Pronunciation Guide
a for all the vowel sounds in m as in motion, malice
burden, circus, function, wonder n as in notice, negate
a as in fact, plat ng as in long, ring
ah as in balm, father 0 as in contract, loss
am as in bar, start oh as in oath, impose
air as in flare, lair 00 as in rule, school
aw as in tall, law oor as in lure, tour
ay as in page, same or as in board, court
b as in balk, rob ow as in allow, oust
ch as in chief, breach oy as in join, ploy
d as in debt, docket p as in perjury, prize
e as in leg, tenant r as in revolt, terror
ee as in plea, legal s as in sanction, pace
eer as in mere, tier sh as in sheriff, flash
er as in merit, stationery t as in term, toxic
f as in father, off th as in theory, theft
g as in go, fog th as in there, whether
h as in hearsay, hold uu as in took, pull
hw as in whereas, while uur as in insurance, plural
i as in risk, intent v as in vague, waiver
I as in crime, idle w as in warranty, willful
J as in jury, judge y as in year, yield
k as in kidnap, flak z as in zoning, maze
1 as in lawyer, trial zh as in measure, vision

Guide to the Dictionary
1. Alphabetization
All headwords, including abbreviations, are alphabetized letter by letter, not word
by word, Spaces, apostrophes, hyphens, virgules, and the like are ignored, An
ampersand (&) is treated as ifit were the word and, For example:
Pan-American Convention
P&L
Panduit test
per annum
PIE ratio
per capita
percentage lease
per diem
peremptory
Numerals included in a headword precede the letter "a" and are arranged in
ascending numerical order:
Rule IOb-5
Rule 11
rule absolute
rulemaking
rule ofn
ruleof78
A numeral at the beginning ofa headword is alphabetized as if the numeral were
spelled out:
Eighth Amendment
eight-hour law
8-K
ejection
Commas break the letter-by-letter alphabetization if they are backward-looking
(e,g" attorney, power oj), but not if they are forward-looking (e,g" right, title, and
interest),
2. Pronunciations
Boldface syllables receive primary stress:
oligopoly (ol-<l-gop-<l-lee), n,
Ifa word has more than one acceptable pronunciation, the preferred pronunciation appears first and the variant form after or:
talesman (taylz-m~n ortay-leez-m~n),
A pronunciation ofdubious standing is preceded by also:
condition precedent (pr<l-seed-,:mt also pres-a-d;mt),
For variably pronounced syllables, often only the changed syllables are included,
ejusdem generis (ee-j;Js-dam jen-a-ris also ee-joos- or ee-yoos-),
page-xxv

GUIDE TO THE DICTIONARY
Brackets in pronunciations indicate an optional sound:
fiduciary (fi-d[y]oo-shee-er-ee), adj.
For handy reference, the pronunciation gUide is located inside the front cover.
3. Etymologies
The origins of most foreign words and phrases are given in brackets. By far the
most frequent etymologies are "Latin" (Le., classical Latin used during the Roman
Empire) and "Law Latin" (i.e., the Anglicized Latin formerly used in legal docu
ments and proceedings). Essentially, the Law Latin tag corresponds to what some
dictionaries call Late Latin and others call Medieval Latin. Other languages of
origin are listed as well, including French, Law French (Le., medieval common
law French), Old English, Greek, German, and Dutch.
4. Dates
The parenthetical dates preceding many ofthe definitions show the earliest known
use ofthe word or phrase in English. For some words, the date is merely a century
(e.g., 14c), but for most ofthe recently emerging vocabulary a precise year is given.
The editors hope to extend this feature to most or even all the entries in future
editions. Interested researchers should know that we welcome certifiable antedat
ings.
5. Tags
Two types oftags appear. First, there are usage tags:
Rist. == historical; no longer current in law
Archaic = old-fashioned and declining in use
Rare = very infrequent in modern usage
Slang = very informal
Second, there are many subject -matter tags thatidentify the field oflaw that a par
ticular term or sense belongs to (e.g., Antitrust, Commercial law, Insurance, and
Wills & estates). Two ofthese tags deserve special mention. Roman law indicates
a term that can be traced back to the legal system ofthe ancient Romans. Civil
law indicates a term that is used in modern civil-law systems, including much of
the law in Louisiana.
6. Angle Brackets
Contextual illustrations ofa headword are given in angle brackets:
avail, n. 1. Use or advantage <oflittle or no avail>. 2. (pl.) Profits or proceeds,
esp. from a sale of property <the avails of the trust fund>.
page-xxvi

GUIDE TO THE DICTIONARY
7. Bullets
Bullets are used to separate definitional information (before the bullet) from
information that is not purely definitional (after the bullet), such as encyclopedic
information or usage notes.
8. Cognate Forms
This dictionary lists corresponding parts ofspeech. For example, under the defini
tion of consultation, the corresponding verb (consult) and adjectives (consulting,
consultative) are listed.
Ifa cognate form applies to only one sense of a headword, that form is denoted
as follows:
enjoin, vb. 1. To legally prohibit or restrain by injunction <the company was
enjoined from selling its stock>. [Cases: Injunction 1.] 2. To prescribe,
mandate, or strongly encourage <the graduating class was enjoined to uphold
the highest professional standards>. -enjoinment (for sense 1), n. enjoinder
(for sense 2), n.
9. Cross-references
a. See
The signal See is used in three ways.
(1) To indicate that the definition is at another location in the dictionary:
call loan. See LOAN.
perpetuities, rule against. See RULE AGAINST PERPETUITIES.
(2) To refer to closely related terms:
nationalization, n. 1. The act of bringing an industry under govern
mental control or ownership. [Cases: International Law C=' 10.16.]
2. The act of giving a person the status of a citizen. See NATURAL
IZATION. [Cases: Aliens (;::>60-70.]
cognovit (kog-noh-vit). [Latin "the person has conceded (a debt or an
action)"] An acknowledgment of debt or liability in the form of a
confessed judgment. See confession ofjudgment under JUDGMENT.
(3) To refer to a synonymous subentry:
binding instruction. See mandatory instruction under JURY INSTRUC
TION.
b. Cf.
Cf is used to refer to related but contrastable terms:
Gallagher agreement. A contract that gives one codefendant the right
to settle with the plaintiff for a fixed sum at any time during trial
and that guarantees payment of the sum regardless of the trial's
outcome. City ofTucson v. Gallagher, 493 P.2d 1197 (Ariz. 1972). Cf.
MARY CARTER AGREEMENT.
page-xxvii

GUIDE TO THE DICTIONARY
false imprisonment. A restraint of a person in a bounded area without
justification or consent.  False imprisonment is a common-law
misdemeanor and a tort. It applies to private as well as governmental
detention. Cf. false arrest under ARREST. [Cases: False Imprison
ment<>2.]
c. Also termed
The phrase also termed at the end of an entry signals a synonymous word or
phrase. Variations include also spelled, also written, and often shortened to.
d. Terms with multiple senses
Ifthe cross-referenced term has multiple senses, the particular sense referred
to is indicated in parentheses:
light work. See WORK (1).
rule day. See return day (3) under DAY.
10. Citations
To help dictionary users find the most current caselaw, thousands of entries contain
bracketed pointers to West's key-number system (preceded by Cases), identifying
the topics and sections relevant to the definition:
ready, willing, and able. (Of a prospective buyer) legally and financially
capable of consummating a purchase. [Cases: Brokers PS4; Specific
Performance <>87.]
There may be a set ofdifferent citations for different senses ofa term:
abatement (d-bayt-m;mt), n. The suspension or defeat of a pending
action for a reason unrelated to the merits of the claim <the defendant
sought abatement ofthe suit because of misnomer>. See plea in abate
ment under PLEA. [Cases: Abatement and Revival
11. Quotations
The editors have selected quotations on the basis of aptness, insight, and clarity.
Most quotations are included because they provide information or nuances that
would not otherwise be available within the strict confines ofa traditional defini
tion. Quotations are set off in smaller, sans serif type:
discovery abuse. 1. The misuse of the discovery process, esp. by making
overbroad requests for information that is unnecessary or beyond the
scope ofpermissible disclosure or by conducting discovery for an improper
purpose.
"The term 'discovery abuse' has been used as if it were a single concept, but it
includes several different things. Thus, it is useful to subdivide 'abuse' into 'misuse'
and 'overuse: What is referred to as 'misuse' would include not only direct violation
of the rules, as by failing to respond to a discovery request within the stated time
limit, but also more subtle attempts to harass or obstruct an opponent, as by giving
obviously inadequate answers or by requesting information that clearly is outside the
scope of discovery. By 'overuse' is meant asking for more discovery than is neces
sary or appropriate to the particular case. 'Overuse,' in turn, can be subdivided into
page-xxviii

GUIDE TO THE DICTIONARY
problems of 'depth' and of 'breadth,' with 'depth' referring to discovery that may be
relevant but is simply excessive and 'breadth' referring to discovery requests that go
into matters too far removed from the case." Charles Alan Wright, The Law ofFederal
Courts  81, at 580 (5th ed, 1994),
Older quotations show what scholars have said about legal terminology at par
ticular points in history. Some ofthe older quotations may not fully reflect current
law.
12. Subentries
Many terms in this dictionary are collected by topic. For example. the different
types of contracts, such as bilateral contract and gratuitous contract, are defined
under the main term contract. (Cross-references in Band G will redirect the reader
who looks up bilateral contract or gratuitous contract to contract.) Ifa term has
more than one sense, then the corresponding subentries are placed under the
appropriate sense ofthat term.
13. Typefaces
The typefaces used in this dictionary are mostly self-explanatory. For instance, all
headwords and cognate forms are in boldface type, and all subentries are italicized.
As for headwords offoreign origin, those that are fully naturalized are in boldface
Roman type, while those that are not fully naturalized are in boldface italics. Gen
erally, small caps are used with "See" and "Cf." cross-references to main entries.
There are, however, three other uses of small caps deserving special mention.
a. 	Small caps refer to a synonymous headword. In the following example, the
small caps suggest that you review the definition at contiguous for more infor
mation:
adjoining. Touching; sharing a common boundary; contiguous.
adjoin, vb.
b. 	Small caps also refer to the predominant form when it may be phrased or
spelled in more than one way. For example, the following uses of small caps
direct you to the entries at perjury and payor:
false swearing. See PER fURY.
payer. See PAYOR.
c. 	Small caps also refer to the spelled-out form of abbreviations (the term is defined
at the spelled-out headword, not the abbreviated form). For example:
FDIC. abbr. FEDERAL DEPOSIT INSURANCE CORPORATION.
Federal Deposit Insurance Corporation. A federal corporation that
protects bank and thrift deposits by insuring accounts up to $100,000,
examining banks that are not members of the Federal Reserve System,
and liquidating failed institutions. Abbr. FDIC.
page-xxix

GUIDE TO THE DICTIONARY
14. West Key-Number System
Many entries contain citations to West's key-number classification system as a
legal-research tool.
[Cases: Federal Civil Procedure (;::) 1261, 1278; Pretrial Procedure (:=>28.]
15. Abbreviations
For a list ofabbreviations used within entries see p. xxxi. For a list ofabbreviations
used within legal texts generally, see Appendix A.
16. Latin Maxims
The first six editions of Black's Law Dictionary interspersed hundreds oflegal
maxims (full Latin or Law French sentences) within the main body ofthe diction
ary, somewhat cluttering the main text. For greater convenience, a much fuller set
ofmaxims was collected into an appendix in the seventh edition. Newly corrected
and amplified, that collection is now found in Appendix B.
page-xxx

List ofAbbreviations
abbr. abbreviated as; abbreviation for
adj. adjective
adv. = adverb
BrE = British English
ca. circa
cap. = capitalized
cf. (confer) compare with
ch. chapter
conj. conjunction
ed. edition; editor
e.g. (exempli gratia) for example
esp. especially
et seq. (et sequentes) and those (pages or sections) that follow
fro = from; derived from
id. = (idem) in the same work
i.e. (id est) that is
I.e. lowercase
n. noun; note
no


work
i.e. (id est) that is
I.e. lowercase
n. noun; note
no. == number , paragraph
pI. plural
pp. pages
p.pI. past participle
prep. == preposition
pt. =: part
repr. == reprinted
rev. revised by; revision
 section
sing. Singular
specif. = specifically
usu. == usually
vb. verb
page-xxxi

A
a. 1. (usu. cap. & often ital.) A hypothetical person <A
deeds Blackacre to B>. 2. [Latin] From; by; in; on; of; at.
3. [Law Latin] With. 4. [Law French] Of; at; to; for; in;
with. 5. Securities. A letter used in a newspaper stock
transaction table to indicate that cash was paid during
the year in addition to regular dividends. 6. Securities.
A letter used in a newspaper mutual-fund transaction
table to indicate a yield that may include capital gains
and losses as well as current interest. 7. (cap.) Securi
ties. A letter used in a newspaper corporate earnings
report to identify the American Stock Exchange as the
primary market of a firm's common stock. 8. (cap.)
Securities. An above-average grade given to a debt obli
gation by a rating agency . The grades, as ranked by
Standard & Poor's, range from AAA (highest) down
to CCc. The equivalent standards from Moody's are
Aaa, Aa, A, Baa, and so on down to C. 9. Marine insur
ance. A rating assigned in Lloyd's Register ofShipping
to ships considered to be in first-class condition. 10.
abbr. ADVERSUS. 11. (cap.) Hist. A scarlet letter worn
as punishment by a person convicted of adultery. 12.
Roman law. An abbreviation for absolvo written on
wooden tablets by criminal-court judges to indicate a
vote for acqUittal. 13. Roman law. An abbreviation for
antiquo ("for the old law") written on wooden tablets
by the participants in a popular assembly to indicate a
vote against a proposed bill. 14. (cap.) abbr. ATLANTIC
REPORTER.
A.2d. abbr. Atlantic Reporter Second Series. See
ATLANTIC REPORTER.
AAA. abbr.!. AMERICAN ARBITRATION ASSOCIATION. 2.
AMERICAN ACCOUNTING ASSOCIATION. 3. AMERICAN
ACADEMY OF ACTUARIES. 4. AGRICULTURAL ADJUST
MENT ACT. 5. See accumulated-adjustments account
under ACCOUNT.
AAC. abbr. AN::-IO ANTE CHRISTUM.
AACN. abbr. ANNO ANTE CHRISTUM NATUM.
AALL. abbr. American Association of Law Libraries,
founded in 1906 to promote law libraries and scholar
ship in the field oflaw-library science.
AALS. abbr. ASSOCIATION OF AMERICAN LAW
SCHOOLS.
AARCC. abbr. ALTERNATIVE AGRICULTURAL RESEARCH
AND COMMERCIALIZATION CORPORATIO::-l.
AAU. abbr. Amendment to allege use. See TRADEMARK
APPLICATION AMENDMENT.
a aver et tener (ayay-var [or ah ah-var] et ten-ar). [Law
French] To have and to hold. See HABENDUM CLAUSE.
AB. abbr. See able-bodied seaman under SEAMAN.
ab, prep. [Latin] From; by; of. ABA. abbr. 1. AMERICAN BAR ASSOCIATION. 2. AMERICAN
BANKERS ASSOCIATION.
ahacinate (a-has-a-nayt), vb. To blind (a person) by
placing a red-hot iron or metal plate in front of the
eyes.
abaction (ab-ak-sh:m). See ABIGEATUS.
ab actis (ab ak-tis), n. [Latin "in relation to proceedings"]
Roman law. An officer responsible for public records
(acta), registers, journals, or minutes; a court clerk; a
notary.
abactor (ab-ak-tar or -tor). See ABIGEUS.
ab agendo (ab a-jen-doh), adj. [Latin] Unable to act; inca
pacitated for business or transactions of any kind.
abalienation (ab-ayl-ya-nay-sh,m), n. [fro Latin abalien
are "to alienate"] Civil law. The transfer ofan interest in
or title to property; ALIENATION (2). In Roman law,
the term was abalienatio ("a perfect conveyance from
one Roman citizen to another"), which was anglicized
to abalienation. -abalienate, vb.
abamita (a-bam-a-ta). [Latin] Civil law. A great-great
great aunt.
abandoned application. Patents & Trademarks. An
application removed from the U.S. Patent and Trade
mark Office docket ofpending applications because
the applicant (or the applicant's attorney or agent of
record) filed an express notice ofabandonment, failed
to take appropriate or timely action at some stage in
the prosecution of a nonprovisional application, or
failed to pay the issue fee. Abandonment ofa patent
or trademark application does not automatically result
in abandonment ofthe invention or the mark because
an abandoned application may be revived by petition.
Cf. abandoned invention under INVENTION; abandoned
mark under TRADEMARK. [Cases: Patents 107.]
abandoned experiment. Patents. An unsuccessful
attempt to reduce an invention to practice . Unless it
is publicly known, an abandoned experiment does not
qualify as prior art under  102 ofthe Patent Act, so it
does not bar future patents.
abandoned invention. See INVENTION.
abandoned mark. See abandoned trademark under
TRADEMARK.
abandoned property. See PROPERTY.
abandoned, suppressed, or concealed, adj. Patents.
Intentionally or accidentally hidden from public notice,
not reduced to practice, or not patented. Another
person's earlier invention will not be considered prior
art if the first inventor abandoned the field to others
or is held to have lost the right to patent by suppress
ing or concealing the invention. But ifthe suppression

2 abandoned trademark
or concealment occurred after the art was known to
the public, then it still qualifies as prior art. See MPEP
 2138.03. [Cases: Patents (:=>82.]
abandoned trademark. See TRADEMARK.
abandonee ( ..-ban-d..-nee). (1848) One to whom property
rights are relinquished; one to whom something is
formally or legally abandoned.
abandonment, n. (1809) I. The relinquishing of a right
or interest with the intention of never reclaiming it.
In the context of contracts for the sale ofland, courts
sometimes use the term abandonment as ifit were syn
onymous with rescission, but the two should be dis
tinguished. An abandonment is merely one party's
acceptance ofthe situation that a nonperforming party
has caused. But a rescission due to a material breach
is a termination or discharge of the contract for all
purposes. 2. Property. The relinquishing of or departing
from a homestead, etc., with the present, definite, and
permanent intention of never returning or regaining
possession. 3. Family law. The act ofleaving a spouse or
child willfully and without an intent to return. -Child
abandonment is grounds for termination of parental
rights. Spousal abandonment is grounds for divorce. Cf.
DESERTION. [Cases: Divorce (:=>37; Infants
"The lines of distinction between abandonment and the
many forms of child neglect are often not very dear so that
failure to support or to care for a child may sometimes be
characterized as abandonment and sometimes as neglect."
Homer H. Clark Jr., The Law of Domestic Relations in the
United States  20.6, at 895 (1988).
abandonment ofminor children. See NONSUPPORT.
constructive abandonment. See constructive desertion
under DESERTION.
malicious abandonment. 1. lhe desertion ofa spouse
without just cause. See criminal desertion under
DESERTION. [Cases: Divorce(:=> 37.]2. See voluntary
abandonment.
voluntary abandonment. 1. As a ground for divorce,
a final departure without the consent of the other
spouse, without sufficient reason, and without the
intention to return. [Cases: Divorce (:=>37.] 2. In
the law of adoption, a natural parent's willful act or
course ofconduct that implies a conscious disregard
of or indifference to a child, as if no parental obliga
tion existed. Also termed malicious abandonment.
[Cases: Adoption (:=>7.4.]
4. Criminal law. RENUNCIATION (3). 5. Bankruptcy. A
trustee's court-approved release of property that is bur
densome or of inconsequential value to the estate, or
the trustee's release of nonadministered property to the
debtor when the case is closed. [Cases: Bankruptcy (:=>
3131-3137.]6. Contracts. RESCISSION (2).7. Insurance.
An insured's relinqUishing ofdamaged or lost property
to the insurer as a constructive total loss. Cf. SALVAGE
(2). [Cases: Insurance (:=>2237.] 8. Trademarks. A mark
owner's failure to maintain the mark's proper use in
commerce or failure to maintain its distinctive char
acter. -Abandonment is an affirmative defense to an
action for trademark infringement. -Also termed nonuse. [Cases: Trademarks 1153, 1532.] 9. Hist.
Copyright. An affirmative defense to a copyright
infringement claim governed by pre-1989 law, based
on the author's general publication of the work without
a copyright notice. -Before March 1989, authors who
did not affix a copyright notice to their published
works risked losing legal protection for those works.
Congress eliminated the copyright-notice requirement
when it ratified the Berne Convention. [Cases: Copy
rights and Intellectual Property (:=>50.1(4).] 10. Intel
lectual property. The loss of an intellectual-property
right, as by disuse, neglect offormalities, failure to pay
a required fee, or (for a trade secret) failure to ensure
concealment. -abandon, vb.
abandonment by operation oflaw. See constructive
abandonment.
actual abandonment. 1. Patents. Intentional relin
quishment of the right to patent protection, evi
denced, for example, by more than mere inactivity
or delay in filing the application. -Actual abandon
ment may be express or implied, but every reasonable
doubt about intent will be resolved in the inventor's
favor. [Cases: Patents (:=>82.] 2. Trademarks. Inten
tionalloss of trademark protection by discontinuing
commercial use ofthe mark with the intention of not
using it again. [Cases: Trademarks (:=>1155.]
constructive abandonment. I. Patents. The closing ofa
patent -application prosecution by the U.S. Patent and
Trademark Office when an applicant fails to respond
to an office action within the time allowed, usu. six
months, or fails to pay an issue fee. -If the delay
was unintentional or unavoidable, the application
may be revived. [Cases: Patents (:=> 107. ] 2. Patents.
Abandonment of an invention by operation of law
regardless of the inventor's intention, such as when
the inventor forfeits the right to patent by selling or
offering to sell the invention or by describing it in a
publication more than a year before seeking patent
protection. 35 USCA  102. [Cases: Patents (:=>80.]
3. Trademarks. An owner's loss oftrademark protec
tion, regardless ofwhether the mark is registered, by
allowing the mark to lose its distinctiveness, such as
by letting the name become a generiC term for that
type ofgoods, or by otherwise failing to maintain the
mark's distinctive character. -For example, licensing
the use of the mark without retaining control over
how it is used may result in constructive abandon
ment. -Also termed abandonment by operation of
law. [Cases: Trademarks (:=> 1164,11661.
express abandonment. Patents. An applicant'S inten
tional and clear termination ofa patent prosecution.
 An express abandonment must be made in a signed
writing and received by the U.S. Patent and Trade
mark Office in time for the Office to act before the
patent issues. Once an application is expressly aban
doned, it cannot be revived, and the applicant cannot
preclude the public from freely availing itself of the
invention'S benefits. Unless there is an express aban
donment filed, abandonment of a patent application

3
does not result in abandonment of the invention.
Also termed formal abandonment. [Cases: Patents
formal abandonment. See express abandonment.
implied abandonment. Patents. An inventor's failure to
take steps to protect an invention, such as by failing to
claim the invention when disclosed in a patent appli
cation or by permitting an application to be aban
doned, esp. by failing to file an answer to an office
action within the time allowed. [Cases: Patents
107.]
abandonment ofcontest. Patents. A party's withdrawal
from an interference contest.  The abandonment of
contest must be in writing. The contest is dissolved as
to the abandoning party. [Cases: Patents C::;> 106(5).]
abandum (;l-ban-dam), n. [Law Latin] Hist. A thing that
has been forfeited. -Also spelled abandun; abando
num.
ab ante (ab an-tee), adv. [Latin] Hist. Before; beforehand;
in advance. Also termed ab antecedente.
ab antiquo (ab an-tI-kwoh), adv. [Law Latin] Hist. From
ancient times; ofold. Also termed ab anti


-tI-kwoh), adv. [Law Latin] Hist. From
ancient times; ofold. Also termed ab antiqua.
abarnare (ab-ahr-nair-ee), vb. [Law Latin] Hist. To detect
or disclose a secret crime; to bring to judgment.
abatable nuisance. See NUISANCE.
abatamentum (a-bay-t;l-men-t;lm), n. [Law Latin] Hist.
See ABATEMENT (5).
ahatare (ab-;l-tair-ee), vb. [Law Latin] Hist. To abate.
abatement (;l-bayt-m;lnt), n. (14c) 1. The act of elimi nat
ing or nullifying <abatement of a nuisance> <abate
ment of a writ>. [Cases: Nuisance IS, 77.] 2. The
suspension or defeat of a pending action for a reason
unrelated to the merits of the claim <the defendant
sought abatement of the suit because of misnomer>.
See plea in abatement under PLEA. [Cases: Abatement
and Revival C=>5S.]
"Although the term 'abatement' is sometimes used loosely
as a substitute for 'stay of proceedings,' the two may be
distinguished on several grounds. For example, when
grounds for abatement of an action exist, the abatement
of the action is a matter of right, but a stay is granted in
the court's discretion. And in proper circumstances a court
may stay a proceeding pending the outcome of another
proceeding although a strict plea in abatement could not
be sustained." 1 Am. Jur. 2d Abatement, Survival, and
Revival  3 (1994).
3. The act oflessening or moderating; diminution in
amount or degree <abatement of the debt>. 4. Wills &
estates. The reduction of a legacy, general or specific, as
a result ofthe estate's being insufficient to pay all debts
and legacies <the abatement oflegacies resulted from
the estate's insolvency>. Cf. ADEMPTION. lCases: Wills
C::;>804-818.] 5. Archaic. The act oftortiously entering
real estate after the owner dies and before the legal heir
enters <abatement of freehold>. Also termed (in
sense 5) abatamentum. -abate, vb. abatable, adj. ABC test
abatement clause. (1890) A lease provision that releases
the tenant from the rent obligation when an act ofGod
or other specified reason precludes occupancy.
abater C;l-bay-t;lr or -tor). 1. One who abates something.
2. A plea in abatement. See plea in abatement under
PLEA.
abator (;l-bay-t;lr or -tor). (16c) 1. A person who elimi
nates a nuisance. See ABATEMENT (1). [Cases: Nuisance
C::;>20, 74.] 2. Hist. A person who tortiously intrudes
on an heir's freehold before the heir takes possession.
See ABATEMENT (5).
abatuda (ab-;l-t[y]oo-d;l), n. Law Latin abatudus
"debased") Hist. A thing diminished, such as money
reduced in value by dipping (moneta abatuda).
abavia (;l-bay-vee-;l), n. [Latin] Civil law. A great-great
grandmother.
abavunculus (ab-;l-vang-kY;l-las), n. [Latin] Civil law.
A great-great-great uncle. Also termed avunculus
maximus.
abavus (ab-a-vas), n. [Latin] Civil law. A great-great
grandfather.
abbacy (ah-;l-see). Eccles. law. An abbot's jurisdiction
or term of tenure.
abbess (ab-is). Eccles. law. A female superior or governess
of a convent. Cf. ABBOT.
abbey (ab-ee). Eccles. law. A monastery governed by an
abbot, or a convent governed by an abbess.
abbey land. (usu pi.) Hist. Real property held by an abbey
in mortmain and therefore exempt from tithes. See
MORTMAIN.
abbot (ab-;lt). Eccles. law. A superior or governor of an
abbey. Cf. ABBESS.
abbreviated term sheet. See TERM SHEET.
Abbreviatio Placitorum (;l-bree-vee-ay-shee-oh plas-i
tor-;lm), n. [Law Latin "summary ofthe pleas"] Hist. An
abstract ofpleadings culled from the rolls of the Curia
Regis, Parliament, and common-law courts from the
12th to 14th centuries, compiled in the 17th century,
printed in 1811, and attributed variously to Arthur
Agarde, Deputy Chamberlain of the Exchequer, and
to other keepers of the records. Cf. YEAR BOOKS.
abbreviator. 1. One who abbreviates, abridges, or
shortens. 2. Eccles. law. An officer in the court of
Rome appointed as assistant to the vice-chancellor for
drawing up the Pope's briefs and reducing petitions,
when granted, into proper form to be converted into
papal bulls.
abbroachment (;l-brohch-mant), n. Hist. The act offore
stalling the market by buying wholesale merchandise to
sell at retail as the only vendor. Also spelled abbro
chment; abbrochement. -abbroach, vb.
ABC test. The rule that an employee is not entitled to
unemployment insurance benefits if the employee
(A) is free from the control of the employer, (B) works
away from the employer's place ofbusiness, and (C) is
engaged in an established trade. _ The name derives

4 ABC transaction
from the A, B, and C commonly used in designating
the three parts ofthe test. [Cases: Unemployment Com
pensation C;:::> 16,28,29].
ABC transaction. Oil & gas. A sale ofa working interest
from an owner (A) to an operator (B) in return for a
cash payment and the right to another (usu. larger)
payment when the well produces, followed by Ns sale
of the right to the production payment to a corpora
tion (C), which pays A in cash borrowed from a lender
on C's pledge of the production payment.  Thus A
receives cash taxed at capital-gains rates, and B pays
part ofthe purchase price with nontaxable production
income. The tax advantages of this transaction were
eliminated by the Tax Reform Act of 1969.
abdication (ab-di-kay-sh;m), n. The act ofrenouncing or
abandoning privileges or duties, esp. those connected
with high office <Edward VIII's abdication of the
Crown in 1936> <the court's abdication ofits judicial
responsibility>. abdicate (ab-di-kayt), vb. abdi
cable (ab-di-ka-bal), adj. -abdicator (ab-di-kay-tar),
n.
abditory (ab-di-tor-ee), n. [Law Latin abditorium "box,
receptacle"] A repository used to hide and preserve
goods or money. -Also termed abditorium (ab-di
tor-ee-am).
abduction (ab-d3k-shan), n. (17c) Criminal law. l. The act
ofleading someone away by force or fraudulent persua
sion. -Some jurisdictions have added various elements
to this basic definition, such as that the abductor must
have the intent to marry or defile the person, that the
abductee must be a child, or that the abductor must
intend to subject the abductee to concubinage or pros
titution. 2. Archaic. The crime of taking away a female
person, esp. one who is below a certain age (such as 16
or 18), without her effective consent by use of persua
sion, fraud, or violence, for the purpose
prostitution, or illicit sex. [Cases: Criminal Law
45.10.] 3. Loosely, KIDNAPPING. See ENTICEMENT OF A
CHILD. abduct, vb. -abductor, n. -abductee, n.
"Abduction seems not to have been a crime at early
common law. but found its way thereinto through an old
English statute which defined the crime substantially as the
taking of a woman against her will for lucre. and afterwards
marrying her. or causing her to be married to another, or
defiling her, or causing her to be defiled." Justin Miller,
Handbook ofCriminal Law  104. at 319 (1934).
abearance (a-bair-ants), n. Archaic. Behavior; conduct.
"The other species of recognizance. with sureties, is for the
good abearance, or good behaviour. This includes security
for the peace ... ," 4 William Blackstone. Commentaries on
the Laws of England 253 (1769).
ab epistolis (ab ee-pis-ta-lis), n. [Latin] Hist. An officer
who maintained the correspondence (epistolae) for a
superior; a secretary.
Abercrombie classification. Trademarks. A characteriza
tion ofa trade designation -whether by mark, name,
or dress as generic, descriptive, suggestive, and arbi
trary or fanciful, in increasing order ofdistinctiveness.
Abercrombie & Fitch Co. v. Hunting World, Inc., 537
F.2d 4, 9 (2d Cir. 1976). [Cases: Trademarks (;:::> 1033.] aberrant behavior (a-ber-ant). (1924) A Single act
of unplanned or thoughtless criminal behavior.
Many courts have held that aberrant behavior justi
fies a downward departure that is, a more lenient
sentence -under the federal sentencing guidelines,
based on a comment in the introduction to the Guide
lines Manual to the effect that the guidelines do not
deal with Single acts of aberrant behavior. U.S. Sen
tencing Guidelines Manual, ch. 1, pt. A, ! 4. [Cases:
Sentencing and Punishment C;:::>868.]
abesse (ab-es-ee), vb. [Law LatinJ Roman & civi/law.
To be absent; to be away from a place where one is
supposed to be (as before a court). Cf. ADESSE.
abet (a-bet), vb. (14c) 1. To aid, encourage, or assist
(someone), esp. in the commission ofa crime <abet a
known felon>. 2. To support (a crime) by active assis
tance <abet a burglary>. [Cases: Criminal Law
59(5).J See AID AND ABET. Cf. INCITE. abetment,
n.
abettor. A person who instigates the commission of a
crime or advises and encourages others to commit it.
Also spelled abetter. See principal in the second degree
under PRINCIPAL. [Cases: Criminal LawC;:::>59.J
ab extra (ab ek-stra), adv. [Latin] From outside; extra;
beyond.
abeyance (a-bay-ants), n. (17c) 1. Temporary inactivity;
suspension. 2. Property. A lapse in succession during
which no person is vested with title. abeyant, adj.
"Abeyance. from the French bayer, to expect. is that which
is in expectation. remembrance. and intendment of law.
Bya prinCiple of law, in every land there is a fee simple in
somebody. or else it is in abeyance; that is, though for the
present it be in no man. yet it is in expectancy belonging
to him that is next to enjoy the land." 1 Richard Burn. A
New Law Dictionary 4 (1792).
abiaticus (ab-ee-ay-td-kas), n. [Law Latin "descended
from a grandfather"] Hist. A grandson in the male line;
a son's son. -Also spelled aviaticus.
abide, vb. (bef. 12c) 1. To tolerate or withstand <the
widow found it difficult to abide the pain oflosing her
husband>. 2. To obey; (with by) to act in accordance
with or in conformity to <try to abide the doctor's order
to quit smoking> <abide by the rules>. 3. To await <the
death-row prisoners abide execution>. 4. To perform or
execute (an order or judgment) <the trial court abided
the appellate court's order>. 5. To stay or dwell <the
right to abide in any of the 50 states>.
ab identitate ration is (ab I-den-ti-tay-tee ray-shee-oh
nis or rash-ee-oh-nis). [Law Latin] Hist. By identity of
reason; for the same reason.
abiding conviction. See CONVICTION.
abigeatus (a-bij-ee-ay-tas), n. [Latin] Roman & civil law.
The act ofstealing cattle by driving them away (abigere);
cattle rustling. -In the later civil law, the usual term for
this was abaction. -Also termed abigeat.
abigeus (a-bij-ee-as), n. [Latin] Roman & civil law. One
who steals cattle, esp. in large numbers; a cattle rustler.

5 abnormally dangerous activity
 This was known in the later civil law as an abactor.
PI. abigei.
'The stealing of a single horse or ox might make a man
an abigeus, but it seems that the crime could not be com
mitted on less than four pigs or ten sheep. They need not
however be taken all together. In such a state of the law
one would expect thefts of three pigs or eight sheep to
become abnormally common." 1James Fitzjames Stephen,
A History of the Criminal Law ofEngland 27 (1883).
ability. (l4c) The capacity to perform an act or service;
esp., the power to carry out a legal act <ability to enter
into a contract>.
present ability. The actual, immediate power to do
something (esp. to commit a crime).
ab inconvenienti (ab in-k;:m-vee-nee-en-tI), adv. [Law
Latin] From hardship or inconvenience. See arg


m-vee-nee-en-tI), adv. [Law
Latin] From hardship or inconvenience. See argumen
tum ab inconvenienti under ARGUMENTUM.
ab initio (ab i-nish-ee-oh), adv. [Latin) (16c) From the
beginning <the injunction was valid ab initio>. Cf. IN
INITIO.
ab intestato (ab in-tes-tay-toh), adv. [Latin] By intes
tacy <succession ab intestato is often treated as being
necessary because of the neglect or misfortune of the
deceased proprietor>. Cf. EX TESTAMENTO.
ab invito (ab in-vI-toh), adv. [Latin) By or from an unwill
ing party; against one's will <a transfer ab invito>. Cf.
IN INVITUM.
ab irato (ab I-ray-toh), adv. [Latin) By one who is angry.
This phrase usu. refers to a gift or devise made adversely
to an heir's interests, out of anger. An action to set aside
this type ofconveyance was known at common law as
an action ab irato.
abishering. See MISKERING.
abjudge (ab-j~j), vb. Archaic. To take away or remove
(something) by judicial decision. Cf. ADJUDGE.
"As a result of the trial a very solemn judgment is pro
nounced. The land is adjudged to the one party and his
heirs, and abjudged (abiudicata) from the other party
and his heirs for ever." 2 Frederick Pollock & FrederiC W.
Maitland, The History of English Law Before the Time of
Edward 163 (2d ed. 1899).
abjudicatio (ab-joo-di-kay-shee-oh), n. [Law Latin)
The act of depriving a person of a thing by judicial
decision.
abjuration (ab-juu-ray-sh;m), n. A renouncing by oath.
abjuration ofthe realm. An oath taken to leave the
realm forever.
"If a malefactor took refuge [in sanctuary] ... the coroner
came and parleyed with the refugee, who had his choice
between submitting to trial and abjuring the realm. If he
chose the latter course, he hurried dressed in pilgrim'S
guise to the port that was assigned to him, and left
England, being bound by his oath never to return. His
lands escheated; his chattels were forfeited, and if he came
back his fate was that of an outlaw." 2 Frederick Pollock &
Frederic William Maitland, History ofEnglish Law Before the
Time of Edward I 590 (2d ed. 1899).
abjure (ab-joor), vb. 1. To renounce formally or on oath
<abjure one's citizenship>. 2. To avoid or abstain from <abjure one's civic duties:>. abjuratory (ab-joor-<l
tor-eel, adj.
ablative fact. See divestitive fact under FACT.
able, adj. Legally competent and qualified <able to
transfer title>.
able-bodied seaman. See SEAMAN.
ablegate (ab-Id-gayt), n. A papal envoy on a special
mission, such as a newly appointed cardinal's
insignia ofoffice.
ableism. Prejudice against or disregard of disabled
people's needs and rights; discrimination that unrea
sonably favors able-bodied persons. See DISCRIMINA
TION (1), (2). ableist, adj.
able seaman. See able-bodied seaman under SEAMAN.
able to work. Labor law. (Of a worker) released from
medical care and capable of employment; esp., not
qualified to receive unemployment benefits on grounds
ofillness or injury. [Cases: Unemployment Compensa
tion (;::::;:>207.]
ablocation (ab-Ioh-kay-shan). Archaic. The leasing of
property for money. Cf. LOCATIO.
abmatertera (ab-ma-t~r-t;)r-<l), n. [Latin) Civil law. A
great-great-great aunt. See MATERTERA MAXIMA.
abnepos (ab-nep-ahs or -ohs), n. [Latin] Civil law. A
great-great grandson; the grandson of a grandson or
granddaughter.
abneptis (ab-nep-tis), n. [Latin) Civil law. A great-great
granddaughter; the granddaughter of a grandson or
granddaughter.
abnormal law. The law as it applies to persons who
are under legal disabilities such as infancy, alienage,
insanity, criminality, and (formerly) coverture.
abnormally dangerous activity. (1957) An undertak
ing that necessarily carries with it a Significant risk of
serious harm even if reasonable care is used, and for
which the actor may face strict liability for any harm
caused; esp., an activity (such as dynamiting) for which
the actor is held strictly liable because the activity (1)
involves the risk of serious harm to persons or property,
(2) cannot be performed without this risk, regardless of
the precautions taken, and (3) does not ordinarily occur
in the community . Under the Restatement (Second) of
Torts, determining whether an activity is abnormally
dangerous includes analyzing whether there is a high
degree of risk of harm, whether any harm caused will
be substantial, whether the exercise of reasonable care
will eliminate the risk, whether the activity is a matter
of common usage, whether the activity is appropri
ate to the place in which it occurs, and whether the
activity's value to society outweighs its dangerousness.
Restatement (Second) ofTorts  520 (1977). Also,
esp. formerly, termed abnormally hazardous activity;
extrahazardous activity; ultrahazardous activity. See
strict liability under LIABILITY. [Cases: Negligence (;=:
305.]

6 abode
abode. (l3c) A home; a fixed place of residence. See
DOMICILE; PLACE OF ABODE.
abogado (ah-boh-gah-doh), n. [Spanish) Spanish law.
An advocate; a lawyer.
ab olim (ab oh-lim), adj. [Law Latin] Of old.
abolish, vb. To annul, eliminate, or destroy, esp. an
ongoing practice or thing.
abolition. (16c) 1. 1he act of abolishing. 2. TIle state of
being annulled or abrogated. 3. (usu. cap.) The legal
termination of slavery in the United States. [Cases:
Slaves 4. Civil law. Withdrawal of a criminal
accusation; a sovereign's remission of punishment for
a crime. 5. Hist. Permission granted to the accuser in a
criminal action to withdraw from its prosecution. See
NOLLE PROSEQUI.
abominable and detestable crime against nature. See
SODOMY.
a bon droit (ay or a bawn drwah), adv. [Law French] With
good reason; justly; rightfully.
ab orco usque ad coelum. [Latin] From the ground to the
sky. Cf. USQUE AD COELUM.
aboriginal cost. See COST (1).
aboriginal title. See TITLE (2).
abortee (~-bor-tee). A woman who undergoes an
abortion. lCases: Abortion and Birth Control C=>
100.]
aborticide. See ABORTIFACIENT.
abortifacient (<l-bor-ta-fay-shant), n. A drug, article,
or other thing designed or intended to produce an
abortion. -Also (rarely) termed aborticide. abor
tifacient, adj.
abortion, n. (l6c) 1. An artificiallv induced termina
tion of a pregnancy for the purp~se of destroying an
embryo or fetus. _ In Roe v. Wade, the Supreme Court
first recognized a woman's right to choose to end her
pregnancy as a privacy right stemming from the Due
Process Clause of the 14th Amendment. 410 U.S. 113,93
S.Ct. 705 (1973). Sixteen years later, in Webster v. Repro
ductive Health Services, the Court permitted states to
limit this right by allowing them to enact legislation
that (1) prohibits public facilities or employees from
performing abortions, (2) prohibits the use of public
funds for family planning that includes information on
abortion, or (3) severely limits the right to an abortion
after a fetus becomes viable that is, could live inde
pendently of its mother. 492 U.S. 490, 109 S.Ct. 3040
(1989). In 1992, the Court held that (1) before viabilitv,
a woman has a fundamental right to choose to termi
nate her pregnancy, (2) a law that imposes an undue
burden on the woman's right to choose before viabil
ity is unconstitutional, and (3) after viability, the state,
in promoting its interest in potential human life, may
regulate or prohibit abortion unless it is necessary to
preserve the life or health ofthe mother. Planned Par
enthood ofSoutheastern Pa. v. Casey, 505 U.S. 833,112
S.Ct. 2791 (1992). In 2000, the Court again considered
abortion rights and reaffirmed Casey in holding the Nebraska law at issue unconstitutional because (1) it
failed to provide an exception to preserve the health
of the mother, and (2) it unduly burdened a woman's
right to choose a late-term abortion, thereby unduly
burdening her right to choose abortion itself. Stenberg
v. Carhart, 530 U.S. 914, 120 S.Ct. 2597 (2000).
Formerly also termed procuring an abortion; criminal
operation; criminal miscarriage; procuring miscarriage.
[Cases: Abortion and Birth Control <;:2100.1 2. The
spontaneous expulsion of an embryo or fetus before
viability; MISCARRIAGE. abort, vb. -abortionist,
n.
"The word 'abortion,' in the dictionary sense, means no
more than the expulsion of a fetus before it is capable
of living. In this sense it is a synonym of 'miscarriage.'
With respect to human beings, however, it has long been
used to refer to an intentionally induced miscarriage as
distinguished from one resulting naturally or by accident.
There has been some tendency to use the word to mean a
criminal miscarriage, and there would be distinct advan
tages in assigning this meaning to it; but there are so many
references to lawful abortion or justification for abortion
that it is necessary to speak of 'criminal abortion' or the
'crime of abortion' to emphasize the element of culpa
bility." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
186-87 (3d ed. 1982).
"Modern legal historians dispute whether, and to what
extent. abortion constituted a crime at English common
law. One view finds that. at most, abortion was an ecclesi
astical crime, and concludes that the common law allowed
a woman and her abortionist to terminate a pregnancy at
all stages of gestation without secular penalties. Another
claims that all abortions are at least secular wrongs to
the fetus and that only the problems of proving a causal
relationship between some abortions and fetal death
prevented the punishment of all abortions. Substantial
authority exists, however, for a middle ground: although
no penalties attached to abortions before the fetus had
quickened, performing a postquickening abortion was a
common-law crime, most likely a misdemeanor." Susan
Frelich Appleton, "Abortion," in 1 Encyclopedia of Crime
and Justice 1, 1 (Sanford H. Kadish ed., 1983).
forced abortion. An abortion performed without the
mother's consent.
induced abortion. An abortion purposely and arti
ficially caused either by the mother herself or by a
third party. See ABORTIFACIENT. [Cases: Abortion and
Birth Control
late-term abortion. An abortion performed during
the latter stages of pregnancy, usu. after the middle
of the second trimester. [Cases: Abortion and Birth
Control <.r'-:;-106.]
partial-birth abortion. An abortion in which a fetus is
partly extruded from the womb and then destroyed.
lCases: Abortion and Birth Control C=> lO9.]
spontaneous abortion. See MISCARRIAGE.
therapeutic abortion. An abortion carried out to
preserve the life or health of the mother. [Cases:
Abortion and Birth Control C=>O.5.J
"Until recently it was common to speak of 'therapeutic
abortion.' The literal meaning of the term is an abortion
induced for medical reasons, but it was commonly under
stood to mean one for the purpose of saving the mother's
life ...." Rollin M. Perkins & Ronald N. Boyce, Criminal Law
193 (3d ed. 1982).

7
abortive child. See CHILD.
abortive trial. See MISTRIAL.
aboutissement (a-boo-tees-mahn), n. [Law French] An
abut tal or abutment.
above, adj. & adv. (Of an appellate court) having the
power to review the case at issue; having dealt with an
appeal in the case at issue;<the court above> <when
the case was heard above, the issue was not raised>.
Cf. BELOW.
above-mentioned, adj. See AFORESAID.
above-stated, adj. See AFORESAID.
above-the-line, adj. (1973) (Of a deduction) taken
after calculating gross income and before calculat
ing adjusted gross income. _ Examples ofabove-the
line deductions are IRA contributions and moving
expenses. Formerly, individual tax returns had a dark
line above which these deductions were written. Cf.
BELOW-THE-LINE. [Cases: Internal Revenue <>3114.J
abpatruus (ab-pa-tro


THE-LINE. [Cases: Internal Revenue <>3114.J
abpatruus (ab-pa-troo-"s), n. [Latin] Roman & civil
law. A great-great-great uncle. Also termed patruus
maximus.
A-B-Q trust. See bypass trust under TRUST.
abridge, vb. (14c) 1. To reduce or diminish <abridge
one's civil liberties>. 2. To condense (as a book or other
writing) <the author abridged the treatise before final
publication>.
abridgment. 1. The reduction or diminution of some
thing concrete (as a treatise) or abstract (as a legal
right). 2. A condensed version ofa longer work 3. Hist.
A legal digest or encyclopedia.
abridgment ofdamages. 1he right ofa court to reduce
the damages in certain cases. See REMITTITUR. [Cases:
New Trial <>162(1).J
abroad, adv. Outside a country; esp., other than in a
forum country.
abrogare (ab-roh-gair-ee), vb. [LatinJ Roman law. (16c)
To remove something from an old law by a new law.
Also termed exrogare.
abrogate (ab-r<l-gayt), vb. (16c) To abolish (a law or
custom) by formal or authoritative action; to annul or
repeal. Cf. OBROGATE. abrogation, n.
abrogation ofadoption. Family law. An action brought
by an adoptive parent to terminate the parent-child
relationship by annulment ofthe decree ofadoption. _
An adoption may be nullified ifit resulted from fraud,
misrepresentation, or undue influence, or if nullifi
cation is in the child's best interests. -Also termed
annulment of adoption. Cf. WRONGFUL ADOPTION.
[Cases: Adoption <>16.]
ABS. abbr. 1. AMERICAN BUREAU OF SHIPPING. 2. AUTO
MATED BOND SYSTEM. 3. See able-bodied seaman under
SEAMAN.
abscond (ab-skond), vb. (16c) 1. To depart secretly or
suddenly, esp. to avoid arrest, prosecution, or service
of process. 2. To leave a place, usu. hurriedly, with absolute-bar rule
another's money or property. -abscondence (ab-skon
d"nts), n. -absconder, n.
absconding debtor. See DEBTOR.
absence, n. (14c) 1. The state of being away from one's
usual place of residence. 2. A failure to appear, or to be
available and reachable, when expected. 3. Louisiana
law. The state of being an absent person. - Also termed
(in sense 3) absentia. [Cases: Absentees <>2.]
absent debtor. See DEBTOR.
absente (ab-sen-tee). [LatinJ In the absence of. -This
term formerly appeared in law reports to note the
absence of a judge <the court, absente Ellis, J., was
unanimous>.
absentee, adj. Not present <absentee voter>.
absentee, adv. In the manner ofone who is not present
<Debby voted absentee>.
absentee, n. (17c) 1. A person who is away from his or
her usual residence; one who is absent. 2. A person
who is not present where expected. 3. A person who
either resides out ofstate or has departed from the state
without having a representative there. [Cases: Absen
tees <>2.]
"Generally, a person is an absentee when he is absent from
his domicile or usual place of residence; but in light of
pertinent statutes he is an absentee when he is without the
state and has no representative therein." 1 c.J,S. Absentee
 2, at 339 (1985).
absentee ballot. 1. See BALLOT (2). 2. See absentee voting
under VOTING.
absentee landlord. See LANDLORD.
absentee management. See absentee landlord under
LANDLORD.
absentee vote. See absentee voting under VOTING.
absentee voting. See VOTING.
absente reo (ab-sen-tee ree-oh). [LatinJ The defendant
being absent. -This phrase appears syntactically as
what English language grammarians term a "nomina
tive absolute."
absentia. 1. See ABSENCE (3). 2. IN ABSENTIA.
absent parent. See noncustodial parent under PARENT.
absent person. See PERSON (1).
ABSO. abbr. See ANTISOCIAL BEHAVIOR ORDER.
absoile (ab-soyl), vb. See ASSOIL
absolute, adj. (14c) 1. Free from restriction, qualifica
tion, or condition <absolute ownership>. 2. Conclu
sive and not liable to revision <absolute delivery>. 3.
Unrestrained in the exercise of governmental power
<absolute monarchy>. -absolute, n.
absolute assignee. See ASSIGNEE.
absolute assignment. See ASSIGNMENT (2).
absolute auction. See auction without reserve under
AUCTION.
absolute-bar rule. The principle that, when a creditor
sells collateral without giving reasonable notice to

8 absolute contraband
the debtor, the creditor may not obtain a deficiency
judgment tor any amount ofthe debt that is not satisfied
by the sale. -The rule governs commercially unrea
sonable sales made in violation of the Ucc. [Cases:
Mortgages (;=>375,559(3); Secured Transactions C=
230,240.]
absolute contraband. See CONTRABAND.
absolute conveyance. See CONVEYANCE.
absolute covenant. See COVENANT (1).
absolute deed. See DEED.
absolute defense. See real defense under DEFENSE (4).
absolute delivery. See DELIVERY.
absolute disparity. (1976) Constitutionallaw.lhe differ
ence between the percentage of a group in the general
population and the percentage of that group in the
pool of prospective jurors on a venire. -For example,
ifAfrican-Americans make up 12% of a county's popu
lation and 8% of the potential jurors on a venire, the
absolute disparity of African-American veniremem
bers is 4%. The reason for calculating the disparity is to
analyze a claim that the jury was not impartial because
the venire from which it was chosen did not represent
a fair cross-section of the jurisdiction's population.
Some courts criticize the absolute-disparity analysis,
favoring instead the comparative-disparity analysis,
in the belief that the absolute-disparity analysis under
states the deviation. See FAIR-CROSS-SECTION REQUIRE
MENT; DUREN TEST; STATISTICAL-DECISION THEORY. Cf.
COMPARATIVE DISPARITY. [Cases: JuryC=33(1.1).]
absolute divorce. See divorce a vinculo matrimonii under
DIVORCE.
absolute duty. See DUTY (1).
absolute estate. See ESTATE (1).
absolute gift. See inter vivos gift under GIFT.
absolute guaranty. See GUARANTY.
absolute immunity. See IMMUNITY (1).
absolute interest. See INTEREST (2).
absolute law. (16c) A supposed law ofnature thought to
be unchanging in principle, although circumstances
may vary the way in which it is applied. See NATURAL
LAW.
absolute legacy. See LEGACY.
absolute liability. See strict liability under LIABILITY.
absolute majority. See MAJORITY.
absolute martial law. See MARTIAL LAW.
absolute novelty. See NOVELTY.
absolute nuisance. See NUISANCE.
absolute nullity. See NULLITY.
absolute obligation. See OBLIGATION.
absolute pardon. See PARDON.
absolute pollution exclusion. See pollution exclusion
under EXCLUSION (3). absolute presumption. See conclusive presumption under
PRESUMPTION.
absolute-priority rule. Bankruptcy. The rule that a
confirmable reorganization plan must provide for
full payment to a class of dissenting unsecured credi
tors before a junior class of claimants will be allowed
to receive or retain anything under the plan. -Some
jurisdictions recognize an exception to this rule when
a junior class member, usu. a partner or shareholder
of the debtor, contributes new capital in exchange for
an interest in the debtor. 11 USCA  1129(b)(2)(B)(ii).
[Cases: Bankruptcy C=3561.]
absolute privilege. See PRIVILEGE (1).
absolute property. See PROPERTY.
absolute right. See RIGHT.
absolute sale. See SALE.
absolute simulated contract. See CONTRACT.
absolute title. See TITLE (2).
absolute veto. See VETO.
absolutio (ab-s;}-loo-shee-oh). See ABSOLUTION (2).
absolution (ab-sd-Ioo-sh;m). 1. Release from a penalty;
the act of absolving. 2. Civil law. An acquittal of a
criminal charge. -Also termed absolutio. 3. Eccles.
law. Official forgiveness of a sin or sins.
absolutism (ab-s;}-]oo-tiz-;}m), n. In politics, the rule of
a dictator whose power has no restrictions, checks, or
balances; the belief in such a dictatorship. absolutist
(ab-sa-Ioo-tist), adj. & n.
absolve (ab-or ;}b-zolv), vb. (15c) 1. To release from an
obligation, debt, or responsibility. 2. To free from the
penalties for misconduct. -absolver, n.
absolvitor (ab-sol-vi-tar), n. Scots law. A decision in a
civil action in favor ofthe defender; an acquittal.
absolvitory, adj.
absorbable risk. See RISK.
absorption, n. (18c) 1. The act or process of including
or incorporating a thing into something else; esp., the
application of rights guaranteed by the U.S. Constitu
tion to actions by the states. 2. Int'llaw. The merger
of one nation into another, whether voluntarily or by
subjugation. 3. Labor law. In a postmerger collective
bargaining agreement, a provision allowing senior
ity for union members in the resulting entity. 4. Real
estate. The rate at which property will be leased or sold
on the market at a given time. 5. Commercial law. A
sales method by which a manufacturer pays the reseH
er's freight costs, which the manufacturer accounts for
before quoting the reseUer a price. -Also termed (in
sense 5) freight absorption. -absorb, vb.
absque (abs-kwee), adv. [Latin] Without.
absque aliquo inde reddendo (abs-kwee al-a-kwoh
in-dee ri-den-doh), adv. [Law Latin] Rist. Without ren
dering anything therefrom. -This phrase appeared in
royal grants in which no tenure was reserved.

9
absque consideratione curiae (abs-kwee kan-sid-a-ray
shee-oh-nee kyoor-ee-ee), adv. [Law Latin] Without the
consideration ofthe court; without judgment.
absque dubio (abs-kwee d[yJoo-bee-oh), adv. [Latin]
Without doubt.
absque hoc (abs-kwee hok), adv. [Latin] Archaic. Without
this. -The phrase was formerly used in common-law
pleading to introduce the denial ofallegations. - Also
termed sans ce que. See TRAVERSE.
absque impetitione vasti (abs-kwee im-pa-tish-ee
oh-nee vas-tIl, adv. [Law Latin] Hist. See WITHOUT
IMPEACHMENT OF WASTE.
absque injuria damnum (ab-skwee in-joor-ee-a dam
nam). [Civil law] See DAMNUM SINE INJURIA. Often
shortened to absque injuria.
absque ipsius regis speciali licentia (abs-kwee ip-see-as
ree-jis spesh-ee-ay-h li-sen-shee-a). [Law Latin] Hist.
Without the special authority ofthe king himself. -The
phrase was part ofa law forbidding Crown vassals from
transferring land without a special warrant.
absque tali causa (abs-kwee tay-II kaw-za), adv. [Law
Latin] Without such cause. _ In common-law pleading,
this was part ofthe larger phrase de injuria sua propria,
absque tali causa ("of his own wrong, without such
cause") appearing in a reply that a trespass plaintiff
made to counter a defendant's claim of excuse. In an
assault case, for example, if a defendant pleaded that
he had struck the plaintiff in self-defense, the plaintiff
could reply that the defendant was gUilty of his own
wrong committed without such cause as alleged. See
DE INJURIA.
ABS Rules. Maritime law. Industry standards for the
construction, maintenance, and operation ofseagoing
vessels and stationary offshore facilities, as set and
enforced by the American Bureau of Shipping. See
AMERICAN BUREAU OF SHIPPING. [Cases: Shipping
C:;:> 14.]
abstain, vb. 1. To voluntarily refrain from doing some
thing, such as voting in a deliberative assembly. 2. (Of
a federal court) to refrain from exercising jurisdiction
over a matter. [Cases: Federal Courts C:::>41-65.]
abstention. (16c) 1. The act of Withholding or keeping
back (something or oneself); esp., the act of abstain
ing from voting. 2. A federal court's relinquishment of
jurisdiction when necessary to avoid needless contlict
with a state's administration ofits own affairs. 3. The
legal principle underlying such a relinquishment of
jurisdiction. Cf. COMITY; OUR FEDERALISM. [Cases:
Federal Courts C:::


isdiction. Cf. COMITY; OUR FEDERALISM. [Cases:
Federal Courts C:::>41-65.]
Burford abstention. (1967) A federal court's refusal
to review a state court's decision in cases involVing
a complex regulatory scheme and sensitive areas of
state concern. Burford v. Sun Oil Co., 319 U.S. 315,63
S.Ct. 1098 (1943). [Cases: Federal Courts C:::>43.]
Colorado River abstention. (1976) A federal court's
decision to abstain while relevant and parallel state
court proceedings are under way. Colorado River abstract
Water Conservation Dist. v. United States, 424 U.S.
800,96 S.Ct. 1236 (1976). [Cases: Federal Courts C:::>
43.]
equitable abstention. A federal court's refraining
from interfering with a state administrative agency's
decision on a local matter when the aggrieved party
has adequate relief in the state courts.
permissive abstention. Bankruptcy. Abstention that
a bankruptcy court can, but need not, exercise in
a dispute that relates to the bankruptcy estate but
that can be litigated, or is being litigated, in another
forum. -In deciding whether to abstain, the bank
ruptcy court must consider (1) the degree to which
state law governs the case, (2) the appropriateness
of the procedure to be followed in the other forum,
(3) the remoteness of the dispute to the issues in the
bankruptcy case, and (4) the presence of nondebtor
parties in the dispute. 28 USCA  1334(c)(I). [Cases:
Federal Courts ~-::>47.5.]
Pullman abstention. (1963) A federal court's decision
to abstain so that state courts will have an opportu
nity to settle an underlying state-law question whose
resolution may avert the need to decide a federal con
stitutional question. Railroad Comm'n v. Pullman
Co., 312 U.S. 496, 61 S.Ct. 643 (1941). [Cases: Federal
Courts C:::>43, 46.]
Thibodaux abstention (tib-a-doh). (1974) A federal
court's decision to abstain so that state courts can
decide difficult issues of public importance that, if
decided by the federal court, could result in unnec
essary friction between state and federal authorities.
Louisiana Power & Light Co. v. City afThibodaux, 360
U.S. 25, 79 S.Ct. 1070 (1959). [Cases: Federal Courts
43.]
Younger abstention. (1972) 1. A federal court's decision
not to interfere with an ongoing state criminal pro
ceeding by issuing an injunction or granting declara
tory relief, unless the prosecution has been brought in
bad faith or merely as harassment. Younger v. Harris,
401 U.S. 37, 91 S.Ct. 746 (1971). Also termed equi
table-restraint doctrine. [Cases: Federal Courts C:::>49,
51,54.] 2. By extension, a federal court's decision not
to interfere with a state-court civil proceeding used
to enforce the criminal law, as to abate an obscene
nuisance. See OUR FEDERALISM.
abstinence (ab-sta-n.Jnts). 1be practice of refraining
completely from indulgence in some act; esp., the
practice of not having sex or of not consuming alco
holic beverages.
abstract, n. (15c) 1. A concise statement of a text, esp.
of a legal document; a summary. See ABSTRACT OF
JUDGMENT; ABSTRACT OF TITLE. 2. Patents. A one-para
graph summary ofan invention's design and function,
including its nature, structure, purpose, and novelty.
-The abstract is a required part of a patent applica
tion, and also appears on the front page of the patent
itself. It may not exceed 150 words. For the purpose
of determining adequacy ofdisclosure, the abstract is

10 abstract compromis
considered to be part ofthe specification. See 35 USCA
 112. Also termed abstract ofthe disclosure; abstract
ofthe specification. [Cases: Patents ~99.]
abstract compromis. See general compromis under COM
PROMIS.
abstracter. See ABSTRACTOR.
abstract idea. Intellectual Property. A concept or
thought, removed from any tangible embodiment.
An abstract idea is one of the categories of unpatent
able subject matter, along with natural phenomena and
laws ofnature. But a process that uses abstract ideas to
produce a useful result can be patented. Copyright law
likewise will not protect an abstract idea, but only its
expression. The law ofunfair competition, on the other
hand, does protect abstract ideas that meet the other
criteria of a trade secret. See business-method patent
under PATENT. [Cases: Patents ~6.]
abstraction (ab-or <lb-strak-sh;m), n. (16c) 1. The mental
process ofconsidering something without reference to a
concrete instance <jurisprudence is largely the abstrac
tion ofmany legal particulars>. 2. A theoretical idea not
applied to any particular instance <utopia in any form
is an abstraction>. 3. The summarizing and recording
ofa legal instrument in public records <abstraction of
the judgment in Tarrant County>. 4. The act oftaking
with the intent to injure or defraud <the abstraction of
funds was made possible by the forged signature on the
check>. abstract (ab-strakt), vb.
abstraction-filtration-comparison test. Copyright. A
judicially created test for determining whether sub
stantial similarity exists between two works in an
action for infringement. _ First, the court dissects the
copyrighted work's structure and isolates each level of
abstraction or generality (abstraction test). Second, the
court examines each level ofabstraction and separates
out the unprotectable elements such as ideas, processes,
facts, public-domain information, and merger material
(filtration test). Finally, the court compares the result
ing core of protectable expression with the accused
work to determine whether substantial elements ofthe
copyrighted work have been misappropriated (com
parison test). This test was first applied by the Second
Circuit in Computer Associates Int'l, Inc. v. Altai,
Inc., 982 F.2d 693 (2d Cir. 1992). Although that case
involved computer software and the test is usu. applied
in software-infringement cases, the test has also been
applied to nonsoftware works. -Also termed abstrac
tion-filtration test. See SIMILARITY. Cf. ABSTRACTIONS
TEST. [Cases: Copyrights and Intellectual PropertyG=
53(1).]
abstractions test. Copyright. A means of comparing
copyrighted material with material that allegedly
infringes the copyright by examining whether the
actual substance has been copied or whether the two
works merely share the same abstract ideas. -The
primary authority for the abstractions test is Judge
Learned Hand's opinion in Nichols v. Universal Pictures
Corp., 45 F.2d 119 (2d Cir. 1930). Although referred to
as a "test," it is not a bright-line test, but an approach to discerning the boundaries ofprotectable expression
by isolating and comparing each level ofabstraction in
the two works, from the lowest (most detailed) to the
highest (most conceptual). Cf. ABSTRACTION-FILTRA
TION-COMPARISON TEST; LOOK-AND-FEEL TEST. [Cases:
Copyrights and Intellectual Property (;::>53(1).]
abstract juridical act. See ACT.
abstract of a fine. See NOTE OF A FINE.
abstract ofconviction. A summary ofthe court's finding
on an offense, esp. a traffic violation. [Cases: Automo
biles ~144.2(5.1).]
abstract ofjudgment. (1812) A copy or summary of a
judgment that, when filed with the appropriate public
office, creates a lien on the judgment debtor's nonex
empt property. See judgment lien under LIEN. [Cases:
Judgment ~768(1).]
abstract of record. An abbreviated case history that is
complete enough to show an appellate court that the
questions presented for review have been preserved.
[Cases: Appeal and Error Criminal Law
1103.]
abstract ofthe disclosure. See ABSTRACT (2).
abstract ofthe specification. See ABSTRACT (2).
abstract of title. (1858) A concise statement, usu.
prepared for a mortgagee or purchaser ofreal property,
summarizing the history of a piece ofland, including
all conveyances, interests, liens, and encumbrances that
affect title to the property. Also termed brief; briefof
title. [Cases: Abstracts ofTitle
good and merchantable abstract oftitle. An abstract
of title shOWing clear, good, and marketable title,
rather than showing only the history ofthe property.
See clear title, good title, and marketable title under
TITLE (2).
abstractor (ab-or <lb-strak-t<lr). A person who prepares
abstracts of title. -Also spelled abstracter. [Cases:
Abstracts ofTitle ~3.]
abstract qnestion. See HYPOTHETICAL QUESTION.
absurdity, n. The state or quality ofbeing grossly unrea
sonable; esp., an interpretation that would lead to an
unconscionable result, esp. one that the parties or (esp.
for a statute) the drafters could not have intended and
probably never considered. Cf. GOLDEN RULE. [Cases:
Contracts ~154; Statutes 181(2).]
A-B trust. See bypass trust under TRUST.
ab urbe condita (ab ar-bee kon-di-t<l). [Latin] From the
founding of the city (esp. Rome in 753 B.C.). -This
term is sometimes used in abbreviated form in clas
sical dates. For example, the date "23 A.U.C." means
"23 years after the founding of Rome," or 730 B.C. -
Abbr. A.V.C.
abuse (<I-byoos), n. (15c) 1. A departure from legal or
reasonable use; misuse. 2. Physical or mental maltreat
ment, often resulting in mental, emotional, sexual, or
physical injury. -Also termed cruel and abusive treat
ment. Cf. NEGLECT; CRUELTY.

11
abuse o/the elderly. (1971) Abuse of a senior citizen,
esp. by a caregiver or relative. Examples include
deprivation of food or medication, beatings, oral
assaults, and isolation. -Also termed elder abuse.
[Cases: Assault and Battery C=>48.]
carnal abuse. See sexual abuse (1).
child abuse. (1891) 1. Intentional or neglectful physical
or emotional harm inflicted on a child, including
sexual molestation; esp., a parent's or caregiver's act
or failure to act that results in a child's exploitation,
serious physical or emotional injury, sexual abuse,
or death. 2. An act or failure to act that presents an
imminent risk of serious harm to a child. Child
abuse can be either intentional or negligent. The first
case of child abuse actually prosecuted occurred in
New York City in 1874. An eight-year-old girl named
Mary Ellen was found to have been severely abused.
Her abusers were prosecuted under the law for pre
vention ofcruelty to animals, since no law protect
ing children then existed. Child abuse was first
recognized as a medical concern in 1962, when Dr.
e. Henry Kempe introduced the medical concept
ofbattered-child syndrome. Also termed cruelty
to a child; cruelty to children; child maltreatment.
See abused child under CHILD; battered child under
CHILD; BATTERED-CHILD SYNDROME. Cf. secondary
abuse. [Cases: Infants C=> 13-13.5(2),
domestic 	 abuse. See domestic violence under
VIOLENCE.
elder abuse. See abuse 0/the elderly.
emotional abuse. Physical or verbal abuse that causes
or could cause serious emotional injury. -Also
termed mental abuse; psychological abuse.
mental abuse. See emotional abuse.
psychological abuse. See emotional abuse.
secondary abuse. Emotional harm suffered by children
who, although they are not physically abused, witness
domestic violence within their families. [Cases:
Infants C=> 156.]
sexual abuse. (1874) 1. An illegal or wrongful sex act,
esp. one performed against a minor by an adult.
Also termed carnal abuse. [Cases: Assault and Battery
C=>59; Rape 13.] 2. RAPE (2). [Cases: Rape C=>
13.]
spousal abuse. (l978) PhYSical, sexual, or psychologi
cal abuse inflicted by one spouse on the other spouse;
esp., wife-beating. See BATTERED-WOMAN SYNDROME.
[Cases: Assault and Battery C=>48.]
verbal abuse. Emotional abuse inflicted by one person
on another by means ofwords, esp. spoken words, in
a way that causes distress, fear, or similar emotions.
 Verbal abuse may include name-calling, insults,
threatening gestures, excessive and unfounded criti
cism, humiliation, and denigration. -Also some
times termed vulgar abuse.
vulgar abuse. See verbal abuse. abuse-of-rights doctrine
abuse (;:)-byooz), vb. (15c) 1. To damage (a thing). 2. To
depart from legal or reasonable use in dealing with
(a person or thing); to misuse.


(a thing). 2. To
depart from legal or reasonable use in dealing with
(a person or thing); to misuse. 3. To injure (a person)
phYSically or mentally. 4. In the context of child welfare,
to hurt or injure (a child) by maltreatment.  In most
states, a finding of abuse is generally limited to mal
treatment that causes or threatens to cause lasting harm
to the child.
abused child. See CHILD.
abusee (;:)-byoo-zee), n. One who is or has been abused.
abuse excuse. (l994) Criminal law. The defense that
a defendant cannot tell right from wrong or control
impulses because ofphYSical or mental abuse suffered
as a child . Like the traditional excuse of insanity,
the abuse excuse is asserted by a defendant in an effort
to mitigate or avoid culpability for the crime charged.
Cf. BATTERED-CHILD SYNDROME; BATTERED-WOMAN
SYNDROME. [Cases: Criminal Law
abuse ofdiscovery. See DISCOVERY ABUSE.
abuse of discretion. (l8c) 1. An adjudicator's failure to
exercise sound, reasonable, and legal decision-making.
[Cases: Courts C=>26.]2. An appellate court's standard
for reviewing a decision that is asserted to be grossly
unsound, unreasonable, illegal, or unsupported by the
evidence. See DISCRETION (4). [Cases: Appeal and Error
C=>946; Federal Courts C=>812.]
abuse ofdistress. Hist. The wrongful seizure and use of
another's property as a means ofcollecting damages or
coercing the property's owner to perform a duty.
abuse ofprocess. (1809) The improper and tortious use
ofa legitimately issued court process to obtain a result
that is either unlawful or beyond the process's scope.
Also termed abuse oflegal process; malicious abuse
ofprocess; malicious abuse o/legal process; wrongful
process; wrongful process oflaw. Cf. MALICIOUS PROS
ECUTION. [Cases: Process C=> l72-213.]
"One who uses a legal process, whether criminal or civil,
against another primarily to accomplish a purpose for
which it is not designed is subject to liability to the other
for harm caused by the abuse of process." Restatement
(Second) of Torts  682 (1977).
abuse of rights. 1. Int'llaw. A country's exercise of a
right either in a way that impedes the enjoyment by
other countries of their own rights or for a purpose
different from that for which the right was created
(e.g., to harm another country). 2. Louisiana law. A
person's exercise of a right in an unneighborly spirit
that provides no benefit to the person but causes
damage to the neighbor.
abuse-of-rights doctrine. Civil law. The principle that a
person may be liable for harm caused by doing some
thing the person has a right to do, if the right is exer
cised (1) for the purpose or primary motive ofcausing
harm, (2) without a serious and legitimate interest that
is deserving ofjudicial protection, (3) against moral
rules, good faith, or elementary fairness, or (4) for a
purpose other than its intended legal purpose. [Cases:
Torts C=>435.]

12 abuse of the elderly
abuse ofthe elderly. See ABUSE.
abuse-of-the-writ doctrine. (I973) Criminal procedure.
The principle that a petition for a writ ofhabeas corpus
may not raise claims that should have been, but were
not, asserted in a previous petition. Cf. SUCCESSIVE
WRIT DOCTRINE. [Cases: Habeas Corpus e:.~896.]
abuser (a-byoo-zar), n. 1. One who abuses someone or
something. 2. ABUSE (1).
abusive (.3-byoo-siv), adj. 1. Characterized by wrongful
or improper use <abusive discovery tactics>. 2. (Of a
person) habitually cruel, malicious, or violent <abusive
parent>. -abusively, adv.
abusus (.3-byoo-s.3s), n. Civil law. The right to dispose of
one's property.
abut (a-b;)t), vb. (15c) To join at a border or boundary; to
share a common boundary with <the company's land
in Arizona abuts the Navajo Indian reservation>.
abutment (a-bat-mant), n.
abuttals (a-b<'Jt-alz). (17c) Land boundaries; the boundary
lines of a piece of land in relation to other contiguous
lands. Also termed (archaically) buttals.
abutter (a-bat-.3r). 1. The owner of adjoining land; one
whose property abuts another's. [Cases: Adjoining
Landowners C=c 1.]
"The major right of [an abutter) is that of access to his
property a right of reasonable ingress and egress. He
is entitled to compensation for any substantial impairment
of this reasonable access. The right normally includes the
right to have, at some point, a driveway onto his premises.
An abutter does not have the right to the continued flow of
traffic in the same amount or pattern past his premises."
Osborne M. Reynolds Jr., Handbook of Local Government
Law  180, at 620 (1982).
2. Land that adjoins the land in question.
abutting foot. See FRONT FOOT.
ale. abbr. ACCOUNT (4).
academic, adj. 1. Of or relating to a school or a field
of study; esp., of or relating to a field of study that is
not vocational or commercial, such as the liberal arts
<academic courses>. 2. Theoretical; specif., not practi
calor immediately useful <academic question>.
academic freedom. (1863) The right (esp. ofa university
teacher) to speak freely about political or ideological
issues without fear ofloss ofposition or other reprisaL
[Cases: Colleges and Universities C=c8.l(3).]
academic lawyer. A law professor, usu. one who main
tains a law practice on the side.
Academie de Droit International de La Haye. See
HAGUE ACADEMY OF INTERNATIONAL LAW.
academy. 1. An institution of higher learning. 2. An
association dedicated to the advancement of knowledge
in a particular field, such as the American Academy of
Matrimonial Lawyers. 3. A private high school. 4. (cap.)
A garden near Athens where Plato taught; hence, the
school of philosophy that he led.
a cancellando (ay kan-sd-lan-doh). [Law Latin) From
canceling. "It has its name of chancery, cancellaria, from the judge
who presides here, the lord chancellor or cancellaYius; who,
Sir Edward Coke tells us, is so termed a cancellando, from
cancelling the king's letters patents when granted contrary
to law ... ." 3 William Blackstone, Commentaries on the
Laws of England 46 (1768).
a cancellis (ay kan-sel-is), n. [Law Latin) Rist. A chancel
lor, so called because he performed the duties of office
behind a cancelli ("lattice").
a cancellis curiae explodi (ay kan-sel-is kyoor-ee-I ek
sploh-dI). [Law Latin] Hist. To be expelled from the
bar of the court.
a cause de cy (ay kaw-zd dd see), adv. [Law French] For
this reason.
accedas ad curiam (ak-see-das ad kyoor-ee-am), n. [Law
Latin "you are to go to the court"] Hist. An original
writ for removing a replevin action to a royal court
from either of two feudal courts a court baron or a
hundred court. -It is a recordare facias loquelam for
replevin actions. See RECORDARE FACIAS LOQUELAM.
accede (ak-seed), vb. 1. To consent or agree. 2. To be
added (to something else) through accession. 3. To
adopt. See ADOPTION (5). 4. (Of a body politic) to
accept unification with or annexation into another
body politic. -accession, n. accedence (ak-see
dants), n.
Accelerated Cost Recovery System. An accounting
method that is used to calculate asset depreciation and
that allows for the faster recovery of costs by assigning
the asset a shorter useful life than was previously per
mitted under the Internal Revenue Code. -This system
applies to property put into service from 1981 to 1986.
It was replaced in 1986 by the Modified Accelerated
Cost Recovery System. Abbr. ACRS. [Cases: Internal
RevenueC=c3476.]
accelerated depreciation. See DEPRECIATION.
accelerated depreciation method. See DEPRECIATION
METHOD.
accelerated disclosure. See accelerated discovery under
DISCOVERY.
accelerated discovery. See DISCOVERY.
accelerated-reentry theory. See POST-EXPIRATION-SALES
THEORY.
accelerated remainder. See REMAINDER.
acceleration, n. 1. The advancing of a loan agreement's
maturity date so that payment of the entire debt is due
immediately. [Cases: Bills and Notes 129(2).) 2.
The shortening ofthe time for vesting in possession of
an expectant interest. Also termed acceleration of
remainder. [Cases: Remainders <~='5.]3. Property. The
hastening ofan owner's time for enjoyment ofan estate
because ofthe failure ofa preceding estate. 4. Securities.
The SEC's expediting of a registration statement's effec
tive date so that the registrant bypasses the required
20-day waiting period. -accelerate, vb.
acceleration clause. (1905) A loan-agreement provision
that requires the debtor to payoff the balance sooner

13 acceptance
than the due date if some specified event occurs, such as
failure to pay an installment or to maintain insurance.
Cf. DEMAND CLAUSE; INSECURITY CLAUSE. [Cases: Bills
and Notes (::=> 129(2).]
acceleration of remainder. See ACCELERATION (2).
Acceptable Identification of Goods and Services
Manual. Trademarks. A U.S. Government publication
that sets forth, for goods and services, known accept
able international class categorizations and descriptions
that may be used in trademark applications submit
ted to the U.S. Patent and Trademark Office. This
manual is available from the U.S. Government Printing
Office, Washington, D.C. 20402 and through the PTO's
website at http://www.uspto.gov. [Cases: Trademarks
(::=> 1282, l369.]
acceptance, n. (16c) 1. An offeree's assent, either by
express act or by implication from conduct, to the
terms ofan offer in a manner authorized or requested
by the offeror, so that a binding contract is formed. If
an acceptance modifies the terms or adds new ones, it
generally operates as a counteroffer. Cf. OFFER. [Cases:
Contracts (::=>22(1).]
acceptance by silence. Acceptance of an offer not by
explicit words but through the lack of an offeree's
response in circumstances in which the relationship
between the offeror and the offeree justifies both the
offeror's expectation of a reply and the offeror's rea
sonable conclusion that the lack of one signals accep
tance. Ordinarily, silence does not give rise to an
acceptance ofan offer. [Cases: Contracts (::=>22(1).]
qualified acceptance. A conditional or partial accep
tance that varies the original terms of an offer and
operates as a counteroffer; esp., in negotiable instru
ments (bills of exchange), an acceptor's variation of
the terms of the instrument. [Cases: Bills and Notes
(::=>83; Contracts (::=>23.]
2. A buyer's assent that the goods are to be taken in per
formance ofa contract for sale . Under UCC  2-606,
a buyer's acceptance consists in (1) signifying to the
seller that the goods are conforming ones or that the
buyer will take them despite nonconformities, (2) not
making an effective rejection, or (3) taking any action
inconsistent with the seller's ownership. Ifthe contract
is for the sale ofgoods that are not identified when the
contract is entered into, there is no acceptance until the
buyer has had a reasonable time to examine the goods.
But if the buyer deals with them as owner, as by resell
ing them, a court may find constructive acceptance.
[Cases: Sales (::=> 178(1).]
"Acceptance means communicated acceptance .... [It] must
be something more than a mere mental assent." William
R. Anson, Principles of the Law of Contract 34 (Arthur L.
Corbin ed., 3d Am. ed. 1919). [But Corbin adds:] ''This use
of the word 'communicated' is open to some objection. To
very many persons the word means that knowledge has
been received. Frequently a contract is made even though
the offeror has no such knowledge. In such case the accep
tance is not 'communicated' and yet it consummates the
contract." Id. n.2. "Acceptance of a conveyance or of a document containing
a promise is a manifestation of assent to the terms thereof
made, either before or after delivery, in accordance with
any requirements imposed by the grantor or promisor. If
the acceptance occurs before delivery and is not binding
as an option contract, it is revocable until the moment
of delivery." Restatement (Second) of Contracts  106
(1979).
3. The formal receipt of and agreement to pay a nego
tiable instrument. [Cases: Bills and Notes (::=>66-84.]
4. A negotiable instrument, esp. a bill ofexchange, that
has been accepted for payment.
acceptance au besoin (oh b;l-zwan). [French "in case of
need"] An acceptance by one who has agreed to pay
the draft in case the drawee fails to do so.


in case of
need"] An acceptance by one who has agreed to pay
the draft in case the drawee fails to do so.
acceptance for honor. An acceptance or undertaking
not by a party to the instrument, but by a third party,
for the purpose of protecting the honor or credit of
one of the parties, by which the third party agrees
to pay the debt when it becomes due if the original
drawee does not.  This type of acceptance inures
to the benefit ofall successors to the party for whose
benefit it is made. -Also termed acceptance supra
protest; acceptance for honor supra protest. [Cases:
Bills and Notes (::=>7l.]
'''Acceptance for honour supra protest' is an exception
to the rule that only the drawee can accept a bill. A bill
which has been dishonoured by non-acceptance and is not
overdue may, with the consent of the holder, be accepted in
this way for the honour of either the drawer or an indorser
(i.e., to prevent the bill being sent back upon the drawer or
indorser as unpaid) by a friend placing his own name upon
it as acceptor for the whole, or part only, of the amount of
the bill; after a protest has been drawn up declaratory of its
dishonour by the drawee. Similarly, where a bill has been
dishonoured by non-payment and protested any person
may intervene and pay it supra protest for the honour of
any person liable thereon; the effect being to discharge
all parties subsequent to the party for whose honour it is
paid." 2 Stephen's Commentaries on the Laws of England
202-03 (L. Crispin Warmington ed., 21 st ed. 1950).
accommodation acceptance. (1807) The acceptance of
an offer to buy goods for current or prompt shipment
by shipping nonconforming goods after notifying the
buyer that the shipment is intended as an accommo
dation. This type of "acceptance" is not truly an
acceptance under contract law, but operates instead
as a counteroffer ifthe buyer is duly notified. [Cases:
Sales (::=>23(4).]
banker'S acceptance. A bill ofexchange drawn on and
accepted by a commercial bank.  Banker'S accep
tances are often issued to finance the sale ofgoods in
international trade. -Abbr. BA. -Also termed bank
acceptance. [Cases: Banks and Banking (::=> 189; Bills
and Notes (::=> 15l.]
blank acceptance. Acceptance by a bill-of-exchange
drawee before the bill is made, as indicated by the
drawee's signature on the instrument.
conditional acceptance. An agreement to pay a draft
on the occurrence or nonoccurrence of a particular
event. [Cases: Bills and Notes (::=>83.]

14 acceptance au besoin
express acceptance. A written or oral expression indi
cating that the drawee has seen the instrument and
does not dispute its sufficiency . While a written
acceptance is typically signified by the stamped or
written word "accepted" or "presented," usu. on the
instrument itself, an oral acceptance must be made
directly to a drawer or holder who has waived the
right to a written acceptance.
implied acceptance. An acceptance implied by a drawee
whose actions indicate an intention to comply with
the request of the drawer; conduct by the drawee from
which the holder is justified in concluding that the
drawee intends to accept the instrument. [Cases: Bills
and Notes <>=-70.]
special acceptance. An acceptance that departs from
either the terms of a bill or the terms added to but
not otherwise expressed in a bilL. An example is an
acceptance ofa draft as payable in a particular place
even though the draft contains no such limitation.
Bills and Notes (;::::>83.]
trade acceptance. A bill of exchange for the amount
of a specific purchase, drawn on and accepted by the
buyer for payment at a speCified time. [Cases: Bills
and Notes (;=)1.]
5. An insurer's agreement to issue a policy ofinsurance.
[Cases: Insurance (;::::> 1731.]
"And in some instances, insurance companies have even
specified in the application forms that acceptance of an
applicant'S offer will not occur until the insurance policy
is literally delivered to the applicant that is, the insurer
chooses to structure the arrangement so that acceptance
is to be manifested by the physical delivery of the insur
ance policy to the applicant." Robert E. Keeton & Alan I.
Widiss, Insurance Law: A Guide to Fundamental Principles,
Legal Doctrines, and Commercial Practices  2.1, at 39-40
(1988).
6. An heir's agreement to take an inheritance. See TACIT
ACCEPTANCE. 7. See ADOPTION (5). accept, vb.
acceptance au besoin. See ACCEPTANCE (4).
acceptance by silence. See ACCEPTANCE (1).
acceptance company. See sales finance company under
FI:-lANCE COMPANY.
acceptance credit. See time letter ofcredit under LETTER
OF CREDIT.
acceptance criteria. Intellectual Property. Agreed-on
performance standards that custom-made products
such as computer software or hardware or a commer
cial website must meet before the customer is legally
obligated to accept the product and pay for it.
acceptance doctrine. Construction law. The principle
that, once a property owner accepts the work ofa con
tractor, the contractor is not liable to third parties for
an injury arising from the contractor's negligence in
performing under the contract, unless the injury results
from a hidden, imminently dangerous defect that the
contractor knows about and the owner does not know
about. Also termed accepted-work doctrine. [Cases:
Negligence 1205(8).J acceptance for honor. See ACCEPTANCE (4).
acceptance-of-the-benefits rule. (1972) The doctrine
that a party may not appeal a judgment after having
voluntarily and intentionally received all or some part
of the relief provided by it. [Cases: Appeal and Error
C::c160; Federal Courts (;::::>543.]
acceptance sampling. The practice of examining only
a few items from a shipment to determine the accept
ability ofthe whole shipment.
acceptance supra protest. See acceptance for honor
under ACCEPTANCE (4).
acceptance testing. Intellectual Property. Formal experi
ments conducted by or on behalf of the customer to
determine whether computer software or hardware or
a commercial website satisfies the customer's accep
tance criteria . Usu., an acceptance-testing provision
in a sales contract or license agreement is accompanied
by a termination provision allowing the customer to
back out of the contract if the product is not accept
able. Also termed requirements testing. See ACCEP
TANCE CRITERIA. [Cases: Copyrights and Intellectual
Property (;::::> lO7.]
acceptare (ak-sep4air-ee), vb. [Latin] Civil law. To accept
or assent to, as a promise made by another.
accepted-work doctrine. See ACCEPTANCE DOCTRINE.
acceptilation (ak-sep-td-lay-sh;m), n. [fro Latin accepti
latio "release"] Roman & civil law. An oral release from
an obligation even though payment has not been made
in full; a complete discharge, esp. through a fictitious
payment. Also termed (in Roman law) acceptilatio.
Cf.APOCHA.
acceptor. A person or entity that accepts a negotiable
instrument and agrees to be primarily responsible for
its or performance. [Cases: Bills and Notes
acceptor supra protest. One who accepts a bill that
has been protested, for the honor of the drawer or an
indorser. See acceptance for honor under ACCEPTANCE
(4). [Cases: Bills and Notes C=>71,80.]
accept service. To agree that process has been properly
served even when it has not been. Also termed accept
service ofprocess. [Cases: Process 166.]
access, n. 1. An opportunity or ability to enter, approach,
pass to and from, or communicate with <access to the
courts>. 2. Family law. VISITATION (2). 3. Family law.
The opportunity to have sexual intercourse. Cf. NON
ACCESS.
multiple access. Hist. In a paternity suit, the defense
that the mother had one or more sexual partners
other than the defendant around the time ofconcep
tion. The basis for the defense is that because the
mother bears the burden of proof, she must be able
to prove that only the defendant could be the child's
father. In some jurisdictions, this is still known by its
common-law name, the exceptio plurium concuben
tium defense, or simply the plurium defense. Juries
or judges who wished to dismiss the case because

15 accessory
of the mother's promiscuity, rather than because of
the improbability of the defendant's paternity, often
accepted this defense. Most states have now abro
gated the defense. In recent years the issue of multiple
access has declined in importance with the rise of
highly accurate paternity testing. [Cases: Children
Out-of-Wedlock C=;>50.]
4. Patents & Trademarks. The right to obtain infor
mation about and to inspect and copy U.S. Patent and
Trademark Office files of patents, patent applications,
trademark applications, and inter partes proceedings
pertaining to them. 5. Copyright. An opportunity
by one accused of infringement to see, hear, or copy
a copyrighted work before the alleged infringement
took place <the duplication of the error proved that
the defendant had access to the work> . Proof of access
is required to prove copyright infringement unless the
two works are strikingly similar. [Cases: Copyrights
and Intellectual Property C=;>83(3.1).]
"Since direct evidence of copying is rarely available, a
plaintiff can rely upon circumstantial evidence to prove
this essential element; the most important component
of such circumstantial evidence to support a copyright
infringement claim is proof of access. Evidence of access
and substantial similarity create an inference of copying
and establish a prima facie case of copying." 18 Am. Jur. 2d
Copyright and Literary Property  206 (1985).
6. Copyright. The right to obtain information about
and to inspect and copy U.S. Copyright Office files and
deposited materials. See (for senses 3 & 4) POWER TO
INSPECT. -access, vb.
access easement. See EASEMENT.
accessio (ak-s;}sh-ee-oh) n. [Latin] Roman law. 1. The
doctrine by wp.ich something of lesser size, value, or
importance is integrated into something of greater size,
value, or importance.
"If the identity of one thing (the accessory) is merged and
lost in the identity of the other (the principal), the owner
of the principal is the owner of the thing.... There is
said to be accessio . ... The term is used by some com
mentators (and, following them, by the French Civil Code)
in a much wider sense to include all cases in which there
has been an addition to my right, i.e. in which the object
of my ownership has increased. The owner of an animal
therefore acquires ownership of the young of the animal at
birth by accessio, though in physical terms there has been
not an accession but a separation. In this sense accessio
includes all the original natural modes except occupatio
and thesauri inventio. And there are other, intermediate,
meanings. Since accessio as an abstract word is not Roman
and no clear classification emerges from the texts, no one
meaning or classification can be said to be 'right,' but
those adopted by the French Civil Code are so wide as to
be almost meaningless." Barry Nicholas, An Introduction to
Roman Law 133 & n.1 (1962).
2. ACCESSION (4).
accession (ak-sesh-.m). (16c) 1. The act of acceding or
agreeing <the family's accession to the kidnapper's
demands>. 2. A coming into possession of a right or
office <as promised, the state's budget was balanced
within two years after the governor's accession>. 3. Int'l
law. A method by which a nation that is not among a
treaty's original signatories becomes a party to it. <Italy became a party to the nuclear-arms treaty by accession>.
See Vienna Convention on the Law ofTreaties, art. 15
(1155 U.N.T.S. 331, 8 LL.M. 679 (1969)). -Also termed
adherence; adhesion. See INSTRUMENT OF ACCESSION. 4.
The acquisition of title to personal property by bestow
ing labor on a raw material to convert it to another
thing <the owner's accession to the lumber produced
from his land>. -Also termed (in Roman law) accessio.
See ADJUNCTION (2). [Cases: Accession C=;> 1.]
"Accessio is the combination of two chattels belonging to
different persons into a single article: as when A's cloth
is used to patch B's coat, or a vehicle let on hirepurchase
has new accessories fitted to it." R.F.V. Heuston, Salmond
on the Law of Torts 113 (17th ed. 1977).
5. A property owner's right to all that is added to the
property (esp. land) naturally or by labor, including
land left by floods and improvements made by others
<the newly poured concrete driveway became the hom
eowner,s property by accession> . In Louisiana law,
accession is the owner's right to whatever is produced
by or united with something, either naturally or arti
ficially. La. Civ. Code arts. 483, 490, 507. Cf. ANNEXA
TION. 6. An improvement to existing personal property,
such as new shafts on golf clubs.
"The problem of accessions arises infrequently, judging
from reported cases, but an obvious instance of the dif
ficulty arises where a motor vehicle is being financed by
a secured party and the debtor in possession of necessity
acquires a new engine or new tires for the vehicle .... Ifthe
seller of the engine or tires reserved a security interest at
the time the goods were installed, the seller should prevail
over the vehicle's secured party, with a right to remove
the accessions. Conversely, if the sale were on open credit
with no security interest reserved, or if the seller acquired
a security interest after installation of the goods, then the
financer of the