.
viduity (vi-dfy]oo-a-tee). Archaic. Widowhood.
vie (vee). [French] Life . The term occurs in such Law
French phrases as cestui que vie and pur autre vie.
vi et armis (VI et ahr-mis). [Latin) Hist. By or with force
and arms, See trespass vi et armis under TRESPASS.
"The words 'with force and arms,' anciently 'vi et armis,'
were, by the common law, necessary in indictments for

offences which amount to an actual disturbance of the
peace, or consist, in any way, of acts of violence; but it
seems to be the better opinion, that they were never neces
sary where the offence consisted of a cheat, or non-fea
zance, or a mere consequential injury." 1 Joseph Chitty, A
Practical Treatise on the Criminal Law 240 (2d ed. 1826).
"vi et armis . .. was a necessary part of the allegation, in
medieval pleading, that a trespass had been committed
with force and therefore was a matter for the King's Court
because it involved a breach of the peace. In England, the
term survived as a formal requirement of pleading until
1852." Bryan A. Garner, A Dictionary ofModem Legal Usage
916 (2d ed. 1995).
view, n. 1. The common-law right of prospect -that
is, an outlook from the windows of one's house. 2. An
urban servitude that prohibits the obstruction of the
outlook from a person's house. [Cases: Adjoining Land
owners 10; Easements 011, 19,45.] 3. A jury's
trip to inspect a place or thing relevant to the case it is
considering; the act or proceeding by which a tribunal
goes to observe an object that cannot be produced
in court because it is immovable or inconvenient to
remove. The appropriate procedures are typically
regulated by state statute. At common law, and today
in many civil cases, the trial judge's presence is not
required. The common practice has been for the jury
to be escorted by "showers" who are commissioned for
this purpose. Parties and counsel are generally permit
ted to attend, although this is a matter typically within
the trial judge's discretion. Cf. VIEW OF AN INQUEST.
Criminal Law Federal Civil Procedure
Trial 4. In a real action, a defendant's
observation ofthe thing at issue to ascertain its identity
and other circumstances surrounding it. Cf. DEMAND
OF VIEW.
viewer. (15c) A person, usu. one ofseveral, appointed by
a court to investigate certain matters or to examine a
particular locality (such as the proposed site of a new
road) and to report to the court.
view ofan inquest. (1837) A jury's inspection ofa place
or property to which an inquiry or inquest refers. Cf.
VIEW (3).
view of frankpledge. Rist. The twice-yearly gathering
and inspection of every freeman within the district who
was more than 12 years old to determine whether each
one had taken the oath of allegiance and had found
nine freeman pledges for his peaceable demeanor. See
FRANKPLEDGE.
viewpoint discrimination. See DISCRIMINATION.
viewpoint-neutral. See NEUTRAL.
vif-gage (veef-gayj or vif-). [Law French] See vadium
vivum under VADIUM.
vigil. Eccles. law. The day before any solemn feast.
vigilance. (16c) Watchfulness; precaution; a proper
degree of activity and promptness in pursuing one's
rights, in guarding them from infraction, and in dis
covering opportunities for enforcing one's lawful
claims and demands. vigilant, adj. (15c) Watchful and cautious; on the alert;
attentive to discover and avoid danger.
vigilante (vij-a-Ian-tee). (1856) A person who seeks to
avenge a crime by taking the law into his or her own
hands.
vigilantism (vij-a-lan-tiz-dm). The act of a citizen who
takes the law into his or her own hands byapprehend
ing and punishing criminals.
viis et modis (VI-is et moh-dis). [Latin] Eccles. law. By all
ways and means . In ecclesiastical courts, service ofa
decree or citation viis et modis is equivalent to substi
tuted service in temporal courts. It requires posting of
a notice where a person is likely to be found. This type
of service is contrasted with personal service.
vi laka amovenda. See DE VI LAICA AMOVENDA.
vill (viI). Rist. 1. A part into which a hundred or wapen
take was divided. 2. A town or village.
village. 1. Traditionally, a modest assemblage of houses
and buildings for dwellings and businesses. 2. In some
states, a municipal corporation with a smaller popu
lation than a city. Also termed (in sense 2) town;
borough. [Cases: Municipal Corporations
villanis regis subtractis reducendis (vi-Iay-nis ree-jis
sdb-trak-tis ree-d[y]oo-sen-dis), n. [Latin "for return
ing the king's villeins who have been removed"] Hist.
A writ that lay for the bringing back of the king's
bondmen who had been carried away by others out of
his manors, where they belonged.
villanum servitium (vi-lay-ndm sdr-vish-ee-<lm), n.
[Latin] Rist. See VILLEINAGE.
villein (vil-<ln). Hist. A person entirely subject to a lord
or attached to a manor, but free in relation to all others;
a serf. -At the time of the Domesday Inquest (shortly
after the Norman Conquest), about 40% of house
holds were marked as belonging to villeins: they were
the most numerous element in the population.
Cf. FREEMAN.
villein in gross. A villein who was annexed to the
person ofthe lord, and transferable by deed from one
owner to another.
villein regardant (ri-gahr-ddnt). A villein annexed to
the manor ofland_
villeinage (vil-d-nij). Hist. 1. The holding of property
through servitude to a feudal lord; a servile type of
tenure in which a tenant was obliged to render base
services to a lord. Cf. KNIGHT SERVICE; SOCAGE. 2. A
villein's status, condition, or service. Also spelled
villenage; villainage; villanage. Also termed villein
tenure.
"The typical tenant in villeinage does not know in the
evening what he will have to do in the morning.. . [Tl
here is a large element of real uncertainty; the lord's will
counts for much; when they go to bed on Sunday night
they do not know what Monday's work will be; it may be
threshing, ditching, carrying: they cannot tell. This seems
the point that is seized by law and that general opinion of
which law is the exponent: any considerable uncertainty
as to the amount or kind of the agricultural services makes
the tenure unfree. The tenure is unfree, not because the

1705
tenant 'holds at the will of the lord,' in the sense of being
removable at a moment's notice, but because his services,
though in many respects minutely defined by custom,
cannot be altogether defined without frequent reference
to the lord's will." 1 Frederick Pollock & Frederic William
Maitland, History ofEnglish Law Before the Time ofEdward
1371 (2d ed. 1898).
"At the lower level the services were not always defined.
The duties of the peasant were chiefly agricultural. Ifthey
were unfixed, so that the lord might in theory demand all
manner of work, the tenure was 'unfree' and was called vil
leinage." J,H. Baker, An Introduction to English Legal History
260 (3d ed. 1990).
privileged villeinage. Villeinage in which the services
to be performed were certain, though of a base and
servile nature.
pure villeinage. Villeinage in which the services were
not certain, but the tenant was obliged to do whatever
he was commanded whenever the command came.
villein in gross. See VILLEIN.
villein regardant. See VILLEIN.
villein service. Hist. A base service that a villein per
formed, such as working on the lord's land on certain
days of the week (usu. two to four) . These services
were not considered suitable to a man of free and hon
orable rank. Also termed villein servitium. See WEEK
WORK.
villein socage (sok-ij). See SOCAGE.
villenous judgment (vil-;,-n;,s). Hist. A judgment that
deprived a person of his Libera lex, as a result ofwhich
he was discredited and disabled as a juror and witness,
forfeited his goods and chattels and land, had his houses
razed and trees uprooted, and went to prison. Also
spelled villainous judgment.
vinagium (vi-nay-jee-dm). A payment in kind ofwine
as rent for a vineyard.
vinculacion (vin-koo-Iah-syohn). Spanish law. A linking
, or encumbering; esp., an entail.
vinculo (ving-ky;,-loh), n. [Latin "by bond"] Spanish law.
1. A tie or bond; esp., the bond of marriage. See divorce
a vinculo matrimonii under DIVORCE. 2. An entail.
vinculum juris (ving-ky;,-l;,m joor-is). [Latin "a bond
of the law"] Roman law. The tie that legally binds one
person to another; legal bond; obligation. Cf. SOLUTIO
OBLIGA TIONIS.
vinculum personarum ab eodem stirpite descendentium
(ving-ky;,-I;,m pdr-Sd-nair-dm ab ee-oh-d;,m stI-pa
tee dee-sen-den-shee-am). [Law Latin] Iiist. The bond
uniting persons descended from the same stock.
vindex (vin-deks), n. [Latin] Civil law. One who guaran
teed the appearance of a defendant in court on pain of
being liable for the judgment debt.
vindicare (vin-di-kair-ee), vb. [Latin "to claim or chal
lenge"] Roman law & Hist. To demand as one's own;
to assert a right in or to (a thing); to assert or claim
ownership of (a thing).
vindicate, vb. (l6c) 1. To clear (a person or thing) from
suspicion, criticism, blame, or doubt <DNA tests violence
vindicated the suspect>. 2. To assert, maintain, or
affirm (one's interest) by action <the claimants sought
to vindicate their rights through a class-action suit>.
3. To defend (one's interest) against interference or
encroachment <the borrower vindicated its interest in
court when the lender tried to foreclose>. 4. Roman
& civil law. To assert a legal right to (a thing); to seek
recovery of (a thing) by legal process <Antony Hon
oratus attempted to vindicate the sword he had lent his
cousin>. -vindication, n. -vindicator, n.
vindicatio (vin-di-kay-shee-oh), n. [Latin "claim"]
Roman law. 1. An action by the owner to claim
property.
vindicatio servitutis (vin-di-kay-shee-oh sdr-v;,-t[y]
oo-tis). [Latin "claim of servitude"] Roman


-shee-oh sdr-v;,-t[y]
oo-tis). [Latin "claim of servitude"] Roman law. An
action against the owner ofland over which the plain
tiff claims that a servitude exists. Also termed actio
confessoria.
2. The claiming of a thing as one's own; the assertion
of a right in or title to a thing. PI. vindicationes (vin
di-kay-shee-oh-neez).
vindicatory part (vin-dd-ka-tor-ee), (1881) The portion
of a statute setting forth the penalty for committing a
wrong or neglecting a duty.
vindicta (vin-dik-ta), n. Roman law. 1. A rod or wand.
2. The assertion of freedom or ownership by sym
bolically touching the person or thing with a rod. See
FESTUCA.
vindictive damages. See punitive damages under
DAMAGES.
vindictive prosecution (vin-dik-tiv). See PROSECU
TION.
viol (vyohl), n. [French] French law. Rape; indecent
assault.
violation, n. (I5c) 1. An infraction or breach of the law;
a transgression. See INFRACTION. 2. The act of breaking
or dishonoring the law; the contravention of a right or
duty. 3. Rape; ravishment. 4. Under the Model Penal
Code, a public-welfare offense . In this sense, a viola
tion is not a crime. See Model Penal Code  1.04(5).
violate, vb. violative (vI-a-lay-tiv), adj. -violator,
n.
violation warrant. See WARRANT (1).
violence. (14c) The use of physical force, usu. accompa
nied by fury, vehemence, or outrage; esp., physical force
unlawfully exercised with the intent to harm. Some
courts have held that violence in labor disputes is not
limited to physical contact or injury, but may include
picketing conducted with misleading signs, false state
ments, erroneous publicity, and veiled threats by words
and acts.
domestic violence. 1. Violence between members of a
household, usu. spouses; an assault or other violent
act committed by one member of a household
against another. See BATTERED-CHILD SYNDROME;
BATTERED-WOMAN SYNDROME. [Cases: Assault and
Battery (;:=>48.]2. The infliction ofphysical injury, or

1706 Violence Against Women Act
the creation of a reasonable fear that physical injury
or harm will be inflicted, by a parent or a member or
former member ofa child's household, against a child
or against another member ofthe household. -Also
termed domestic abuse;family violence. 3. Archaic.
Insurrection or unlawful force fomented from within
a country.
Violence Against Women Act. A federal statute that
established a federal civil-rights action for victims
of gender-motivated violence, without the need for
a criminal charge. 42 USCA  13981. -In 2000, the
Supreme Court invalidated the statute, holding that
neither the Commerce Clause nor the Enforcement
Clause of the 14th Amendment authorized Congress
to enact the civil-remedy provision ofthis Act. United
States v. Morrison, 120 S.Ct. 1740 (2000). -Abbr.
VAWA. [Cases: Civil Rights (;=:1035.]
violent, ad). (14c) 1. Of, relating to, or characterized
by strong physical force <violent blows to the legs>.
2. Resulting from extreme or intense force <violent
death>. 3. Vehemently or passionately threatening
<violent words>.
violent crime. See CRIME.
violent death. See DEATH.
violent felony. See violent offense under OFFENSE (1).
violent offense. See OFFENSE (1).
violent profits. Scots law. Penal damages imposed against
a tenant who refused to surrender rented property to
the landlord.
vir (veer), n. [Latin] 1. An adult male; a man. 2. A
husband. _ In the Latin phrases and maxims that once
pervaded English law, vir generally means "husband,"
as in the expression vir et uxor (husband and wife). See
ET VIR. Cf. UXOR.
vires (vI-reez), n. (18c) 1. Natural powers; forces. 2.
Granted powers, esp. when limited. See ULTRA VIRES;
INTRA VIRES.
vir et uxor (veer et <lk-sor). [Latin] Husband and wife.
virga (v<lr-ga). Hist. A rod or staff; esp., a rod as an ensign
of office.
virgata (var-gay-ta). 1. A quarter of an acre ofland. See
ACRE. 2. A quarter ofa hide ofland. See HIDE (1).
virgata regia (var-gay-t<l ree-jee-<l). [Latin "king's verge"]
Hist. The bounds ofthe king's household, within which
the court of the steward had jurisdiction.
virga terrae (var-ga ter-ee), n. [Latin "branch ofland"]
Hist. A variable measure ofland ranging from 20 to 40
acres. -Also termed virgata terrae. See YARDLAND.
virge. See VERGE.
viridario eligendo (vir-<l-dair-ee-oh el-a-jen-doh). Hist.
A writ for choice ofa verderer in the forest.
virile share. Civil law. An amount that an obligor owes
jointly and severally with another. La. Civ. Code art.
1804. -Also termed virile portion. virtual adoption. See adoption by estoppel under
ADOPTION.
virtual child pornography. See PORNOGRAPHY.
virtual representation. See REPRESENTATION (3).
virtual-representation doctrine. (1945) The principle
that a judgment may bind a person who is not a party
to the litigation ifone ofthe parties is so closely aligned
with the nonparty's interests that the nonparty has been
adequately represented by the party in court. _ Under
this doctrine, for instance, a judgment in a case naming
only the husband as a party can be binding on his wife
as welL See RES JUDICATA. [Cases: Judgment
virtue ethics. Ethics. An ethical theory that focuses on
the character of the actor rather than on the nature of
the act or its consequences. -This approach received its
first and perhaps its fullest expression in the works of
Aristotle, esp. in his Ethics. Cf. CONSEQUENTIALISM.
virtute cujus (var-t[y]oo-tee k[y]oo-j<ls), adv. [Latin] Hist.
By virtue whereof. _ This phrase began the clause in a
pleading that attempted to justify an entry onto land
by alleging that it was by virtue of an order from one
entitled that the entry took place.
virtute officii (var-t[y]oo-tee a-fish-ee-I), adv. [Latin]
Hist. By virtue ofone's office; by the authority invested
in one as the incumbent of a particular office. -An
officer acts virtute officii when carrying out some
official authority as the incumbent ofan office.
vis (vis). [Latin "power"] (I7c) 1. Any force, violence, or
disturbance relating to a person or property.
"Vis, as a legal term, was understood to denote the orga
nizing and arming of tumultuous bodies of men for the
purpose of obstructing the constituted authorities in
the performance of their duty, and thus interrupting the
ordinary administration of the laws. No such offence was
recognised by the Criminal Code until the last century of
the republic, when violent riots by hired mobs became so
frequent, that M. Plautius Silvanus, Tribune of the Plebs,
S.c. 89, [secured the paSSing of] the lex P/autia de Vi, in
terms of which, those convicted of such practices were
banished." William Ramsay, A Manual ofRoman Antiquities
347 (Rodolfo Lanciani ed., 15th ed. 1894).
2. The force oflaw. _ Thus vim habere ("to have force")
is to be legally valid. PI. vires.
visa (vee-z<l). An official indorsement made on a passport,
showing that it has been examined and that the bearer
is permitted to proceed; a recognition by the country
in which a passport-holder wishes to travel that the
holder's passport is valid. - A visa is generally required
for the admission of aliens into the United States. 8
USCA  1181, 1184. -Also termed (archaically) vise
(vee-zay or vi-zay). [Cases: Aliens, Immigration, and
Citizenship <8::::> 170-207.]
vis ablativa (vis ab-I<l-tI-V<l), n. [Latin "ablative force"]
Civil law. Force exerted in taking something away from
another. Pl. vires ablativae.
vis absoluta (vis ab-sa-loo-ta). Physical compulsion.
The difference is between compulsion of the will (vis
compulsiva) which results in an act though not of free
volition, and physical compulsion (vis absoluta) in which the

1707
unavoidable movement is no act at all." Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 1054-55 (3d ed. 1982).
vis armata (vis ahr-may-t<'l). [Latin "armed force"] Hist.
Force exerted by means ofweapons. Cf. VIS INERMIS.
Also termed armata vis.
vis aut metus qui cadit in constantem virum (vis awt
mee-t<'ls kWI kay-dit [or kad-itl in bn-stan-t<'lm
VI-r<'lm). [Latin] Hist. A force or fear sufficient to
overcome a man of firmness and resolution.
vis-a-vis (veez-<l-vee). [French "face to face"] (ISc) In
relation to; opposite to <the creditor established a pre
ferred position vis-a-vis the other creditors>.
Visby, laws of. See LAWS OF VISBY.
vis clandestina (vis klan-des-tI-n<ll, n. [Latin "clandes
tine force") Hist. Force furtively used, esp. at night.
vis compuisiva (vis kom-p<ll-SI-V<l), n. [Latin "compul
sive force"] Hist. Force exerted to compel another to
do something involuntarily; menacing force exerted
by terror.
viscount (vI-kownt). 1. The title of the fourth rank of
European nobility. _ In the British peerage, viscount
is placed between the dignity ofearl and baron. 2. Hist.
A sheriff.
viscountess (vI-kown-tisl_ 1. The wife of a viscount.
Also termed vice-comitissa. 2. A woman who holds the
rank ofviscount in her own right.
vis divina (vis di-Vl-n<l), n. Civil law. Divine or superhu
man force; ACT OF GOD; VIS MAJOR.
vise. See VISA.
vis expulsiva (vis eks-pal-SI-V<'l), n_ [Latin "expul
sive force"] Hist. Force used to expel or dispossess
another.
vis exturbativa (vis eks-t<lr-b<l-tI-VJ), n. [Latin "eliminat
ing force"] Hist. Force used to thrust out another, esp.
when two claimants are contending for possession.
vis jluminis (vis floo-m<'l-nis), n. [Latin "the force of a
river"] Civil law. The force exerted by a stream or river;
waterpower.
visible, adj. 1. Perceptible to the eye; discernible by sight
2_ Clear, distinct, and conspicuous.
visible crime. See street crime under CRIME.
visible means ofsupport. (1S46) An apparent method
of earning a livelihood. -Vagrancy statutes have long
used this phrase to describe those who have no osten
sible ability to support themselves.
vis illicita (vis il-lis-a-t;}). See VIS I:II"fURIOSA.
vis impressa (vis im-pres-<l), 11. [Latin "impressed force"]
The original act of force from which an injury arises,
as distinguished from the proximate (or immediate)
force.
vis inermis (vis in-.n-mis), n. [Latin] Unarmed force.
CE VIS ARMATA.
vis injuriosa (vis in-joor-ee-oh-s<'l), n. [Latin "injuri
ous force"] Hist. Wrongful force. -Also termed vis
illicita. visitation order
vis inquietativa (vis in-kwI-<l-t;}-tl-V<l), n. [Latin" disqui
eting force"] Civil law_ Force that prevents another from
using his or her possession quietly and in peace_
visit, n. Int'llaw. A naval officer's boarding an ostensibly
neutral merchant vessel from another state to exercise
the right of search. -This right is exercisable when
suspicious circumstances exist, as when the vessel is
suspected ofinvolvement in piracy. Also termed visi
tation. See RIGHT OF SEARCH. [Cases: War and National
Emergency (:::;::>20.J
visitation (viz-<l-tay-sh<ln). (14c) 1. Inspection; superin
tendence; direction; regulation. 2. Family law. A rela
tive's, esp. a noncustodial parent's, period of access to
a child. -Also termed parental access; access; parent
ing time; residential time. [Cases: Child Custody C=>
175-231.] 3. The process ofinquiring into and correct
ing corporate irregularities. [Cases: Corporations
394.]4. VISIT.
grandparent visitation. A grandparent's court
approved access to a


ations
394.]4. VISIT.
grandparent visitation. A grandparent's court
approved access to a grandchild. -The Supreme
Court recently limited a grandparent's right to have
visitation with his or her grandchild if the parent
objects, citing a parent's fundamental right to raise
his or her child and to make all decisions concerning
the child free from state intervention absent a threat
to the child's health and safety. Troxel v. Granville, 530
U.S. 57, 120 S.Ct. 2054 (2000). [Cases: Child Custody
restricted visitation. See supervised visitation_
stepped-up visitation. Visitation, usu. for a parent who
has been absent from the child's life, that begins on a
very limited basis and increases as the child comes to
know the parent. -Also termed step-up visitation.
supervised visitation. Visitation, usu. court-ordered,
in which a parent may visit with the child or children
only in the presence of some other individuaL _ A
court may order supervised visitation when the
visiting parent is known or believed to be prone to
phYSical abuse, sexual abuse, or violence. -Also
termed restricted visitation. [Cases: Child Custody
visitation books. Hist Books compiled by the heralds,
when royal progresses were solemnly and regularly
made into every part of the kingdom, to inquire into
the state offamilies and to register whatever marriages
and descents were verified to them upon oath.
visitation credit. Family law. A child-support reduction
that reflects the amount oftime the child lives with the
noncustodial parent. [Cases: Child Support (:::;::> 165.J
visitation order_ (1944) Family law. 1. An order estab
lishing the visiting times for a noncustodial parent with
his or her child. [Cases: Child Custody C;>525.] 2. An
order establishing the visiting times for a child and a
person with a significant relationship to the child.
Such an order may allow for visitation between (1) a
grandparent and a grandchild, (2) a child and another
relative, (3) a child and a stepparent, or (4) occasionally,

visitation right
a child and the child's psychological parent. -Also
termed access order.
visitation right. (1935) 1. Family law. A noncustodial
parent's or grandparent's court-ordered privilege of
spending time with a child or grandchild who is living
with another person, usu. the custodial parent.  The
noncustodial parent with visitation rights may some
times be a parent from whose custody the child has
been removed because of abuse or neglect. [Cases:
Child Custody C=> 175-231,282.] 2. Int'llaw. A bel
ligerent nation's right to search a neutral vessel to find
out whether it is carrying contraband or is otherwise
engaged in nonneutral service . Ifthe searched vessel
is doing either of these things, the searchers may seize
the contraband and carry out an appropriate punish
ment. -Also termed (in both senses) right ofvisita
tion.
visitatorial (viz-;l-t;l-tor-ee-;ll), adj. Of or relating to
on-site inspection or supervision. Also termed visi
torial.
"To eleemosynary corporations, a visitatorial power is
attached as a necessary incident .... [PJrivate and particu
lar corporations, founded and endowed by individuals for
charitable purposes, are subject to the private government
of those who are the effiCient patrons and founder. If there
be no visitor appointed by the founder, the law appoi nts
the founder himself, and his heirs, to be the VIsitors. The
visitatorial power arises from the property which the
founder assigned to support the charity; and as he is the
author of the charity, the laws give him and his heirs a visi
tatorial power; that is, an authority to inspect the actions
and regulate the behaVior of the members that partake of
the charity. This power is judicial and supreme, but not
legislative." 2 James Kent, Commentaries on American Law
*300-01 (George Comstock ed., 11th ed. 1866).
visitatorial power. See POWER (3).
visiting judge. See JUDGE.
visitor. 1. A person who goes or comes to a particular
person or place.
business visitor. See BUSI-:-.!ESS VISITOR.
2. A person appointed to visit, inspect, inquire into,
and correct corporate irregularities. [Cases: Corpora
tions
visitorial. See VISITATORIAL.
visitorial power. See visitatorial power under POWER
(3).
visitor ofmanners. A regarder's office in the forest.
vis laica (vis laY-d-b), n. [Latin "lay force"] Hist. An
armed force used in holding possession of a church.
vis licita (vis liS-d-td), n. [Latin] Lawful force.
vis major (vis may-j;lr), n. [Latin "a superior force"] (I7c)
1. A greater or superior force; an irresistible or over
whelming force ofnature; FORCE MAJEURE. Cf. ACT OF
GOD. 2. A loss resulting immediately from a natural
cause without human intervention and that could not
have been prevented by the exercise ofprudence, dili
gence, and care. -Also termed act of nature; act of
providence; superior force; irresistible force; vis divina. 1708
[Cases: Carriers C=> 119; Negligence <'>::>440; Shipping
C=> 120,179.]
vis major naturae (vis may-jor nd-tyoor-ee). [Latin] Hist.
The superior force of nature. See FORCE MAJEURE.
visne (veen or veen-ee). [Law French fro Latin visnetuml
Neighborhood; at common law, the district from which
juries were drawn; VJCINAGE.
vis perturbativa (vis p;lr-t;lr-bd-tI-Vd), n. [Latin "per
turbing force"] Hist. Force used between persons con
tending for possession of something.
vis proxima (vis prahk-sd-m;l), n. [Latin "proximate
force"] Hist. Immediate force.
vis simplex (vis sim-pleks), n. [Latin "simple force"] Hist.
Mere force; sheer force.
VISTA (vis-t;l). abbr. (1964) Volunteers in Service to
America, a federal program established in 1964 to
provide volunteers to help improve the living condi
tions of people in the poorest areas ofthe United States,
its possessions, and Puerto Rico. [Cases: United States
C=>82(4).]
vi statuti (VI st,H[y]oo-tI). [Law Latin] Hist. By force of
statute.
Visual Artists Rights Act. Copyright. A 1990 federal law
giving a visual artist nontransferable moral rights of
integrity and attribution in original and limited-edition
creations . Passed in order to meet Berne Convention
standards, the Act protects the original artist not the
owner of the copyright -by granting some rights to
prevent the work from being changed or destroyed, and
by guaranteeing that the artist may claim authorship of
the original work but may deny authorship ifthe work
is modified. 17 USC A  106A, 113. Abbr. VARA.
[Cases: Copyrights and Intellectual Property
visus (vl-sas arvl-zas), n. [Latin] Hist. An inspection of
a place, person, or thing. See VIEW (3), (4).
vital statistics. (1837) Public records usu. relating to
matters such as births, marriages, deaths, diseases, and
the like that are statutorily mandated to be kept by a
city, state, or other governmental division or subdivi-
sion. _ On the admissibility ofvital statistics, see Fed. _
R. Evid. 803(9). [Cases: Health C='395.]
vital term. Seefundamerltal term under TERM (2).
vitiate (vish-ee-ayt), vb. (l6c) 1. To impair; to cause to
have no force or effect <the new statute vitiates any
common-law argument that the plaintiffs might have>.
2. To make void or voidable; to invalidate either com
pletely or in part <fraud vitiates a contract>. 3. To
corrupt morally <Mr. Lawrence complains that his
children were vitiated by their governess>. vitia
tion, n. -vitiator, n.
vitilitigate (vit-d-lit-a-gayt), vb. [fro Latin vitilitigare "to
quarrel disgracefully"] Archaic. To litigate merely from
quarrelsome motives; to carryon a lawsuit in an unduly
contentious, wrangling way. -vitilitigation, n. vit
ilitigious (vit-d-li-tij-<:Is), adj.
vitious intromission. See INTROMISSION.

1709
vitium cierici (vish-ee-;Jm kler-;J-sI). [Latin] See clerical
error under ERROR.
vitium reale (vish-ee-<1m ree-ay-Iee). [Latin "true error"]
Hist. & Scots law. A defect in a title that renders the
movable property nontransferable; speci., an inherent
vice in the title ofanyone who holds a stolen thing, even
if acquired honestly, so that the true owner can reclaim
it. Cf. tABES REALIS QUAE REI INHAERET.
"A person who comes into possession of moveable property
without any title to retain custody thereof is obliged
to restore it to the person truly entitled to the posses
sion thereof .... [P]roperty so acquired is affected by an
inherent vitium reale which prevents the thief or fraudulent
person from conferring a good title on anyone, even a taker
from him in good faith, who has given value and taken
without notice of the thief's defective title; such a person
must return the property to the true owner, or pay compen
sation therefor. ... An exception to the rule of vitium reale
exists in the cases of money, bank-notes and negotiable
instruments ...." 2 David M. Walker, Principles ofScottish
Private Law: Law of Obligations 505-06 (1988).
vitium scriptoris (vish-ee-<1m skrip-tor-is), n. [Latin "the
mistake ofa scribe"] Hist. A clerical error in writing.
vitricus (vi-tr<1-k<1s), n. [Latin] Hist. A stepfather.
viva aqua (VI-V<1 ak-w<1), n. [Latin "living water"] Hist.
Running water; water that comes from a spring or
fountain.
viva pecunia (VI-V<1 pi-kyoo-nee-<1), n. [Latin "living
money"] Hist. Cattle, which obtained this name during
the Saxon period, when they were received as money,
usu. at regulated prices.
viva voce (VI-Vd voh-see also vee-Vd voh-chay), adv. [Law
Latin "with living voice"] (l6c) By word of mouth;
orally. In reference to votes, the term means a voice
vote was held rather than a vote by ballot. In reference
to the examination of witnesses, the term means that
oral rather than written testimony was taken. See voice
vote under VOTE (4). [Cases: Elections C=214.]
viva voce vote. See voice vote under VOTE (4).
vivisection, n. 1. Physiological or pathological experi
mentation on or investigation of living vertebrate
animals using procedures likely to cause severe pain.
2. By extension, questioning or criticism that is intense,
minute, and merciless.
vivum vadium (vl-v;Jm vay-dee-dm). See vadium vivum
under VADIUM.
viz. (viz). abbr. [Latin videlicet] (16c) Namely; that is to
say <the defendant engaged in fraudulent activities,
viz., misrepresenting his gross income, misrepresenting
the value ofhis assets, and forging his wife's signature>.
See VIDELICET.
vocabula artis (voh-kab-Y<1-ld ahr-tis), n. [Latin] Words
ofart. See TERM OF ART.
VOCAL. abbr. VICTIMS OF CHILD ABUSE LAWS.
vocare ad curiam (voh-kair-ee ad kyoor-ee-dm), vb.
[Latin] To summon to court.
vocatio in jus (voh-kay-shee-oh in jas). [Latin] Roman
law. A plaintiff's oral summoning ofa defendant to go voidable
before a magistrate . The vocatio in jus occurred when
the plaintiffwould summon the defendant in formal
words to accompany the plaintiff.
vocation. A person's regular calling or business; one's
occupation or profession.
vociferatio (voh-sif-<1-ray-shee-oh), n. [Latin] Hist. An
outcry; HUE AND CRY.
voco (voh-koh). [Latin "I call"] Hist. I summon; I vouch.
See VOCATIO IN JUS.
Voconian law (v<1-koh-nee-in). See LEX VOCONIA.
voice exemplar. (1954) A sample ofa person's voice used
for the purpose of comparing it with a recorded voice
to determine whether the speaker is the same person.
Although voiceprint identification was formerly inad
missible, the trend in recent years has been toward
admissibility. See Fed. R. Evid. 901. [Cases: Criminal
Law C=339.6; Evidence C=150.]
voiceprint. (1962) A distinctive pattern of curved lines
and whorls made by a machine that measures human
vocal sounds for the purpose ofidentifying an individ
ual speaker.  Like fingerprints, voiceprints are thought
to be unique to each person. [Cases; Criminal Law (;::J
339.6; Evidence G-"';


to be unique to each person. [Cases; Criminal Law (;::J
339.6; Evidence G-"';:;) 150.]
voice vote. See VOTE (4).
void, adj. (14c) 1. Of no legal effect; null. -The distinc
tion between void and voidable is often of great practical
importance. Whenever technical accuracy is required,
void can be properly applied only to those provisions
that are of no effect whatsoever -those that are an
absolute nullity. -void, avoid, vb. -voidness, n.
facially void. (1969) (Of an instrument) patently void
upon an inspection of the contents. -Also termed
void on itsface.
void ab initio (ab i-nish-ee-oh). (17c) Null fro111 the
beginning, as from the first moment when a contract
is entered into. - A contract is void ab initio ifit seri
ously offends law or public policy, in contrast to a
contract that is merely voidable at the election ofone
party to the contract. [Cases: Contracts (;::J98, 136.]
voidforvagueness. (1814) 1. (Ofa deed or other instru
ment affecting property) haVing such an insufficient
property description as to be unenforceable. [Cases:
Deeds (;::::;)37.] 2. (Of a penal statute) establishing
a requirement or punishment without specifying
what is required or what conduct is punishable, and
therefore void because violative of due process.
Also termed void for indefiniteness. See VAGUE"'ESS
DOCTRINE. [Cases: Constitutional Law G-"';:;)4506;
Criminal Law C=13.1.]
2. VOIDABLE. -Although sense 1 above is the strict
meaning ofvoid, the word is often used and construed
as bearing the more liberal meaning of "voidable."
voidable, adj. (15c) Valid until annulled; esp., (of a
contract) capable of being affirmed or rejected at the
option of one of the parties. 1his term describes a
valid act that may be voided rather than an invalid act

1710 voidable agreement
that may be ratified. Also termed avoidable. [Cases:
Contracts 136.] -voidability, n.
"Most of the disputed questions in the law of infancy turn
upon the legal meaning of the word 'voidable' as applied to
an infant's acts. The natural meaning of the word imports
a valid act which may be avoided, rather than an invalid
act which may be confirmed, and the weight of authority
as well as reason points in the same direction. Certainly,
50 far as executed transfers of property are concerned
the authority of the decisions clearly supports this view."
1 Samuel Williston, The Law Governing Sales of Goods  12,
at 28 (3d ed. 1948).
"The promise of an infant surety is voidable as distin
guished from void. The infant may expressly disaffirm
or assert the defense of infancy when sued at any time
before the expiration of a reasonable time after majority."
Laurence P. Simpson, Handbook on the Law of Suretyship
82 (1950).
voidance, n. (14c) The act of annulling, canceling, or
making void. Also termed avoidance.
void contract. See CONTRACT.
void for indefiniteness. See void for vagueness under
VOID.
void for vagueness. See VOID.
void-for-vagueness doctrine. 1. See VAGUENESS DOC
TRINE. 2. See void for vagueness under VOID.
void judgment. See JUDGMENT.
void legacy. See LEGACY.
void marriage. See MARRIAGE (1).
void on its face. See facially void under VOlD.
void process. See PROCESS.
voir dire (vwahr deer also vor deer or vor dIr), n.
[Law French "to speak the truth"] (17c) 1. A prelimi
nary examination of a prospective juror by a judge or
lawyer to decide whether the prospect is qualified and
suitable to serve on a jury . Loosely, the term refers to
the jury-selection phase ofa trial. [Cases: Jury (:::::> 131.J
2. A preliminary examination to test the competence
of a witness or evidence. [Cases: Witnesses (:::::>77.]
3. Hist. An oath administered to a witness requiring
that witness to answer truthfully in response to ques
tions. -Also spelled voire dire. -Also termed voir dire
exam; examination on the voir dire. -voir dire, vb.
voiture (vwah-t[y]oor), n. Carriage; transportation by
carriage.
volatile stock. See STOCK. volatility. In securities markets, the quality of having
sudden and extreme price changes.
volens (voh-Ienz), adj. [Latin] (1872) Willing. See NOLENS
VOLENS.
volenti non fit injuria (voh-Ien-tr non fit in-joor-ee-<l).
[Law Latin "to a willing person it is not a wrong," Le.,
a person is not wronged by that to which he or she
consents] (17c) The principle that a person who know
ingly and voluntarily risks danger cannot recover for
any resulting injury . This is the type of affirmative
defense that must be pleaded under Fed. R. Civ. P.
8(c). -Often shortened to valenti. See ASSUMPTION OF
THE RISK. [Cases: Negligence Torts (:::::> 126.]
"[Tlhe maxim 'Volenti non fit injuria' ... is certainly of
respectable antiquity. The idea underlying it has been
traced as far back as Aristotle, and it was also recogn
ised in the works of the classical Roman jurists, and in
the Canon Law. In English law, Bracton in his De Legibus
Angliae (ca. A.D. 1250-J258) uses the maxim, though not
with the technicality that attached to it later, and in a Year
Book case of 1305 it appears worded exactly as it is now.
So far as actual citation of the maxim goes, most of the
modern cases use it in (onnexion with harm to the person
rather than to property." P.H. Winfield, A Textbook of the
Law ofTort  13, at 24 (5th ed. 1950).
volition (va-lish-;m orvoh-), n. (17c) 1. The ability to
make a choice or determine something. 2. The act of
making a choice or determining something. 3. The
choice or determination that someone makes. -voli
tional, adj.
volitional test. See IRRESISTIBLE-IMP1;LSE TEST.
Volksgerictshof. See PEOPLE'S COURT (2)
Volstead Act (vol-sted). A federal statute enacted in 1919
to prohibit the manufacture, sale, or transportation of
liquor. Sponsored by Andrew Joseph Volstead of
Minnesota, a famous Prohibitionist, the statute was
passed under the 18th Amendment to the U.S. Consti
tution. When the 21st Amendment repealed the 18th
Amendment in 1933, the Volstead Act was voided.
[Cases: Intoxicating Liquors (:::::> 17.]
volume discount. See DISCOUNT.
volumen (vol-yoo-m<ln), n. [Latin "a rolled-up thing"]
Civil law. A volume. PI. volumina.
volumus (vol-<l-m<ls), vb. [Latin] Hist. We will; it is our
will.  This was the first word ofa clause in royal writs
of protection and letters patent. It uses the royal we
the plural first person by which monarchs have tradi
tionally spoken.
voluntariae jurisdictionis (vol-.:m-tair-ee-ee juur-is
dik-shee-oh-nis). [Latin] Hist. Ofor pertaining to vol
untary jurisdiction. See voluntary jurisdiction under
JURISDICTION.
voluntarily, adv. Intentionally; without coercion.
voluntarius daemon (vol-<ln-tair-ee-<ls dee-m"n), n.
[Law Latin "voluntary madman"] Hist. A drunkard;
one who has voluntarily contracted madness by intoxi
cation.
voluntary, adj. (14c) 1. Done by design or intention
<voluntary act>. 2. Unconstrained by interference; not

1711
impelled by outside influence <voluntary statement>.
3. Without valuable consideration or legal obligation;
gratuitous <voluntary gift>. [Cases: Contracts (:::>47.]
4. Having merely nominal consideration <voluntary
deed>. -voluntariness, n.
voluntary abandonment. See ABANDONMENT (3).
voluntary appearance. See APPEARANCE.
voluntary arbitration. See ARBITRATION.
voluntary assignment. See general assignment under
ASSIGNMENT (2).
voluntary association. See ASSOCIATION (3).
voluntary assumption of the risk. See ASSUMPTION OF
THE RISK.
voluntary bankruptcy. See BANKRUPTCY.
voluntary bar. See BAR.
voluntary bond. See BOND (3).
voluntary commitment. See COMMITMENT.
voluntary confession. See CONFESSION.
voluntary consent. See CONSENT (1).
voluntary contract. See gratuitous contract (2) under
CONTRACT.
voluntary conveyance. See CONVEYANCE.
voluntary courtesy. (17c) An act ofkindness performed
by one person toward another, from the free will of
the doer, without any previous request or promise of
reward made by the person who is the object of the
act.  No promise of remuneration arises from such
an act.
voluntary deposit. See DEPOSIT (5).
voluntary disclosure ofoffense. See DISCLOSURE (1).
voluntary discontinuance. See NONSUIT (1).
voluntary dismissal. See DISMISSAL (1).
voluntary dissolution. See DISSOLUTION.
voluntary escape. See ESCAPE (3).
voluntary euthanasia. See EUTHANASIA.
voluntary exposure to unnecessary danger. (1883) An
intentional act that, from the standpoint ofa reason
able person, gives rise to an undue risk ofharm. The
phrase suggests that the actor was consciously willing
to take the risk. [Cases: Insurance (:::>2592.]
voluntary ignorance. (1836) Willful obliviousness; an
unknowing or unaware state resulting from the neglect
to take reasonable steps to acquire important knowl
edge. [Cases: Insurance C::)2965; Negligence
212.]
voluntary improvement. See IMPROVEMENT.
voluntary intoxication. See INTOXICATION.
voluntary jurisdiction. See JURISDICTION.
voluntary lien. See LIEN.
voluntary manslaughter. See MANSLAUGHTER.
voluntary oath. See nonjudicial oath (1) under OATIL
vote
voluntary petition. See PETITION.
voluntary pilot. See PILOT.
voluntary pooling. See POOLING.
voluntary-registry law. See ADOPTION-REGISTRY STAT
UTE.
voluntary respite. See RESPITE.
voluntary sale. See SALE.
voluntary search. See SEARCH.
voluntary settlement. See SETTLEMENT (1).
voluntary statement. See STATEMENT.
voluntary stranding. See STRANDING.
voluntary surety. See SURETY.
voluntary suretyship. See SURETYSHIP.
voluntary trust. See TRUST.
voluntary unitization. See UNITIZATION.
voluntary waste. See WASTE (1).
voluntas (vd-Ian-tas), n. [Latin] Hist. 1. Volition, purpose,
or intention; a feeling or impulse that prompts the com
mission ofan act. 2. A will by which a testator plans to
dispose ofan estate; WILL.
voluntas testatoris (v.)-lan-tas tes-t.;J-tor-is). [Latin]llist.
'The intention ofa testator.
voluntatis non necessitatis (vol-;:m-tay-tis non n.;J-ses-i
tay-tis). [Latin] Hist. A matter of choice, not ofneces
Sity.
volunteer. (16c) l. A voluntary actor or agent in a trans
action; esp., a person who, without an employer's assent
and without any justification from legitimate personal
interest, helps an employee in the performance ofthe
employer's business. 2. The grantee in a voluntary
conveyance; a person to whom a conveyance is made
without any valuable consideration. See voluntary con
veyance under CONVEYANCE. 3. Military law. A person
who enters military service voluntarily and is then
subject to the same rules as other soldiers. Cf. DRAFT
(2). 4. A rchaic. See OFFICIOUS INTERMEDDLER.
Volunteers in Service to America. See VISTA.
vote, n. (15c) 1. The expression of one's preference or
opinion in a meeting or election by ballot, show of
hands, or other type of communication <the Republi
can candidate received more votes than the Democratic
candidate>.
absentee vote. See absentee voting under VOTING.
bullet vote. A vote cast for fewer nominees than are
being elected . A bullet vote slightly enhances the
ballot's effect on the outcome. Also termed bullet
ballot.
casting vote. A deciding vote cast by the chair ofa delib
erative assembly when the votes are tied . The U.S.
Constitution gives the Vice President the casting vote
in the Senate. U.S. Const. art. I,  3. [Cases: United
States C::>18.]
"One is, that to secure at all times the possibility of a
definite resolution of the body, it is necessary that the

1712 vote
President should have only a casting vote. And to take the
senator of any State from his seat as senator, to


2 vote
President should have only a casting vote. And to take the
senator of any State from his seat as senator, to place him
in that of President of the Senate, would be to exchange,
in regard to the State from which he came, a constant
for a contingent vote." The Federalist No. 68 (Alexander
Hamilton).
effective vote. A vote that counts toward a winning
candidate, to the extent needed to win . A vote that
goes to a winning candidate is "effective" to the extent
needed to win, and "excess" beyond that point. For
example, ifa candidate needs IOO votes and gets ISO,
then 50 votes are excess votes and each vote is two
thirds effective and one-third excess. Cf. excess vote;
wasted vote.
excess vote. A vote that counts toward a winning can
didate, beyond the extent needed to win. Cf. effective
vote.
exhausted vote. A preferential vote on which all the
ranked candidates have already been elected or elimi
nated. -Also termed exhausted ballot.
illegal vote. A vote that does not count because it was
cast by someone not entitled to vote or for an ineli
gible choice, or in a form or manner that does not
comply with the applicable rules. See spoiled ballot
under BALLOT (2). [Cases: Elections (::::>227.]
legal vote. A vote cast in the proper form and manner
for an eligible choice by someone entitled to vote.
paired vote. An abstention resulting from a pairing.
See PAIR.
preferential vote. A vote that ranks the choices in order
of preference. A preferential vote may be transfer
able or weighted. -Also termed preferential ballot.
Cf. Single transferable vote; weighted vote. [Cases: Elec
tions (::::>237.]
single transferable vote. A preferential vote that will
migrate or "transfer" away from a candidate whom
it will no longer help . Under transferable voting, a
candidate wins if his or her first-choice votes reach
the number needed to win, or the "threshold." Ifno
candidate reaches the threshold, the least-preferred
candidate is dropped and his or her votes transfer
to the next-preferred candidate on each ballot. If a
candidate reaches the threshold with an excess, that
excess still transfers -after being discounted by
the non-excess fraction needed to reach the thresh
old among the surviving candidates. Each transfer
preserves each vote as long as at least one candidate
that the voter ranked survives. The redistribution
continues until enough candidates reach the thresh
old or the number of surviving candidates equals
the number of representatives still to be elected. See
DROOP QUOTA. Also termed STY; transferable vote;
choice voting. [Cases: Elections .
transferable vote. See single transferable vote.
unintelligible vote. An otherwise legal vote cast in
a form from which the tellers cannot ascertain the
voter's intent.  On a secret ballot, no voter may
properly claim an unintelligible vote for the purpose ofexplaining it since the vote may have been cast by
another voter who cannot contradict the claimant
without sacrificing his or her right to secrecy.
vote ofno confidence. See NO-CO:-lFIDENCE VOTE.
wasted vote. A vote that does not count toward any
winning candidate. Cf. eflective vote; excess vote.
weighted vote. A nontransferable preferential vote
whose strength is allocated among the ranked pref
erences either by the voter or according to a series of
fixed weights. [Cases: Elections (::=>237.]
2. The total number of votes cast in an election <the
incumbent received 60% ofthe vote>. [Cases: Elections
L] 3. The majority or supermajority needed for a
certain question <a two-thirds vote>. [Cases: Elections
(:::>237.]
majority vote. See MAJORITY (2).
plurality vote. See PLURALITY.
tie vote. An equally divided vote . A tie vote is not
a deadlock unless the assembly is obliged to act, for
example when electing an officer to an office that will
otherwise be vacant. Cf. DEADLOCK. [Cases: Elections
unanimous vote. A vote in which every voter concurs.
See UNANIMOUS (2).
winner-take-all vote. An election in which the majority
(or sometimes the plurality) elects all the representa
tives. Cf. UNIT RULE; PROPORTIONAL REPRESENTA
TION; proportional voting under VOTING. [Cases:
Elections (::::>237.]
4. The act of voting, usu. by a deliberative assembly
<the Senate postponed the vote on the gun-control
bill>. [Cases: States (::::>35.] vote, vb.
counted vote. Parliamentary law. A vote taken in a way
that individually counts each voter . Examples of a
counted vote are a show of hands, a standing vote, a
roll-call vote, or a written ballot. See DIVISION (1).
division vote. See DIVISIO:-l (I).
lobby vote. A counted vote taken by each voter passing
through a lobby between tellers. Also termed teller
vote.
rising vote. 1. See standing vote. 2. A vote ofapprecia
tion demonstrated by the members standing, some
times silently but usu. with applause. -Also termed
rising vote ojthanks.
roll-call vote. A counted vote by roll call, in which the
secretary calls each member's name, in answer to
which the member casts aloud his or her vote . The
U.S. Constitution provides that "the Yeas and Nays of
the Members of either House on any question shall,
at the Desire of one fifth of those Present, be entered
on the Journal." U.S. Canst. art. I,  5, cl. 3. Also
termed vote by yeas and nays; yeas and nays. See roll
call under CALL (1). [Cases: United States C:=> 18.]
serpentine vote. A standing vote in which the voters
count off and sit down, with the count progressing up

1713
one row and down the next until each member on the
side of the question being counted has voted.
standing vote. A counted vote taken by each voter
standing up when his or her side of the question
is counted. Also termed rising vote; standing
division.
teller vote. See lobby vote.
viva voce vote. See voice vote.
voice vote. A vote taken by the voters collectively
answering aloud, usu. with "aye" or "nay," when their
side ofthe question is called. -Also termed viva voce
vote. [Cases: Elections C=>214.]
vote by show of hands. A vote taken by the voters
raising their hands when their side ofthe question is
counted. -Often shortened to show ofhands.
vote by yeas and nays. See roll-call vote.
vote dilution. See DILUTION (3).
vote immediately. See CLOSE DEBATE.
vote ofno confidence. See NO-CONFIDENCE VOTE.
voter. (I6c) 1. A person who engages in the act ofvoting.
2. A person who has the qualifications necessary for
voting. -Also termed (in sense 2) legal voter; qualified
voter. [Cases: Elections C':"59-87.]
registered voter. A person who is qualified to vote and
whose name is recorded in the voting district where
he or she resides. [Cases: Elections (,.~~95-119.]
voting. (16c) The casting of votes for the purpose of
deciding an issue.
absentee voting. (1932) 1. Participation in an election
by a qualified voter who is unable to appear at the
polls on election day. 2. ]he practice of allowing
voters to participate in this way. -Also termed (in
sense 1) absentee ballot; absentee vote. See absentee
ballot under BALLOT (2). Cf. early voting. [Cases: Elec
tions (;:::~ 126(6),216.1.]
choice voting. See single transferable vote under VOTE
(1).
class voting. (1941) A method ofshareholder voting in
which different classes of shares vote separately on
fundamental corporate changes that affect the rights
and privileges ofthat class. Also termed voting by
class; voting by voting group. [Cases: Corporations
C=>197.J
cumulative voting. (1884) A system in which each voter
may cast more than one vote for the same candidate.
 Cumulative voting helps a minority elect at least
one representative. It is common in shareholder elec
tions. [Cases: Corporations C=>200, 283(2).]
early voting. (1984) Voting before the day ofan election,
esp. during a period designated for that purpose .
Unlike with absentee voting, taking advantage of
early voting does not require the voter to swear to the
inability to come to the polling place on election day.
ct absentee voting. [Cases: Elections C=>205.l.j
first-past-the-post voting. See plurality voting. voting
Hare- Ware voting. See instant-runoff voting.
instant-runoff voting. A system of preferential voting
that mimics a runoff election by using each voter's
ranked preferences instead of a second round of
voting. See runoff election under ELECTION (3).
Also termed Hare- Ware voting; West Australian plan.
Abbr. IRV. [Cases: Elections C=>237.J
limited voting. A system in which each voter must cast
fewer votes than the number ofrepresentatives being
elected.
low-total voting. A system of weighted preferential
voting that adds up the ranked preferences -"1" for
a first choice, "2" for a second choice, and so forth
so that the most-preferred candidate wins by having
the lowest totaL See preferential voting; weighted vote
under VOTE (1). [Cases: Elections C=>237.J
majority voting. A system in which each voter may cast
one vote per representative being elected, and a simple
majority is required for election. [Cases: Corporations
C:.>283(2).]
noncumulative voting. (1956) A corporate voting
system in which a shareholder is limited in board
elections to voting no more than the number ofshares
that he or she owns for a single candidate . The result
is that a majority shareholder will elect the entire
board of directors. -Also termed straight voting.
[Cases: Corporations (::.-:>283(2).]
plurality voting. Election by plurality. See PLURAL
ITY. -Also termed first-past-the-post voting.
preferential voting. A system in which each voter ranks
the choices in order of preference . A preferential
vote may be transferable or weighted. -Also termed
rank-order voting. See Single transferable vote under
VOTE (1); weighted vote under VOTE (1). [Cases: Elec
tions C=>237.]
proportional voting. A system of transferable prefer
ential voting in a multi-representative election. See
preferential vote under VOTE (1); single transferable
vote under VOTE (1). -Also termed proportional rep
resentation. [Cases: Elections C=>237.]
rank-order voting. See preferential voting.
straight voting. See noncumulative voting.
two-round voting. A system in which the voting occurs
in two rounds, with the first round determining the
candidate's eligibility for the second round . 'The
second round may be a runoff between the top two
candidates from the first round, an election by plural
ity among candidates who won their political parties'
nominations in the first round, or an election by plu
rality among the candidates from the first round who
reached a certain threshold. See runoff election under
ELECTION (3). [Cases: Elections (;=>237.]
voting by class. See class voting.
voting by voting group. See class voting.
voting by yeas and nays. See roll-call vote under VOTE
(4).

1714 voting agreement
voting agreement. See POOLING AGREEMENT.
voting by class. See class voting under VOTING.
voting by voting gronp. See class voting under VOTING.
voting group. (1972) 1. A classification of sharehold
ers by the type of stock held for voting on corporate
matters. 2. Collectively, the shareholders falling within
such a classification.
voting member. See MEMBER.
Voting Rights Act. The federal law that guarantees a
citizen's right to vote, without discrimination based on
race, color, or previous condition ofservitude. 42 VSCA
 1971-1974. [Cases: Elections 0'7.: 12.)
voting security. See voting stock under STOCK.
voting stock. See STOCK.
voting-stock rights. A stockholder's right to vote stock
in the affairs of the company. -Typically, holders of
common stock have one vote for each share. Holders
ofpreferred stock usu. have the right to vote when pre
ferred dividends are in default for a specified period.
[Cases: Corporations
voting trust. See TRUST.
voting-trust certificate. A certificate issued by a voting
trustee to the beneficial holders of shares held by the
voting trust. _ A voting-trust certificate may be as
readily transferable as the underlying shares; it carries
with it all the incidents ofownership except the power
to vote. See voting trust under TRUST. [Cases: Corpora
tions G'::;) 198.1(3).]
votum (voh-tam), n. [Latin] Hist. A vow; a promise. See
dies votorum under DIES.
votum captandae mortis alienae (voh-tam kap-tan
dee mor-tis ay-Iee-ee-nee or al-ee-). [Latin) Hist. An
earnest desire for another's death. -An heir could not
sell his or her rights to an ancestor's estate because such
a transaction would likely induce votum captandae
mortis alienae.
vouch, vb. (14c) 1. To answer for (another); to personally
assure <the suspect's mother vouched for him>. 2. To
call upon, rely on, or cite as authority; to substanti
ate with evidence <counsel vouched the mathematical
formula for determining the statistical probability>. 3.
Hist. To call into court to warrant


sel vouched the mathematical
formula for determining the statistical probability>. 3.
Hist. To call into court to warrant and defend, usu. in a
fine and recovery. See FINE (1).4. His!. To authenticate
(a claim, etc.) by vouchers.
vouchee (vow-chee), n. Hist. 1. A person vouched into
court; one who has been vouched over. See VOUCH
OVER. 2. A person cited as authority in support ofsome
fact.
voucher, n. (17c) 1. Confirmation of the payment or
discharge of a debt; a 2. A written or printed
authorization to disburse money. 3. Hist. A person who
calls on another person (the vouchee) as a witness, esp.
in support of a warranty of title. 4. Hist. The tenant in
a writ of right. voucher to warranty. Hist. The calling into court of a
person who has warranted lands, by the person war
ranted, to come and defend a lawsuit.
vouching-in. (1849) 1. At common law, a procedural
device by which a defendant may give notice of suit
to a third party who may be liable to the defendant on
the subject-matter of the suit, so that the third party
will be bound by the court's decision. -Although this
device has been largely replaced by third-party practice,
it remains available under the Federal Rules of Civil
Procedure. Humble Oil & Refining Co. v. Philadelphia
Ship IVfaintenance Co., 444 F.2d 727, 735 (3d Cir. 1971).
[Cases: Federal Civil Procedure ~281; Parties ~49.)
2. The invitation ofa person who is liable to a defendant
in a lawsuit to intervene and defend so that, ifthe invi
tation is denied and the defendant later sues the person
invited, the latter is bound by any determination offact
common to the two lawsuits. See VCC  2-607. [Cases:
Indemnity~40, 79.)3. IMPLEADER.
vouch over, vb. (16c) To cite (a person) into court in one's
stead. See VOUCHEE (1).
vox signata (vahks sig-nay-ta). [Law Latin] Hist. A tech
nical word; a formal word. Pi. voces signatae.
voyage. Maritime law. The passing ofa vessel by sea from
one place, port, or country to another. -Courts gener
ally hold that the term includes the entire enterprise,
not just the route. [Cases: Shipping 165.]
foreign voyage. A voyage to a port or place within
the territory of a foreign nation. -Ifthe voyage is
from one port in a foreign country to another port in
the same country, it is considered a foreign voyage.
[Cases: Seamen ~18.]
freighting voyage. A voyage that involves a vessel's
transporting cargo between terminal points.
trading voyage. A voyage that contemplates a vessel's
touching and stopping at various ports to traffic in,
buy and sell, or exchange commodities on the owners'
and shippers' account.
voyage charter. See CHARTER (8).
voyage insurance. See INSURANCE.
voyage policy. See INSURANCE POLICY.
voyeur (voy-y;}r also vwah-y;}r), n. (1900) A person who
observes something without participating; esp., one
who gains pleasure by secretly observing another's
genitals or sexual acts. [Cases: Disorderly Conduct
~123.]
voyeurism, n. (1900) Gratification derived from observ
ing the genitals or sexual acts ofothers, usu. secretly.
[Cases: Disorderly Conduct 123.] voyeuristic,
adj.
V.P. abbr. See VICE PRESIDENT.
vs. abbr. VERses.
vulgar abuse. See verbal abuse under ABUSE.
vulgaris purgatio (val-gair-is par-gay-shee-oh), n. [Law
Latin] See ORDEAL (1).

1715
vulgar purgation. See PURGATION.
vulgar substitution. See SUBSTITUTION (4).
vulgo concepti (v31-goh bn-sep-tr), n. [Latin] Hist. Ille
gitimate children; bastards. vulture fund
vulgo quaesiti (v31-goh kwi-sI-tr), n. [Latin] Hist.
Spurious children; the offspring ofpromiscuity, so that
the true fathers are unknowable.
vulnerable adult. See ADULT.
vulture fund. See MUTUAL FUND.

w
W-2 form. (18c) (1948) Tax. A statement of earnings
and taxes withheld (including federal, state, and local
income taxes and FICA tax) during a given tax year.
The W-2 is prepared by the employer, provided to each
employee, and filed with the Internal Revenue Service.
Cf. w-4 FORM. [Cases: Internal Revenue ~~)4849.1
W-4 form. (1955) Tax. A form indicating the number of
personal exemptions an employee is claiming and that
is used by the employer in determining the amount of
income to be withheld from the employee's paycheck
for federal-income tax purposes. -Also termed
Employee's Withholding Allowance Certificate. Cf. W-2
FORM. [Cases; Internal Revenue C:::'-4849.]
wacreour (wah-kroor), n. [Law French) Hist. A
vagrant.
Wade hearing. (1969) Criminal law. A pretrial hearing
in which the defendant contests the validity of his or
her out-of-court identification. -Ifthe court finds
that the identification was tainted bv unconstitutional
methods, the prosecution cannot ~se the identifica
tion and must link the defendant to the crime by other
means. United States v. Wade, 388 U.S. 218, 87 S.Ct.
1926 (1967). [Cases: Criminal Law C:::'-339.11(2).]
wadia (way-dee-;), r!. [Law Latin] Hist. Pledges.
wadset, n. Scots law. 1. A mortgage. -Also termed (in
Roman law) fiducia. 2. A pledge or pawn.
wadset, vb. Scots law. 1. To mortgage. 2. To pledge.
wafer seal. See SEAL.
wafter (waf-t;)r), r!. [Middle English "convoyer"] Hist.
An English naval officer appointed under Edward IV
to protect fishermen, esp. on the coast of Norfolk and
Suffolk. -Also spelled waftor.
waga (way-g;), n. [Law Latin) Hist. A measure ofweight;
a measure ofgoods.
wage, n. (usu. pI.) (14c) Payment for labor or services, usu.
based on time worked or quantity produced; specif.,
compensation of an employee based on time worked
or output of production. -Wages include every form
of remuneration payable for a given period to an indi
vidual for personal services, including salaries, com
missions, vacation pay, bonuses, and the reasonable
value of board, lodging, payments in kind, tips, and
any similar advantage received from the employer. An
employer usu. must withhold income taxes from wages.
Cf. SALARY. [Cases: Labor and Employment <>:~j 168.]
covered wages. Wages on which a person is required
to pay social-security taxes. [Cases: Internal Revenue
<.r~4374.]
current wages. Wages for the current period; wages that
are not past due. front wages. Prospective compensation paid to a
victim ofjob discrimination until the denied position
becomes available. [Cases: Civil Rights (;:>1471,1571,
1583(2).]
minimum wage. The lowest permissible hourly rate
of compensation for labor, as established by federal
statute and required of employers engaged in inter
state commerce. 29 USCA  206. [Cases: Labor and
Employment C::::>2337.J
noncovered wages. Wages on which a person is not
required to pay SOCial-security taxes. [Cases: Internal
Revenue C=4374.]
real wages. Wages representing the true purchasing
power ofthe dollar, derived by dividing a price index
into money wages.
wage, vb. 1. To engage in (a war, etc.). 2. Archaic. To give
security for (a performance, etc.). Cf. GAGE.
Wage and Hour Division. The division of the Employ
ment Standards Administration in the U.S. Depart
ment ofLabor responsible for enforcing the Fair Labor
Standards Act, the Family and Medical Leave Act, the
Employee Polygraph Protection Act, and other work
place-related statutes and regulations. -Abbr. WHD.
See EMPLOYMENT STANDARDS ADMINISTRATION.
wage-and-hour law. A law (such as the federal Fair
Labor Standards Act) governing minimum wages and
maximum working hours for employees. [Cases: Labor
and Employment ~.J2215.]
wage-and-prke controls. A system ofgovernment-man
dated maximum prices that can be charged for differ
ent goods and services or paid to various workers in
different jobs.
wage-and-price freeze. See FREEZE.
wage assignment. 1. See attachment of wages under
ATTACHMENT (1). 2. INCOME-WITHHOLDING ORDER.
3. ASSIGNMENT (2).
wage-assignment order. See INCOME-WITHHOLDING
ORDER.
wage-earner's plan. See CHAPTER 13.
wager, n. (l4c) 1. Money or other consideration risked
on an uncertain event; a bet or gamble. 2. A promise
to pay money or other consideration on the occurrence
of an uncertain event. 3. See wagering contract under
CONTRACT. [Cases: Gaming 1.] -wager, vb.
wagerer, n.
wagering contract. See CONTRACT.
wager of battle. See TRIAL BY COMBAT.
wager oflaw. Hist. A method ofproof in which a person
defends against a claim by swearing that the claim is
groundless, and by enlisting others (compurgators) to

1717 waiver
swear to the defendant's credibility. Also termed
gager del ley (gay-jdr del lay); vadiatio legis (vad-ee-ay
shee-oh lee-jis). See COM PURGATION.
wager policy. See INSURANCE POLICY.
wages. See WAGE.
wage-withholding. See attachment of wages under
ATTACHMENT (1).
wage-withholding order. See INCOME-WITHHOLDING
ORDER.
Wagner Act. See NATIONAl. LABOR RELATIONS ACT.
wagonage (wag-d-nij). 1. Transportation by a wagon. 2.
The fee for carriage by wagon. 3. A group ofwagons.
waif, n. (l4c) 1. An abandoned article whose owner is
unknown, esp. something stolen and thrown away by
the thief in flight, usu. through fear of apprehension.
 At cornman law, ifa waif, whether stolen or merely
abandoned, was seized before the owner reclaimed
it, the title vested in the Crown. The owner was thus
punished for leaVing the property or for failing to
pursue the thief and attempting to recover the property.
Today, however, the general rule is that a waif passes to
the state in trust for the true owner, who may regain it
by proving ownership.
"Waifs, bona waviata, are goods stolen, and waived or
thrown away by the thief in his flight. for fear of being
apprehended. These are given to the king by the law, as a
punishment upon the owner, for not himself pursuing the
felon, and taking away his goods from him. And therefore
if the party robbed do his diligence immediately to follow
and apprehend the thief (which is called making fresh
suit) or do convict him afterwards, or procure evidence
to convict him, he shall have his goods again." 1 William
Blackstone, Commentaries on the Laws ofEngland 286-87
(1765).
2. Hist. A homeless person, esp. a woman or child; a
social outcast. See WAIVERY.
"(In the thirteenth century] a woman, though she cannot be
outlawed, can be 'waived: declared a 'waif,' and 'waiver'
seems to have all the effects of outlawry." 1 Frederick
Pollock & Frederic William Maitland, History ofEnglish Law
Before the Time ofEdward I 482 (2d ed. 1898).
wainable (way-nd-bdl), adj. Archaic. (Ofland) plowable;
tillable.
wainage (way-nii), n. Hist. 1. lhe plow, team, and other
implements used by a person (esp. a villein) to cultivate
the soil; instruments of husbandry. 2. Cultivated land
or the profits from it. Also termed wainagium; way
nagium (way-nay-jee-<'lm); (in sense 2) gainage.
wainbote. See BOTE (1).
wait-and-see principle. (1989) A modification to the rule
against perpetuities, under which a court may deter
mine the validity ofa contingent future interest based
on whether it actually vests within the perpetuities
period, rather than on whether it possibly could have
vested outside the period. -Also termed second-look
doctrine. [Cases: Perpetuities
waiting clerk. Hist. An officer who waits in attendance
on the court of chancery. The office of the waiting clerk was abolished in 1842 by the Court of Chancery
Act. St. 5 & 6 Viet. ch. 103.
waiting period. (1897) A period that must expire before
some legal right or rem


. 103.
waiting period. (1897) A period that must expire before
some legal right or remedy can be enjoyed or enforced.
 For example, many states have waiting periods for
the issuance of marriage licenses or the purchase of
handguns.
waive (wayv), n. Archaic. A woman who has by her
conduct deprived herself of the protection ofthe law; a
female outlaw . The term "outlaw" usu. referred only
to a male. See OUTLAW (1), (2).
waive, vb. (l4c) 1. To abandon, renounce, or surrender (a
claim, privilege, right, etc.); to give up (a right or claim)
voluntarily. Ordinarily, to waive a right one must do
it knowingly with knowledge of the relevant facts.
[Cases: Estoppel <::=>52.10.] 2. To refrain from insist
ing on (a strict rule, formality, etc.); to forgo. 3. Hist .
To declare someone a waif. See WAIF (2).
waiver (way-var), n. (17c) l. The voluntary relinquish
ment or abandonment express or implied of a
legal right or advantage; FORFEITURE (2) <waiver of
notice>. The party alleged to have waived a right
must have had both knowledge of the existing right
and the intention of forgOing it. Cf. ESTOPPEL. [Cases:
Estoppel <::=>52.10.]
'The term waiver is one of those words of indefinite con
notation in which our legal literature abounds; like a cloak,
it covers a multitude of sins." William R. Anson, Principles
of the Law of Contract 419 (Arthur L Corbin ed., 3d Am.
ed. 1919).
'''Waiver' is often inexactly defined as 'the voluntary
relinquishment of a known right.' When the waiver is
reinforced by reliance, enforcement is often said to rest
on 'estoppel.' ... Since the more common definition of
estoppel is limited to reliance on a misrepresentation of
an existing fact, reliance on a waiver or promise as to the
future is sometimes said to create a 'promissory estoppel:
The common definition of waiver may lead to the incorrect
inference that the promisor must know his legal rights
and must intend the legal effect of the promise. But ... it
is sufficient if he has reason to know the essential facts."
Restatement (Second) of Contracts  84 cmt. b (1979).
"Waiver is often asserted as the justification for a decision
when it is not appropriate to the circumstances." Robert
E. Keeton & Alan I. Widiss, Insurance Law  6.8, at 719
(1998).
"Although it has often been said that a waiver is 'the inten
tional relinquishment of a known right,' this is a misleading
definition. What is involved is not the relinquishment of a
right and the termination of the reciprocal duty but the
excuse ofthe nonoccurrence ofor a delay in the occurrence
of a condition of a duty." E. Allan Farnsworth, Contracts
 8.5, at 561 (3d ed. 1999).
express waiver. (I8c) A voluntary and intentional
waiver. [Cases: Estoppel <::=>52.10(2).]
implied waiver. (I8c) A waiver evidenced by a party's
decisive, unequivocal conduct reasonably inferring
the intent to waive. [Cases: Estoppel (;::-:;,>52.10(3).]
"An implied waiver may arise where a person has pursued
such a course of conduct as to evidence an intention to
waive a right, or where his conduct is inconsistent with
any other intention than to waive it. Waiver may be inferred
from conduct or acts putting one off his guard and leading
him to believe that a right has been waived. Mere silence,

1718 waiver by election of remedies
however, is no waiver unless there is an obligation to i
speak." 28 Am. Jur. 2d Estoppel and Waiver  160, at
845-46 (1966).
prospective waiver. (1889) A waiver ofsomething that
has not yet occurred, such as a contractual waiver of
future claims for discrimination upon settlement of
a lawsuit.
subject-matter waiver. A waiver that may result when
a party voluntarily discloses a communication or
privileged material about a particular topic to a third
party. A party's voluntary disclosure may lead a
court to find an implied waiver that extends to all
other communications relating to the same subject
matter. [Cases: Witnesses (;::::>219.]
waiver ofnotice. Parliamentary law. 'The waiver that
occurs when a defective notice for a meeting is issued
but every member attends and participates without
objecting to the defect.
2. The instrument by which a person relinquishes or
abandons a legal right or advantage <the plaintiff must
sign a waiver when the funds are delivered>.
jury waiver. A form signed by a criminal defendant
who relinquishes the right to have the trial conducted
before a jury. [Cases: Jury (;::::>29(6).]
lien waiver. A written and signed waiver of a sub
contractor's mechanic's lien rights, usu. submitted
to enable the owner or general contractor to receive
a draw on a construction loan. [Cases: Mechanics'
Liens (;::::>208.]
waiver by election ofremedies. (1873) A defense arising
when a plaintiff has sought two inconsistent remedies
and by a decisive act chooses one of them, thereby
waiving the other. [Cases: Election of Remedies
1.]
waiver hearing. See transfer hearing under HEARING.
waiver ofclaims and defenses. (1975) 1. The intentional
relinquishment by a maker, drawer, or other obligor
under a contract of the right to assert against the
assignee any claims or defenses the obligor has against
the assignor. [Cases: Assignments (;::::> 103; Bills and
Notes e=---'314; Secured Transactions 185.] 2. lhe
contractual clause providing for such a waiver.
waiver ofcounsel. (1870) A criminal defendant's inten
tional relinquishment of the right to legal representa
tion. To be valid, a waiver of counsel must be made
voluntarily, knowingly, and intelligently. [Cases:
Criminal Law (;::::> 1750-1757.]
waiver ofdefenses. Real estate. A document by which a
mortgagor acknowledges that the mortgage is good and
valid for the full amount of the mortgage note . This
document ensures that the mortgagor has no defenses
to the mortgage. Also termed estoppel certificate;
no-setoff certificate; declaration ofno defenses. [Cases:
Mortgages C=>415.]
waiver of exemption. (1846) 1. A debtor's voluntary
relinquishment of the right to an exemption from a
creditor's levy or sale ofany part ofthe debtor's personal property by judicial process. [Cases: Exemptions
89-99; Homestead C=> 169-176.] 2. The contractual
clause expressly providing for such a waiver. [Cases:
Exemptions C=>92; Homestead (;::::> 170.J
waiver ofimmunity. (1883) The act ofgiving up the right
against self-incrimination and proceeding to testify.
See IMMUNITY (3). [Cases: Witnesses C=>305.]
waiver of notice. See WAIVER (I).
waiver-of-premium clause. Insurance. A provision for
a waiver of premium payments after the insured has
been disabled for a specified length of time, such as six
months. [Cases: Insurance<~=>2035.1
waiver ofprotest. A relinquishment by a party to a nego
tiable instrument of the formality of protest in case of
dishonor. See PROTEST (2). [Cases: Bills and Notes
422.]
waiver ofservice. A defendant's voluntary submission to
the jurisdiction made by signing an acknowledgment of
receipt ofthe petition and stating that he or she waives
all further service. [Cases: Process C=>67.]
waiver of tort. (1815) The election to sue in quasi-con
tract to recover the defendant's unjust benefit, instead
ofsuing in tort to recover damages. See implied-in-law
contract under CONTRACT. [Cases: Action C=>28.]
"A person upon whom a tort has been committed and who
brings an action for the benefits rect'ived by the tortfea
sor is sometimes said to 'waive the tort.'" Restatement of
Restitution  525 (1937).
"'Waiver of tort' is a misnomer. A party only waives a tort in
the sense that he elects to sue in quasicontract to recover
the defendant's unjust benefit rather than to sue in tort to
recover damages; he has a choice of alternative remedies.
But the tort is not extinguished. Indeed it is said that it is
a sine qua non of both remedies that he should establish
that a tort has been committed." Lord Goff of Chieveley &
Gareth Jones, The Law ofRestitution 605 (3d ed. 1986).
waivery. Hist. The act of putting a woman outside the
protection ofthe law . At common law, a woman could
not be "outlawed" because she was not considered "in
law" that is, she could not undertake legal proceed
ings on her own. By Bracton's day, the effect of outlaw-
ing a woman was achieved by "waiving" her the act
being called waivery.
wakening. Scots law. The revival ofan action in which no
steps had taken for at least a year and a day.
walk, vb. (1958) Slang. 1. To be acquitted <though
charged with three thefts, Robinson walked each time>.
2. To escape any type of real punishment <despite the
seriousness of the crime, Selvidge paid only $750: he
walked>.
walker, n. Hist. A forester who inspects an assigned area
ofland.
Walker Process claim. Patents. A counterclaim in an
infringement suit, seeking a declaratory judgment that
the patent is invalid because its owner defrauded the
Patent Office . The claim is based on antitrust law,
alleging that the patentee wrongfully tried to monopo
lize a market. Walker Process Equip., Inc. v. Food Mach.

1719
& Chem., 382 U.S. 172,86 S.Ct. 347 (1965). -Also
termed Walker Process defense.
walkout. 1. STRIKE (1). 2. The act of leaving a work
assignment, meeting, or other event as a show of
protest. [Cases: Labor Relations C:::>290.]
wall. An erection of stone, brick, or other material
raised to varying heights, esp. inside or surrounding a
building, for privacy, security, or enclosure.
ancient wall. A party wall that has stood for at least
20 years, thus giving each party an easement right to
refuse to allow the other party to remove or substan
tially change the walL
party wall. A wall that divides two adjoining, sepa
rately owned properties and that is shared by the
two property owners as tenants in common. Also
termed common wall. [Cases: Party Walls C:::: 1-10.]
"There appears to be no precise legal definition of the
term 'party wall.' Four possible meanings are as follows: (a)
Tenancy in common: the two adjoining owners are tenants
in common of the wall. (b) Divided: the wall is divided lon
gitudinally into two strips, one belonging to each of the
neighbouring owners. (c) Divided with easements: the wall
is divided as in (b), but each half is subject to an easement
of support in favour ofthe owner of the other half. (d) Own
ership subject to easement: the wall belongs entirely to one
of the adjoining owners, but is subject to an easement or
right in the other to have it maintained as a dividing wall."
Robert E. Megarry & M.P. Thompson, A Manual of the Law
of Real Property 303-04 (6th ed. 1993).
wallia (wahl-ee-,,), n. [Law Latin] Hist. A wall (such as a
mound or bank) erected in marshy areas for protection
against the sea; a seawall.
Walsh Act. A statute, originally enacted in 1926, giving
federal courts the power to subpoena and compel the
return, testimony, and (if requested) production ofdoc
uments or other items ofU.S. citizens or residents who
are abroad. -The subpoena is available for criminal
proceedings, including grand-jury proceedings. 28
USCA  1783. [Cases: Grand Jury \.~36.2; Witnesses
. C=)6.]
Walsh-Healey Act. A federal law, enacted in 1936, stipu
lating that government contractors must: (1) pay their
workers no less than the prevailing minimum wage;
(2) observe the eight-hour day and 40-hour workweek
(with time-and-a-halffor work exceeding those hours);
(3) employ no convict labor and no females under 18 or
males under 16 years ofage; and (4) maintain sanitary
working conditions. 41 USCA  35 et seq. Also
termed Public Contracts Act; Walsh-Healey Public
Contracts Act.
wampum (wom-p"m), n. Hist. Indian money consisting
of shells, beads, or animal pelts. _ In 1637, it became
the first medium of exchange for the New England
colonies by order of the General Court of Massachu
setts, because England had not provided the colonies
with a standard of exchange. The Court ordered that
"wampampege should passe at 6 a penny for