hedonistic damages. See hedonic damages under DAMA
GES.
hedonistic utilitarianism. See UTILITARIANISM.
heeding presumption. See PRESUMPTIO~.
heedlessness, n. (l6c) The quality ofbeing thoughtless
and inconsiderate; esp., conduct involving the disre
gard ofothers' rights or safety. Heedlessness is often
construed to involve the same degree of fault as reck
lessness. See RECKLESSNESS. heedless, adj. hegemonism (hi-jem-;:l-niz-am). (l9c) 1. A philosophical
position advocating hegemony. 2. All forms ofpolitical
extension by means of hegemony.
hegemony (hi-jem-;:l-nee), n. (l6c) 1. Influence, author
ity, or supremacy over others <the hegemony of capi
talism>. 2. The striving for leadership or predominant
authority ofone state ofaconfederacy or union over the
others; political domination <the former Soviet Union's
hegemony over Eastern Europe>. hegemonic (hej
a-mon-ik), adj.
heightened scrutiny. See INTERMEDIATE SCRUTINY.
heinous (hay-n;:ls), adj. (l4c) (Ofa crime or its perpetra
tor) shockingly atrocious or odious. [Cases: Sentencing
and Punishment 1684.] heinousness, n.
heir (air). (l3e) 1. A person who, under the laws of
intestacy, is entitled to receive an intestate decedent's
property. Also termed legal heir; heir at law; lawful
heir; heir general; legitimate heir. Cf. ANCESTOR. [Cases:
Descent and Distribution ~20-43; Wills C:::>SOS.J
"Laymen -and sometimes first-year law students taking
exams -wrongly assume that one who receives rea!
property by will is an heir. Technically, the word 'heir'
is reserved for one who receives real property by action
of the laws of intestacy, which operate today only in the
absence ofa valid will." Thomas F. Bergin & Paul G. Haskell,
Preface to Esrates in Land and Future Interests 14 n.32 (2d
ed.1984).
2. Loosely (in common-law jurisdictions), a person who
inherits real or personal property, whether by will or
by intestate succession. [Cases: Descent and Distribu
tion ~20-43; Wills ~S05.] 3. Popularly, a person
who has inherited or is in line to inherit great wealth.
4. Civil law. A person who succeeds to the rights and
occupies the place of, or is entitled to succeed to the
estate of, a decedent, whether by an act ofthe decedent
or by operation oflaw. The term heir under the civil
law has a more expansive meaning than under the
common law.
afterborn heir. (I8c) One born after the death of an
intestate from whom the heir is entitled to inherit.
See afterborn child under CHILD. [Cases: Descent and
Distribution
apparent heir. See heir apparent.
beneficiary heir (ben-;:!-fish-ee-er-ee). Civil law. An
heir who accepts an inheritance but whose liability
for estate debts is limited to the value of the inheri
tance. -Also termed heir beneficiary. See BENEFIT OF
INVENTORY. Cf. unconditional heir. [Cases: Descent
and Distribution ~119(2).]
bodily heir. See heir ofthe body.
coheir (koh-air). One oftwo or more persons to whom
an inheritance descends. [Cases: Descent and Distri
bution 72, 81, 82.]
collateral heir. (17c) One who is neither a direct descen
dant nor an ancestor of the decedent, but whose
kinship is through a collateral line, such as a brother,
sister, uncle, aunt, nephew, niece, or cousin. Cf.lineal
heir. [Cases: Descent and Distribution ~32,37.1

heir 792
expectant heir. (I7c) An heir who has a reversionary , heir male. Hist. The nearest male blood-relation of a
or future interest in property, or a chance ofsucceed
ing to it. -Also termed heir expectant. See REVER
SION (1); REMAINDER (1). Cf. prospective heir. [Cases:
Descent and Distribution 068.]
"The reader should be aware that one never has an 'heir'
until one is dead; one merely has an 'heir expectant' ....
Thus, to say that an heir 'owns' anything is conceptually
difficult. But ... some unborn heirs may be entitled to the
protection of the courts, and thus be said to have estates."
Thomas F. Bergin & Paul G. Haskell, Preface to Estates in
Land and Future Interests 26 n.13 (2d ed. 1984).
fideicommissary heir (fI-dee-I kom-i-sair-ee). Roman
& civil law. A beneficiary ofproperty who succeeds
the direct (original) heir. See FIDEICOMMISSUM.
fidUciary heir. Roman & civil law. An heir who takes
property as a trustee on behalf of a person who is
not eligible to receive the property immediately. See
FIDEICOMMISSUM.
forced heir. Civil law. (1813) A person whom the testator
or donor cannot disinherit because the law reserves
part ofthe estate for that person. -In Louisiana, only
descendants are forced heirs. La. Civ. Code art. 1493.
See LEGITIME. [Cases: Descent and Distribution
23.]
heir apparent. (14c) An heir who is certain to inherit
unless he or she dies first or is excluded by a valid
will. Also termed apparent heir. Cf. heir presump
tive. [Cases: Descent and Distribution 068.]
"Heirs apparent are such, whose right of inheritance is
indefeaSible, provided they outlive the ancestor; as the
eldest son or his issue, who must by the course of the
common law be heirs to the father whenever he happens
to die." 2 William Blackstone, Commentaries on the Laws
of Eng/and 208 (l766).
heir beneficiary. See beneficiary heir.
heir by adoption. A person who has been adopted by
(and thus has become an heir to) the deceased. -By
statute in most jurisdictions, an adopted child has
the same right ofsuccession to intestate property as a
biological child unless the deceased clearly expresses
a contrary intention. Jurisdictions differ on whether
an adopted child may also inherit from his or her
biological parents or family. The clear majority view,
however, is that upon adoption, a complete severance
ofrights and obligations occurs and the child forfeits
inheritance from all biological relatives.
heir by custom. Hist. In England, a person whose right
of inheritance depends on a particular and local
custom, such as gavelkind and borough English. See
GAVELKIND; BOROUGH ENGLISH.
heir by devise. (1842) One to whom lands are given
by will.
heir conventional. Civil law. One who takes a succes
sion because ofa contract or settlement entitling him
or her to it.
heir expectant. See expectant heir.
heir in tail. See heir special. decedent.
heir ofthe blood. (l6c) An heir who succeeds to an
estate because of consanguinity with the decedent,
in either the ascending or descending line.
heir ofthe body. Archaic. A lineal descendant of the
decedent, excluding a surviving spouse, adopted
children, and collateral relations. -'{he term of art
heirs of the body was formerly used to create a fee
tail <A conveys Blackacre to B and the heirs of his
body>. -Also termed bodily heir. [Cases: Descent
and Distribution 017,21.]
heir presumptive. (l7c) An heir who will inherit if
the potential intestate dies immediately, but who
may be excluded ifanother, more closely related heir
is born. -Also termed presumptive heir. Cf. heir
apparent. [Cases: Descent and Distribution (:::::;68.]
heirs and assigns. (16c) A term ofart formerly required
to create a fee simple <A conveys Blackacre to Band
his heirs and assigns>.
heir special. Hist. An heir who receives property
according to the nature ofthe estate held in fee tail.
Heirs special were said to receive property performam
doni ("by the form ofthe gift"). Also termed heir in
tail. [Cases: Descent and Distribution C-::>29.]
instituted heir. See testamentary heir.
irregular heir. Hist. Louisiana law. A person or entity
who has a statutory right to take property from an
estate in default of the testamentary or legal heirs.
[Cases: Descent and Distribution 074.]
joint heir. (16c) 1. A coheir. 2. A person who is or will
be an heir to both oftwo designated persons at the
death ofthe survivor of them, the word joint being
here applied to the ancestors rather than the heirs.
known heir. (l6c) An heir who is present to claim an
inheritance, the extent of which depends on there
being no closer relative.
laughing heir. (1943) Slang. An heir distant enough to
feel no grief when a relative dies and leaves an inheri
tance (generally viewed as a windfall) to the heir.
lineal heir. (16c) A person who is either an ancestor
or a descendant of the decedent, such as a parent or
a child. Cf. collateral heir. [Cases: Descent and Dis
tribution 020.]
natural heir. (16c) An heir by consanguinity as dis
tinguished from an heir by adoption or a statutory
heir (such as a person's spouse). [Cases: Descent and
Distribution C47(2).J
presumptive heir. See heir presumptive.
pretermitted heir (pree-t;:Jr-mit-id). (1841) A child or
spouse who has been omitted from a will, as when a
testator makes a will naming his or her two children
and then, sometime later, has two more children who
are not mentioned in the will. -Also termed (more
specif.) pretermitted child; pretermitted spouse. See

793
PRETERMITTED-HEIR STATUTE. [Cases: Descent and
Distribution
prospective heir. (1855) An heir who may inherit but
may be excluded; an heir apparent or an heir pre
sumptive. Cf. expectant heir. [Cases: Descent and Dis
tribution C::c68.]
right heir. 1. lUst. The preferred heir to an estate tail,
as distinguished from a general heir. An estate tail
would pass to a general heir only on the failure ofthe
preferred heir and his line. 2. HEIR (1).
testamentary heir (tes-td-men-td-ree or -tree). Civil
law. A person who is appointed as an heir in the dece
dent's wilL Also termed instituted heir.
unconditional heir. Civil law. A person who chooses
expressly or tacitly -to inherit without any reserva
tion or without making an inventory. Cf. beneficiary
heir.
heirdom. (Be) The state ofbeing an heir; succession by
inheritance.
heiress. (17c) 1. Archaic. A female heir. See HEIR (1). 2. A
woman or girl who has inherited or is in line to inherit
great wealth.
heir general. See HEIR (1).
heir-hunter. A person whose business is to track down
missing heirs.
heirless estate. See ESTATE (3).
heirloom. (l5c) 1. An item ofpersonal property that by
local custom, contrary to the usual legal rule, descends
to the heir along with the inheritance, instead ofpassing
to the executor or administrator ofthe last owner.  Tra
ditional examples are an ancestor's coat ofarms, family
portraits, title deeds, and keys. Blackstone gave a false
etymology that many have copied: "The termination,
loom, is ofSaxon origin; in which language it signifies
a limb or member; so that an heirloom is nothing else,
but a limb or member of the inheritance." 2 William
Blackstone, Commentaries on the Law ofEngland 427
(1766). In fact, loom derives from Old English geloma
"utensil," and loom meant "implement, tool." 2. Popu
larly, a treasured possession ofgreat sentimental value
passed down through generations within a family.
"Heirlooms, strictly so cailed, are now very seldom to be
met with. They may be defined to be such personal chattels
as go, by force of a special custom, to the heir, along with
the inheritance, and not to the executor or administrator
of the last owner. The owner of an heir loom cannot by
his will bequeath the heirloom, if he leave the land to
descend to his heir; for in such a case the force of custom
will prevail over the bequest, which, not coming into opera
tion until after the decease of the owner, is too late to
supersede the custom .... In popular language the term
'heir-loom' is generally applied to plate, pictures or articles
of property which have been assigned by deed of settle
ment or bequeathed by will to trustees, in trust to permit
the same to be used and enjoyed by the persons for the
time being in possession. under the settlement or will, of
the mansionhouse in which the articles may be placed."
Joshua Williams, Principles ofthe Law ofPersonal Property
13-14 (11th ed. 1881).
heir portioner. See PORTIONER. Heralds' College
heirship. (l3c) 1. The quality or condition of being an
heir. 2. The relation between an ancestor and an heir.
[Cases: Descent and Distribution C::c20-41.J


The relation between an ancestor and an heir.
[Cases: Descent and Distribution C::c20-41.J
hell-or-high-waterdause. (1980) A clause in a personal
property lease requiring the lessee to continue to make
full rent payments to the lessor even ifthe thing leased
is unsuitable, defective, or destroyed. [Cases: Bailment
C::c20.J
hell-or-high-water rule. (1960) 1. The principle that a
personal-property lessee must pay the full rent due,
regardless of any claim against the lessor, unless the
lessee proves unequal bargaining power or unconscio
nability. [Cases: Bailment C'"='20.J 2. Insurance. The
principle that an insured's automobile-liability policy
will cover the insured while using a vehicle owned by
another if the insured uses the vehicle in a manner
within the scope of the permission granted. [Cases:
Insurance ~2662.1
henceforth, adv. (l4c) From now on <the newly enacted
rule will apply henceforth>.
henfare. Hist. A fine for flight from an accusation of
murder.
Henricus Vetus (hen-n-bs vee-tas). [Law Latin] Henry
the Old (or Elder) .  This term was used in early English
charters to distinguish King Henry I from later kings
ofthe same name.
heordpenny (h3rd-pen-ee), n. See PETER-PENCE.
Hepburn Act. A 1906 federal statute that amended
the Interstate Commerce Act to (1) increase the (now
defunct) Interstate Commerce Commission's jurisdic
tion to include pipelines, (2) prohibit free pass~s except
to employees, (3) prohibit common carriers from trans
porting any products (except timber) in which they had
an interest, and (4) require joint tariffs and a uniform
system of accounts. [Cases: Carriers 32(1);
Commerce C::c85.2.]
heptarchy (hep-tahr-kee). 1. A government by seven
rulers. 2. A nation divided into seven governments,
speci. the seven Anglo-Saxon kingdoms of Kent,
Sussex, Essex, Wessex, East Anglia, Mercia, and Nor
thumbria existing before the Norman Conquest.
herald, n. (l3c) 1. In England and Scotland, one of
several officers responsible for keeping genealogical
lists and tables, adjusting armorial bearings, and regu
lating the ceremonies at royal coronations and funerals.
 There are six in England and three in Scotland. 2.
Hist. A messenger who announces royal or state proc
lamations, and who carries diplomatic messages (esp.
proclamations of war, peace, or truce) between kings
or countries.
Heralds' College. A royal corporation responsible in
England for granting and recording armorial insignia
and genealogies, and for dealing with matters of pre
cedence. The College was founded by Richard III in
1484, is governed by the Earl Marshal, and consists
of three kings ofarms, six heralds, and four pursuiv
ants. The heralds' books, based on family-lineage

794 herbage
inquiries made throughout England, are considered
good evidence of pedigrees. The heralds' office is still
allowed to make grants of arms and to grant name
changes. -Also termed College ofArms.
herbage (har-bij). (lSc) In England, an easement or
liberty of pasturage on another's land.
herdwerch (hard-wdrk), n. Hist. Herdsmen's work,
or customary labor, done by shepherds and inferior
tenants at the lord's wilL Also spelled heordwerch.
hereafter, adv. (bef. l2c) 1. From now on; henceforth
<because ofthe highway construction, she will hereaf
ter take the bus to work>. 2. At some future time <the
court will hereafter issue a ruling on the gun's admissi
bilitv>. 3. HEREINAFTER <the exhibits hereafter referred
to a~ Exhibit A and Exhibit B>.
here and there. See VALUE DATE.
herebannum (her-d-ban-dm), n. [Law Latin fr. Old
English here "army" + bann "proclamation"] Hist. 1.
A proclamation summoning the army into the field.
2. A mulct or fine for not joining that army when
summoned. 3. A tax or tribute for the support of that
army.
herebote (her-d-boht), n. [fro Old English here "army" +
bod "command"] Hist. In England, a royal edict sum
moning the people to the battlefield; an edict com
manding subjects into battle. Also spelled herebode;
hebote.
hereby, adv. (l3c) By this document; by these very
words <I hereby declare my intention to run for public
office>.
heredad (e-re-dahd), n. Spanish law. 1. An inheritance
or heirship. 2. A piece ofland under cultivation; a cul
tivated farm.
heredad yacente (e-re-dad yah-sen-te). An inheritance
not yet accepted. See hereditas jacens under HEREDI
TAS.
heredero (e-re-der-oh), n. Spanish law. I. An heir or
legatee. 2. An owner ofa cultivated farm.
heredes. See HERES.
heredes a/ioqui successuri (hd-ree-deez ay-lee-oh-kwI
sdk-ses-J-rr). [Latin] Hist. Heirs entitled otherwise to
succeed. -Also termed heredes alioquin success uri.
heredes nati et facti (hd-ree-deez nay-ti et fak-u). [Latin]
Hist. Heirs born and made.
heredes proximi (hJ-ree-deez prok-SJ-mI), n. [Latin]
Nearest or next heirs.
heredes proximi et remotiores (hd-ree-deez prok-sd-mi
et ri-moh-shee-or-eez). [Latin] Hist. Heirs nearer and
more remote.
heredes remotiores (ha-ree-deez ri-moh-shee-or-eez), n.
[Latin] Heirs more remote; relatives other than children
or descendants.
heredipeta (he-rd-dip-d-td), n. [Law Latin] Hist. A leg
acy-hunter; the seeker ofan inheritance. heredis institutio (hd-ree-dis in-sti-t[y]oo-shee-oh). See
INSTITUTIO HEREDIS.
hereditament (her-a-dit-;l-mdnt or hd-red-i-tJ-mJnt).
(lSc) I. Any property that can be inherited; anything
that passes by intestacy. [Cases: Descent and Distri
bution ~8.] 2. Real property; land. [Cases: Property
corporeal hereditament (kor-por-ee-dl). A tangible
item ofproperty, such as land, a building, or a fixture.
[Cases: Fixtures Property~4.J
incorporeal hereditament (in-kor-por-ee-al). An
intangible right in land, such as an easement.  1he
various types at common law were advowsons, annui
ties, commons, dignities, franchises, offices, pensions,
rents, tithes, and ways.
"There are two quite distinct classes of incorporeal her
editaments: 1. Those which may ripen into corporeal her
editaments. Thus a grant to A for life with remainder to
Bin fee simple gave Ban incorporeal hereditament which
becomes corporeal after A's death. 2. Those which can
never become corporeal hereditaments but are merely
rights over the land of another, e.g., rentcharges." Robert
E. Megarry & M. P. Thompson, A Manual of the Law of Real
Property 361 (6th ed. 1993).
hereditary, adj. (15c) Ofor relating to inheritance; that
descends from an ancestor to an heir.
hereditary succession. See intestate succession under
SUCCESSION (2).
hereditas (ha-red-i-tas), n. [Latin] 1. Roman law. An
inheritance by universal succession to a decedent.
This succession applied whether the decedent died
testate or intestate, and whether in trust (ex fideicom
missa) for another or not. The comparable right under
Praetorian law was bonorum possessio, possession of an
inheritance that could be the basis of a right to succeed.
2. Hist. An estate transmissible by descent; an inheri
tance. Also spelled haereditas.
hereditas damnosa (hd-red~i-tas dam-noh-sd). A bur
densome inheritance; an inheritance whose debts
exceed its assets.
hereditas jacens (hd-red-i-tas jay-senz). [Latin iaceo
"to lie"] 1. Property belonging to an estate before an
heir accepts it.  This term had a similar meaning at
common law. See ABEYANCE (2).
"Hereditas jacens is the term applied to an inheritance
which has not yet vested, an inheritance, that is to say,
which has been 'delata' to a heres extraneus (i.e. vol un
tarius), but has not yet been acquired by him." Rudolph
Sohm, The Institutes: A Textbook of the History and System
of Roman Private Law 512 Uames Crawford Ledlie trans.,
3d ed. 1907).
2. Hist. A decedent's estate that has no heir or legatee
to take it; an escheated estate. -Also termed caduca.
See ESCHEAT. 3. Hist. An inheritance without legal
owner and thus open to the first occupant.
hereditas legitima (hd-red-i-tas ld-jit-i-md). A suc
cession or inheritance devolving by operation oflaw
rather than by wilL See INTESTACY.
hereditas luctuosa (ha-red-i-tas ldk-choo-oh-sa). A
sad or mournful inheritance; one that disturbs the

795
natural order of mortality (turbato ordine mortali
taUs), as that of a parent inheriting a child's estate.
This term is more literary than legal. Also termed
tristis successio.
hereditas paterna (h<)-red-i-tas p<)-t;lr-n<). [Latin] Hist.
A succession that descends through the father.
hereditas testamentaria (h<)-red-i-tas tes-t<)-men
tair-ee-<). Testamentary inheritance; succession to
an estate under a decedent's will.
heredity. (l6c) 1. Archaic. Intestate succession; the taking
of an inheritance by common-law succession. 2. The
genetic transmission of characteristics from a parent
to a child; the biological law by which characteristics of
a living being tend to repeat themselves in the being's
descendants.
herein, adv. (bef. 12c) In this thing (such as a document,
section, or paragraph) <the due-process arguments
stated herein should convince the court to reverse the
judgment>. _ This term is inherently ambiguous.
hereinafter, adv. (16c) Later in this document <the buyer
agrees to purchase the property described hereinaf
ter>. -Also loosely termed hereafter.
herenach (her-<)-nak), n. [fro Old Irish airchinnich "chief
man"] An archdeacon. -Also spelled erenach.
hereof, adv. (bef. 12c) Of this thing (such as a provi
sion or document) <the conditions hereof are stated
in section 3>.
heres (heer-eez), n. [Latin] Roman law. A successor to
the rights and liabilities of a deceased person; an heir.
-Because the heres succeeded to both the rights and
the debts of the decedent, the office combined that ofa
modern executor with that of an heir at law. The insti
tution of the heres was the essential characteristic of
a testament; if this was not done, the instrument was
called a codicil/us. Also spelled (in Law Latin) haeres.
Pl. heredes (hi:l-ree-deez) or (for haeres) haeredes.
heres actu (heer-eez ak-t[y]oo). [Law Latin] Hist. Heir
by appointment.
heres astrarius (as-trair-ee-<)s). [Law Latin "heir ofthe
hearth"] An heir who has received, by conveyance, an
ancestor's estate during the ancestor's lifetime.
heres de facto (di fak-toh). fLaw Latin "heir from fact"]
Hist. 1. An heir whose status arises from the disseisin
or other wrongful act of the heir's ancestor. See DIS
SEISIN. 2. An heir in fact, as distinguished from an
heir by law (de jure).
heres ex asse (as-ee). [Latin "sole heir"] Roman law. An
heir to the whole estate.
heres ex testamento (eks tes-ti:l-men-to). See heres
factus.
heres extraneus (ek-stray-nee-i:ls). [Latin "extraneous
heir"] Roman law. An external heir; one who had not
been subject to the testator's power (potestas) and
hence not bound to accept the inheritance. PI. heredes
extranei (h<)-ree-deez ek-stray-nee-r). heretofore
heres factus (fak-t<)s). [Latin "made heir"] An heir
appOinted by will; a testamentary heir. Also termed
heres ex testamento; heres institutus. Cf. heres natus.
heres fideicommissarius (fI-dee-r -kom -<)-sair-ee-<)s).
[Latin] Roman law. The person for whose benefit an
estate was given by will to a fiduciary heir. -This
office corresponds loosely to the cestui que trust ofthe
common law. Cf. heres fiduciarius.
heres fiduciarius (fi-d[y]oo-shee-air-ee-i:ls). [Latin
"fidu


uciarius (fi-d[y]oo-shee-air-ee-i:ls). [Latin
"fiduciary heir"] Roman law. A person made heir by
will, in trust for the benefit ofanother; an heir subject
to a trust. Cf. heres fideicommissarius.
heres in mobilibus (heer-eez in moh-bil-i-b;}s). [Law
Latin] Hist. Heir in movables.
heres institutus (in-sti-t[y]oo-t<)s). See heres factus.
heres legitimus (li:l-jit-i-m<)s). [Latin "lawful heir"]
Roman law. An heir entitled to succeed (on intestacy)
by the laws ofthe Twelve Tables.
heres natus (nay-t<)s). [Latin "heir by birth"] An heir
by reason ofbirth; an heir at law or by intestacy. Cf.
heres factus.
heres necessarius (nes-<)-sair-ee-<)s). [Latin "necessarv
I heir"] Roman law. A slave freed on the testator's death
, and thus compelled to accept the inheritance.
i heres rectus (rek-ti:ls). [Law Latin] Hist. A right or
proper heir.
heres suus (s[y]oo-<)s). [Latin "one's own heir"] 1. A
decedent's proper or natural heir; a lineal descendant
ofthe deceased. 2. Roman law. A free person who was
subject to the testator's power (potestas) but who could
exercise full legal rights upon the testator's death.
heres suus etnecessarius (s[y]oo-<)s et nes-<)-sair-ee-<)s).
[Latin "one's own and necessary heir"] A free person
subject to the decedent's potestas. -These heirs were
called necessary because they became heirs by law, not
by the decedent's choice. But since this was also true
ofslaves, when named heirs in a will, the former class
was deSignated suus et necessarius by way ofdistinc
tion, the word suus denoting that the necessity arose
from the relationship to the decedent.
ultimus heres (;ll-ti-mas). The last or remote heir; the
lord.
heresy (her-<)-see), n. (l3c) 1. Opinion or doctrine
contrary to (usu. Roman Catholic) church dogma. 2.
Hist. In England, an offense against religion, consist
ing not in totally denying Christianity, but in publicly
denying some of its essential doctrines; an opinion on
divine subjects devised solely by human reason, openly
taught, and obstinately maintained. _ This offense is
now subject only to ecclesiastical correction and is
no longer punishable by the secular law. heretical, I
adj.
hereto, adv. (12c) To this document <the exhibits are
attached hereto>.
heretofore, adv. (l3c) Up to now; before this time <a
question that has not heretofore been decided>.

796 hereunder
hereunder, adv. (15c) 1. Later in this document <review
the provisions hereunder before signing the consent
form>. 2. In accordance with this document <notice
hereunder must be provided within 30 days after the
loss>.
herewith, adv. (bef. 12c) With or in this document
<enclosed herewith are three copies>.
herezeld. Hist. In a feudal system, a vassal's best animal
(esp. the best horse, ox, or cow), given in tribute to
the superior upon the vassal's death. Also spelled
hereyeld; herield.
herield. See HEREZELD.
heriot (her-ee-at), n. [fro Old English here "army" +
geatwa "trappings"] Hist. A customary tribute ofgoods
and chattels, payable to the lord of the fee on the tenant's
death. Heriot derives from an earlier feudal service
consisting of military equipment returned to the lord
on the tenant's death; over time it came to refer only to
the chattel payment due at the tenant's death.
"We are told that the ancient heriot (heregeatu, military
apparel) had at one time consisted ofthe horses and arms
lent by the lord to his man which on the man's death were
returned to the lord .... Turning to manorial surveys,
we find it among the commonest of customs that when
a tenant in villeinage dies, the lord shall have the best
beast; sometimes a similar due is taken from the goods of
the dead freeholder, and it is to these customary dues that
the name 'heriot' permanently attaches itself." 1 Frederick
Pollock & Frederic W. Maitland, The History ofEnglish Law
Before the Time ofEdward 1312,317 (2d ed. 1898).
heriot custom. A heriot due by custom . This term is
used primarily to distinguish a heriot service from an
ordinary heriot.
heriot service. A tribute arising from special reserva
tion in a grant or lease oflands, and thus amounting
to little more than rent.
herislit (her-a-sleet or hair-), n. [Old English] Hist. 1. The
act ofsurrendering; laying down ofarms. 2. The crime
ofdeserting from an army.
heritable (her-i-ta-b;Jl), adj. (14c) 1. (Of property) capable
of being inherited. [Cases: Descent and Distribution
(;:~~~8.] 2. (Of a person) capable of inheriting. Also
termed inheritable. [Cases: Descent and Distribution
heritable blood. See BLOOD.
heritable bond. See BOND (2).
heritable jurisdiction. Hist. Scots law. The power of a
laird to try his own people and hand down punish
ments, including death . The laird or dan chief tradi
tionally acted as a supreme court. There was no appeal
from decisions and sentences were usu. carried out
immediately. The Heritable Jurisdiction Act of 1748
abolished this power.
heritable obligation. See OBLIGATION.
heritable property. Scots law. See HERITAGE.
heritable security. See SECURITY.
heritage (her-i-tij), n. Scots law. Property that passed on
death to the owner's heir; esp., land and all the property connected to it (such as a house). Also termed heri
table property.
Her Majesty's Stationery Office. See STATIONERY
OFFICE.
hermeneutics (h<lr-m;J-n[y]oo-tiks), n. (I8c) The art of
interpreting texts, esp. as a technique used in critical
legal studies. hermeneutical, hermeneutic, adj.
Hermogenian Code. See CODEX HERMOGENIANUS.
hesia (hee-zhee-a or hee-shee-a), n. [Law Latin] An
easement.
hetaerarcha (het-ar-ahr-b), n. [Greek hetaera "asso
ciation" + archein "to rule"] Roman law. The head of a
society, corporation, or college.
hetaeria (ha-teer-ee-a), n. [Greek "association"] Roman
law. A society, guild, or college; a fraternity. Also
termed (in English) hetaery.
heterologous, adj. Patents. Of, relating to, or constituting
the DNA ofa foreign organism.
heterologous artificial insemination. See artificial
insemination by donor under ARTIFICIAL INSEMINA
TION.
heuristic (hyuu-ris-tik), adj. (1821) Ofor relating to a
method oflearning or problem-solving by using trial
and-error and other experimental techniques <heuris
tic discovery methods>.
HEW. abbr. The Department of Health, Education,
and Welfare, a former agency of the U.S. government
created in 1953. When the Department ofEducation
was created in 1979, the name of HEW was changed
to the Department of Health and Human Services
(HHS).
Heydon's case, rule in. See MISCHIEF RULE.
HGN test. abbr. HORIZONTAL-GAZE NYSTAGMUS TEST.
HHS. abbr. DEPARTMENT OF HEALTH AND HUMAN
SERVICES.
hiatus. Patents. A gap between the time when a parent
application ceases to be pending (by abandonment or
issuance) and the time a continuing application is filed.
 A hiatus breaks the chain ofcontinuity, so that later
applications are not entitled to the effective filing date
of the parent application. Cf. CONTINUITY (2). [Cases:
Patents (;:::> 110.]
hidage (hId-ij), n. Hist. A tax, payable to the Crown,
based on every hide of land. -Also spelled hydage.
See HIDE.
"Of the same nature with scutages upon knights'-fees were
the assessments of hydage upon all other lands, and of
talliage upon cities and burghs. But they all gradually fell
into disuse, upon the introduction of subsidies, about the
time of king Richard II and king Henry IV." 1 William Black
stone, Commentaries on the Laws ofEngland 300 (1765).
hidalgo (hi-dal-goh or ee-dahl-goh), n. [fro Spanish hijo
"son" + algo "property"] In Spain, a man belonging to
the lower nobility; a gentleman of property.
hidalguia (ee-dahl-gee-ya), n. [Spanish] In Spain,
nobility by descent or lineage.

797
HIDC. abbr. HOLDER IN DUE COURSE.
hidden asset. See ASSET.
hidden defect. See DEFECT.
hidden fraud. See fraudulent concealment under CON~
CEALMENT.
hidden tax. See TAX.
hide, n. Hist. (bef. 12c) 1. In England, a measure of
land consisting in as much as could be worked with
one plow, variously estimated as from 30 to 120 acres
but probably determined by local usage . A hide was
anciently employed as a unit oftaxation. Cf. CARUCATE.
2. As much land as would support one family or the
dwellers in a mansion~house. -Also termed (in senses
1 & 2) hide land. 3. A house; a dweIling~house.
hidegild (hId-gild), n. [Old English] Hist. A sum ofmoney
paid by a villein or servant to avoid a whipping. -Also
spelled hidgild; hydegeld; hudegeld.
bidel (hId~;}1 or hid-all, n. [Old English] Hist. A hiding-
place; a place of protection or sanctuary.
hide land. 1. See HIDE (1). 2. See HIDE (2).
high bailiff. See BAILIFF.
High Commission Court. See COURT OF HIGH COMMIS
SION.
High Court. L See HIGH COURT OF JUSTICE. 2. See HIGH
COURT OF JUSTICIARY.
High Court ofAdmiralty. In England, a court exercis
ing jurisdiction in matters relating to shipping, colli~
sian, and salvage cases . The court dates from the 14th
century, and much of its early history concerns prize
and piracy cases. Its jurisdiction varied through the
centuries, sometimes extending into criminal matters
and other areas oflaw not related directly to maritime
issues. The Judicature Acts of 1873-1875 merged the
Court into the High Court as part of the Probate,
Divorce, and Admiraltv Division. The Administra
tion ofJustice Act of 1970 established a new Admi
ralty Court as part ofthe Queen's Bench Division ofthe
High Court. It is regulated by the Supreme Court Act of
1981. Also termed Court ofthe Lord High Admiral;
Court ofAdmiralty. Cf. ADMIRALTY (1).
"To the office of the Lord High Admiral (originally a naval
official concerned with the command of the fleet and the
suppression of piracy and wrecking) there was annexed
a court which acquired a jurisdiction over civil cases of
a maritime nature. Just how and when this happened is
too cloudy and controversial for simple or even accurate
summary, but by the time of Richard II (1377~1400) the
admiral and vice~admiral were transacting enough judicial
business to move Parliament to limit their jurisdiction by
statute to 'a thing done upon the sea,' and in Tudor times
the court was well established as a court of record, doing
a large civil business. It slowly but surely took away most
of their business from the local maritime courts in the
port towns, and attracted the easily aroused jealousy of
the common law courts, as well as the dislike of those who
feared it as a prerogative court .... These factors resulted
in the rather anticlimactic eclipse of the court for almost
two centuries." Grant Gilmore & Charles L. Black Jr., The
Law ofAdmiralty  1~4, at 9~10 (2d ed. 1975). high-probability rule
High Court ofChivalry. Hist. A court of honor having
jurisdiction over matters relating to deeds ofarms and
war, armorial insignia, and precedence. Also termed
Court ofChivalry; Court ofEarl Marshal. See COURT
OF HONOR.
"This Curia Marescalli, or High Court of Chivalry, was
revived by James I as a court of honour, which not only
tried the right to distinctions of honour and coat armour
but also redressed affronts to honour such as slander.
The slander jurisdiction was later denied, leaving it with
ajurisdiction probably confined to disputes over armorial
bearings, which are determined according to the law of
arms. The court, which has only sat once since 1737, is
the last English court to use the procedure of the civil law:'
J.H. Baker. An Introduction to English Legal History 142 (3d
ed. 1990).
High Court ofDelegates. See COURT OF DELEGATES.
High Court of Errors and Appeals. See COURT OF
ERRORS AND APPEALS.
High Court ofJustice. The superior dvil court ofEngland
and Wales. -Often shortened to High Court


ALS.
High Court ofJustice. The superior dvil court ofEngland
and Wales. -Often shortened to High Court.
High Court of Justiciary (j;}-stish-ee-er~ee). Scots law.
The superior criminal court ofScotland, acting both as
a trial court and as a court offinal criminal appeaL -Its
judges are Lords Commissioners ofJusticiary. -Often
shortened to High Court.
high crime. See CRIME.
high degree ofcare. See great care under CARE.
high diligence. See great diligence under DILIGENCE.
higher court. See court above under COURT.
higher scale. See SCALE (4).
highest and best use. See USE (1).
highest court. See COURT.
highest degree ofcare. See CARE.
highest proved value. See VALUE (2).
high flier. Slang. A security that has strongly attracted
public interest so that investors pay an unusually high
price.
highgrade, vb. 1. To steal rich ore, as from a mine by
a miner. 2. To mine only esp. valuable ore (such as
gold).
high-grade security. See SECURITY.
high justice. See rUSTICE (3).
high-low agreement. (1980) A settlement in which
a defendant agrees to pay the plaintiff a minimum
recovery in return for the plaintiffs agreement to accept
a maximum amount regardless of the outcome of the
trial. Also termed hilo settlement. [Cases: Compro
mise and Settlement c-'104.]
highly prudent person. See REASONABLE PERSON.
high-managerial agent. See AGENT (2).
high misdemeanor. See MISDEMEANOR.
high-probability rule. Marine insurance. The princi~
pIe that an insured may abandon a vessel if it appears
extremely likely that a total loss is imminent. [Cases:
Insurance C::>2237.]

798 high seas
high seas. See SEA.
high sheriff. See SHERIFF (1).
high-test marriage. See covenant marriage under
MARRIAGE (1).
high treason. See TREASO:-.l.
high-water line. See high-water mark under WATER
MARK.
high-water mark. See WATER MARK.
highway. (bef. 12c) 1. Broadly, any main route on land,
on water, or in the air. 2. A free and public roadway
or street that every person may use. [Cases: Highways
"Every thoroughfare which is used by the public, and is,
in the language of the English books, 'common to all the
king's subjects,' is a highway, whether it be a carriage
way, a horse-way, a foot-way, or a navigable river. It is,
says Lord Holt, the genus of all public ways." 3 James Kent,
Commentaries on American Law *432 (George Comstock
ed., 11th ed. 1866).
3. The main public road connecting towns or cities. 4.
The entire width between boundaries of every publicly
maintained way when part is open to public use for
purposes ofvehicular traffic.
common highway. A highway for use by the public for
any purpose of transit or traffic.
public highway. A highway controlled and maintained
by governmental authorities for general use. [Cases:
Highways (;:;018.]
highway act. (usu. pl.) One of a body of statutes gov
erning the laying out, construction, repair, and use
of highways. Also termed highway law. [Cases:
Highways C::>21.]
highwayman. (17c) A highway robber; a person who robs
on a public road.
highway rate. Hist. In England, a tax for the mainte
nance and repair ofhighways.
highway robbery. See ROBBERY.
highway tax. See TAX.
high-yield bond. See BOND (3).
high-yield debt obligation. See high-yield bond under
BOND (3).
higuela (ee-gay-Iah), n. Spanish law. A receipt given by a
decedent's heir, setting forth what property the heir has
received from the estate, and kept as a record.
hijack, vb. (1923) 1. To commandeer (a vehicle or
airplane), esp. at gunpoint. See CARJACK; SKYJACK. 2.
To steal or rob from (a vehicle or airplane in transit).
[Cases: Aviation C::;; 16; Robbery C::;;1.] 3. Hist. To rob
by trickery or violence; esp., to rob (a smuggler or boot
legger) and take illegal goods.
Hilary Rules. (l9c) Hist. A collection of English pleading
rules designed to ease the strict pleading require
ments of the special-pleading system, esp. by limiting
the scope of the general issue in the formed actions
and by forCing the defendant to set up affirmatively
all matters other than a denial ofthe breach ofduty or of the wrongful act. -Promulgated in England in the
1834 Hilary Term, these rules followed an 1828 initia
tive to examine procedural laws and other subjects and
to report to Parliament changes that might be enacted.
The rules had the unintended effect of extending the
reach ofstrict-pleading requirements into new areas of
law. Widespread dissatisfaction with the Hilary Rules
led to the liberalization of the pleading system under
the 1873-1875 Judicature Acts. -Formerly also termed
New Rules.
"The failure of the Hilary Rules ... lay in their insistence on
special pleading as it was understood late in the eighteenth
century. That parties should plead precisely, and clarify
as far as possible the issue between them, is one thing;
that their endeavours to do so should be judged by the
extremely artificial standards of the old system, was quite
another." Theodore F.T. Plucknett, A Concise Hlstorv of the
Common Law416 (5th ed. 1956).
Hilary sittings. In England, a term of court beginning
on January 11 ofeach year and ending on the Wednes
day before Easter. _ The Hilary sittings were known as
Hilary term until 1875. Cf. EASTER SITTINGS; MICHAEL
MAS SITTINGS; TRINITY SITTINGS.
hilo settlement. See HIGH-LOW AGREEMENT.
Hilton doctrine. Civil procedure. The rule that in a
dispute between parties to an oil-and-gas lease, royalty
owners who would lose their rights if the defendant's
lease were terminated are regarded as indispensable
parties to a proceeding challenging the lease. Hilton
v. Atlantic Refining Co., 327 F.2d 217 (5th Cir. 1964).
[Cases: Mines and Minerals C=>78.7(2).]
Himalaya clause. Maritime law. A provision in a bill of
lading extending the carrier's defenses and limitations
under the Carriage of Goods by Sea Act to third parties,
typically employees, agents, and independent contrac
tors. -The Supreme Court has held that this type of
clause must be strictly construed. Robert C. Herd &
Co. v. Krawilllviachinery Corp., 359 U.S. 297, 79 S.Ct.
766 (1959). See CARRIAGE OF GOODS BY SEA ACT. [Cases:
Shipping C::;;, 140(1).]
"The plaintiff was injured while a passenger on the cruise
ship The Himalaya. She sued the master and the boatswain
for their negligence because the carrier was contractually
exempt from all liability. Because the contract did not have
a 'Himalaya clause,' she succeeded. The carrier, having
indemnified its employees, ultimately paid the damages.
It thus lost its contractual exemption indirectly." Michael
J. Sturley, International Uniform Law in National Courts, 27
Va.j. Int'l L. 729, 740 n.lOl (1987).
hinc inde (hink in-dee). [Law Latin] Scots law. On either
side. _ The phrase usu. refers to the respective claims
of parties to a lawsuit.
hine (hIn), 11. Hist. In England, a husbandry servant.
Also spelled hind.
hinefare (hIll-fair), n. Hist. In England, the loss or depar
ture of a servant from the master.
hinegeld (hIn-geld), n. Hist. A ransom for an offense
committed by a servant.
HIPAA (hip-;.}), abbr. HEALTH INSURANCE PORTABILITY
AND ACCOUNTABILITY ACT.

799
hipoteca (ee-poh-tek-ah), n. Spanish law. A mortgage of
real property. See HYPOTHECATION.
hire, vb. (bef. 12c) 1. To engage the labor or services of
another for wages or other payment. 2. To procure the
temporary use of property, usu. at a set price. 3. To
grant the temporary use of services <hire themselves
out>.
hired gun. (1971) Slang. 1. An expert witness who testi
fies favorably for the party paying his or her often
because of that financial relationship rather than
because of the facts. 2. A lawyer who stops at nothing
to accomplish the client's goals, regardless of moral
consequences.
hireling, n. A person who is hired or serves for wages,
esp. one who works only for the sake of payments.
[Cases: Labor and Employment ~23.]
hire-purchase agreement. See LEASE-PURCHASE AGREE
MENT.
hiring. See LOCATIO.
hiring at wilL See employment at will under EMPLOY
MENT.
his. (bef. 12c) A possessive pronoun of the masculine
gender but traditionally used and construed to include
both sexes. Because of the trend toward nonsexist
language, careful drafters now tend to avoid the generic
use of his (and the personal pronouns he and him)
unless the reference is only to a male person.
His Honor; Her Honor. (1827) L A third-person title
customarily given to a judge. 2. A third-person title
customarily given to the mayor of a city. 3. A third
person title given by the Massachusetts Constitution
to the lieutenant governor of the commonwealth. Cf.
YOUR HONOR.
his testibus (his tes-td-bds). [Law LatinI Hist. These
being witnesses . The concluding clause of deeds and
charters typically opened with these words, which
stated the names of the witnesses to the instrument.
This clause appeared in deeds and charters until
the 16th century. -Also spelled hijs testibus; hiis
testibus.
historian. Parliamentary law. An officer charged with
compiling or contributing to an organization's official
history.
historical cost. See acquisition cost (1) under COST (1).
historical jurisprudence. See JURISPRUDENCE.
historic bay. See BAY.
historic-preservation law. An ordinance prohibiting
the demolition or exterior alteration ofcertain historic
buildings or of all buildings in a historic district. [Cases:
Environmental Law C=.::>61-103.]
historic site. A building, structure, area, or property that
is Significant in the history, architecture, archaeology,
or culture of a country, state, or city, and has been so
deSignated by statute. _ A historic site usu. cannot
be altered without the permission of the appropriate
authorities. [Cases: Environmental Law (;-=>78.] hodgepodge act
hit, n. (bef. 12c) 1. A physical strike. 2. Criminal law.
A murder committed for money or on orders from a
gang leader. 3. Criminal law. An instance ofthe taking
ofa drug. 3. Intellectual property. A Single instance of
a computer's connection to a Web page . Counters
keep track of how many visitors a Web page attracts,
and a large number of hits is a major selling point for
advertising. 4. Intellectual property. A Web page identi
fied by an Internet search engine as containing words
matching a user's query. 5. A creative work that is a
popular or a commercial Sllccess.
hit-and-run statute. A law requiring a motorist involved
in an accident to remain at the scene and to give certain
information to the police and others involved. [Cases:
Automobiles ~336.]
hitherto, adv. (l3c) Until now; heretofore.
H.L. abbr. HOUSE OF LORDS.
HLA test. See HUMAN-LEUKOCYTE ANTIGEK TEST.
HMO. abbr. HEALTH-MAINTENANCE ORGANIZATION.
hoard, vb. (bef. 12c) To acquire and hold (goods) beyond
one's reasonable needs, usu. because of an actual or
anticipated shortage or price increase <hoarding food
and medical supplies during wartime>.
hohbler. Hist. In England, a light horseman or bowman;
a tenant bound by his tenure to maintain a small light
horse for military service.
Hobbs Act. A federal anti-racketeering act making it a
crime to interfere with interstate commerce by extor
tion, robbery, or phYSical violence. 18 USCA  1951.
See RACKETEER INFLUENCED AND CORRUPT ORGANI
ZATIONS ACT. [Cases: Extortion and Threats
Robbery ~1.]
hobby loss. See LOSS.
hoc. [Latin] This; with; by; in.
hoc intuitu (hok in-t[y]oO-;}-t[y]oo). [Law Latin] Scots
law. In this prospect. -The phrase appeared in refer
ence to deeds executed in expectation ofan event, such
as a marriage.
hoc loco (hok loh-koh). [Law Latin] Hist. In this place.
hoc nomine (hok nahm-<l-nee). [Law Latin] Hist. In this
name.
hoc ordine (hok or-di-nee). [Law Latin] Jlist. In this
order.
hoc titulo (hok tit-Y<l-loh ortich-d-loh). [Law Latin] Hist.
Under this title.


ok tit-Y<l-loh ortich-d-loh). [Law Latin] Hist.
Under this title.
hodgepodge. (l5c) 1. HOTCHPOT (1). 2. An unorganized
mixture.
hodgepodge act. (1883) A statute that deals with incon
gruous subjects.
"Hodge-Podge Act. ... Such acts, besides being evident
proofs of the ignorance of the makers of them, or of their
want of good faith, are calculated to create a confusion
which is highly prejudicial to the interests ofjustice, ...
In many states bills, except general appropriation bills,
can contain but one subject, which must be expressed in
the title." 1 John Bouvier, Bouvier's Law Dictionarv 1444
(8th ed. 1914).

800 hold
hold, n. l. An order to preserve something or to delay or
postpone an action.
litigation hold. A notice issued in anticipation of
a lawsuit or investigation, ordering employees to
preserve documents and other materials relevant to
that lawsuit or investigation. [Cases: Federal Civil
Procedure
2. Archaic. In England, tenure . This word occurs
most often in conjunction with others -for example,
freehold, leasehold and rarely in its separate form.
See HOLDING (4).
hold, vb. (bef. 12c) 1. To possess by a lawful title <Sarah
holds the account as her separate property>. 2. (Of
a court) to adjudge or decide as a matter of law (as
opposed to fact) <this court thus holds the statute to
be unconstitutional>. Cf. FI!'ID. 3. To direct and bring
about officially; to conduct according to law <we must
hold an election every two years>. 4. To keep in custody
or under an obligation <I will ask the judge to hold you
accountable>. 5. To take or have an estate from another;
to have an estate on condition of paying rent or per
forming service <James holds Hungerstream Manor
under lease>. 6. To conduct or preside at; to convoke,
open, and direct the operations of <Judge Brown holds
court four days a week>. 7. To possess or occupy; to be
in possession and administration of <Jones holds the
office of treasurer>.
holdback, n. An amount withheld from the full payment
of a contract pending the other party's completion
of some obligation, esp. to ensure that a contractor
finishes the work agreed on beforehand. The terms
of a holdback are typically expressed in the contract.
The device gives the contractor an incentive to finish
the work, and the other party security that the work
will be finished. hold back, vb.
holder. (14c) 1. A person who has legal possession of
a negotiable instrument and is entitled to receive
payment on it. [Cases: Bills and Notes G-~427(1).] 2.
A person with legal possession of a document of title
or an investment security. 3. A person who possesses
or uses property.
holder for value. (I8c) A person who has given value
in exchange for a negotiable instrument.  Under the
UCC, examples of "giving value" include acquiring a
security interest in the instrument and accepting the
instrument in payment of an antecedent claim. UCC
 3-303(a). -Also termed bona fide holder for value.
[Cases: Bills and Notes G-~352.1
holder in due course. (1882) A person who in good
faith has given value for a negotiable instrument that
is complete and regular on its face, is not overdue, and,
to the possessor's knowledge, has not been dishonored.
 Under UCC  3-305, a holder in due course takes the
instrument free of all claims and personal defenses,
but subject to real defenses. -Abbr. HDC; HIDe.
Also termed due-course holder. [Cases: Bills and Notes
P327-384.] holder in good faith. (18c) One who takes property or
an instrument without knowledge of any defect in its
title.
holder of record. See STOCKHOLDER OF RECORD.
hold harmless, vb. (18c) To absolve (another party) from
any responsibility for damage or other liability arising
from the transaction; INDEMNIFY. -Also termed save
harmless. [Cases: IndemnityP25, 31(4).]
hold-harmless agreement. (1939) A contract in which
one party agrees to indemnify the other. Also termed
save-harmless agreement. See INDEMNITY. [Cases:
Indemnity (>~)25-33.1
hold-harmless clause. See INDEMNITY CLAUSE.
holding, n. (15c) 1. A court's determination of a matter of
law pivotal to its decision; a principle drawn from such
a decision. Cf. OBITER DICTUM. [Cases: Courts (;=:>88.]
2. A ruling on evidence or other questions presented
at trial. 3. (usu. pl.) Legally owned property, esp. land
or securities. 4. Hist. In feudal law, tenure.
holding cell. See JAIL.
holding charge. (1949) A criminal charge of some minor
offense filed to keep the accused in custody while pros
ecutors take time to build a bigger case and prepare
more serious charges.
holding company. See COMPA~Y.
holding-company tax. See TAX.
holding over. 1. A tenant's action in continuing to occupy
the leased premises after the lease term has expired.
 Holding over creates a tenancy at sufferance, with
the tenant being referred to as a holdover. See tenancy
at sufferance under TENANCY. [Cases: Landlord and
Tenant (>:;;:090, 119(2).] 2. Parliamentary law. An offi
cer's continued tenure beyond the term for which he or
she was elected, usu. because a successor has not been
elected or cannot yet assume the office.
holding period. (1935) Tax. The time during which a
capital asset must be held to determine whether gain
or loss from its sale or exchange is long-term or short
term. [Cases: Internal Revenue 0.:::>3260; Taxation
3465-3469.]
holding zone. See ZONE.
hold order. (1945) A notation in a prisoner's file stating
that another jurisdiction has charges pending against
the prisoner and instructing prison officials to alert
authorities in that other jurisdiction instead of releas
ing the prisoner.
hold out, vb. (16c) I. To represent (oneself or another)
as having a certain legal status, as by claiming to be an
agent or partner with authority to enter into transac
tions <even though he was only a promoter, Schwartz
held himself out as the principal>. [Cases: Principal
and Agent P99.] 2. To refuse to yield or submit; to
stand firm <Womack held out for a higher salary and
better benefits>.
holdover clause. See TRAILER CLAUSE.

holdover tenancy. See tenancy at sufferance under
TENA:-.1CY.
holdover tenant. See TENANT.
hold pleas. Archaic. To hear or try cases.
holdup. See STICKUP.
holiday. See LEGAL HOLIDAY.
holograph (hol-<l-graf), n. (17c) A document (such as
a will or deed) that is handwritten by its author.
The majority rule is that a holographic will need not
be entirely handwritten -only the "material provi
sions" to take into account the popular use of fill
in-the-blank will forms. This is also the position of the
Uniform Probate Code. -Also termed olograph; auto
graph. Cf. ONOMASTIC; SYMBOLIC. [Cases: Wills
130-135.]- holographic, adj.
holographic will. See WILL.
holymote. See HALLMOTE (4).
homage (hom-ij). (14c) In feudal times, a ceremony that
a new tenant performed for the lord to acknowledge
the tenure. _ This was the most honorable service that
a free tenant might do for a lord. In the ceremony,
kneeling before the lord, the tenant placed his hands
between the lord's hands while saying, "I become your
man from this day forward, oflife and limb and earthly
honor, and to you will be faithful and loyal, and bear
you faith, for the tenements that I claim to hold ofyou,
saving the faith that lowe unto our sovereign lord the
king, so help me God."
"Homage is an oath of fidelity, acknowledging himself to be
the lord's man: wherein the tenant must be ungirt, uncov
ered, kneel upon both knees, and hold both his hands
together between the lord's hands Sitting before him. This
is to be done only to the lord himself." Sir Henry Finch, Law,
or a Discourse Thereof143 (1759).
homage ancestral (hom-ij an-ses-tr<ll). [Law French]
A type ofhomage in which a tenant and the tenant's
ancestors have held immemorially ofanother by the
service ofhomage. -This long-standing relationship
bound the lord to warrant the title and to hold the
tenant clear of all services to superior lords. -Also
spelled homage auncestral (aw-mahzh on-se-stral).
homage liege (hom-ij leej). Homage due the sovereign
alone as supreme lord, done without any saving or
exception ofthe rights ofother lords. Also termed
homagium ligium (h<l-may-jee-<lm II-jee-dm).
homage jury. See JURY.
homagio respectuando (h<l-may-jee-oh ri-spek-choo-an
doh), n. [Law Latin "homage to the respected"] Hist. A
writ to the escheator commanding the delivery ofseisin
oflands to the heir ofthe king's tenant, even though the
heir had not performed homage.
homagium (ha-may-jee-<lm), n. [Law Latin] A formal
ceremony in which a feudal tenant acknowledged the
tenure granted by a lord; HOMAGE.
homagium ligium. See homage liege under HOMAGE.
homagium planum (play-n<lm), n. [Law Latin "plain
homage"] Hist. A type of homage binding the homager to nothing more than fidelity, without obli
gation either of military service or of attendance in
the superior's courts.
homagium reddere (red-<l-ree), n. [Law Latin "to
renounce homage"] Hist. The process, prescribed
in feudal law by a set form and method, by which a
vassal disowns and defies the lord.
homagium simplex (sim-pleks), n. [Law Latin "simple
homage"] Hist. A type ofhomage that acknowledges
tenure, while reserving the rights ofother lords.
hombre bueno (awm-bray bway-noh), n. Spanish law.
I. An arbitrator chosen by the parties to a suit. 2. A
judge. 3. A citizen in good standing; esp., one who is
competent to testify in a suit.
home. (bef. 12c) A dwelling place. See FAMILY HOME.
manufactured home. Secured transactions. A struc
ture, transportable in one or more sections, that when
traveling is 8 body feet or more in width or 40 body
feet or more in length, or, when erected on site, is 320
or more square feet, and that is built on a perma
nent chassis and designed to be used as a dwelling
with or without a permanent foundation when con
nected to the required utilities, and that has within it
plumbing, heating, air-conditioning, and electrical
systems. UCC  9-102(a)(36). [Cases: Secured Trans
actions
matrimonial home. See matrimonial domicile under
DOMICILE.
tax home. See TAX HOME.
home-equity line ofcredit. See home-equity loan under
LOAN.
home equity loan. See I,OAN.
homeless shelter. See SHELTER.
home loan bank. See FEDERAL HOME LOAN BANK.
home office. 1. A corporation's principal office or head
quarters. 2. (cap.) In England, the Department of the
Secretary of State for Home Affairs, responsible for
overseeing the internal affairs of the country.
homeowners' association. See ASSOCIATION.
homeowner's equity loan. See LOAN.
homeowner's insurance. See INSURA::--lCE.
homeowner's policy. See INSURANCE POLICY.
Home Owners Warranty. A warranty and insurance
program that, among other coverage, insures a new
home for ten years against major structural defects.
_ The program was developed by the Home Owners
Warranty Corporation, a subSidiary ofthe National
Association of Home Builders. Builders often provide
this type of coverage, and many states provide similar
warranty protection by statute. Also spelled Home
Owners' Warranty. -Abbr. HOW. [Cases: Antitrust
and Trade Regulation C=>208.]
home port. See PORT.
home-port doctrine. Maritime law. The rule mandat
ing that a vessel engaged in interstate and foreign

802 home rule
commerce is taxable only at its home port, usu. where
the vessel is registered. [Cases: Taxation C:=>2212.J
home rule. (1860) A state legislative provision or action
allocating a measure of autonomy to a local govern
ment, conditional on its acceptance ofcertain terms.
Cf. LOCAL OPTION. [Cases: Municipal Corporations
(;:::::65.]
"Home rule in the United States was sometimes envisioned
in its early days as giving the cities to whom such rule was
granted full-fledged sovereignty over local affairs, thus
bringing about dual state and local sovereignty along the
national plan of federal and state governments. But such
local sovereignty has never delleloped, nor have any clear
cut distinctions between state and local power." Osborne
M. Reynolds Jr., Handbook of Local Government Law  35,
at 96 (1982).


ne
M. Reynolds Jr., Handbook of Local Government Law  35,
at 96 (1982).
home-rule charter. See CHARTER (2).
homestall. Rist. Homestead.
home state. Family law. L 'Ihe state where a person is
domiciled. 2. In an interstate child-custody dispute
governed by the Uniform Child Custody Jurisdiction
and Enforcement Act, the state where a child has lived
with a parent or a person acting as a parent for at least
six consecutive months immediately before the pro
ceeding.lCases: Child CustodyC~'736.J
home-state jurisdiction. See rURISDICTION.
homestead. (bef. 12c) 1. The house, outbuildings, and
adjoining land owned and occupied by a person or
family as a residence. -As long as the homestead does
not exceed in area or value the limits fixed by law, in
most states it is exempt from forced sale for collection
of a debt. Also termed homestead estate. See HOME
STEAD LAW. [Cases: Homestead <:::=:>58-89.]
business homestead. (1882) The premises on which a
family's business is located . In some states, business
homesteads are exempt from execution or judicial sale
for most kinds of debt. [Cases: Homestead
constitutional homestead. (1851) A homestead, along
with its exemption from forced sale, conferred on the
head of a household by a state constitution. -Also
termed statutory homestead; pony homestead. [Cases:
Homestead (;::">3,30.)
pony homestead. See constitutional homestead.
probate homestead. (1881) A homestead created by a
probate court from a decedent's estate for the benefit of
the decedent's surviving spouse and minor children.
-Under most statutes providing for the creation of
a probate homestead, it is exempt from forced sale
for the collection of decedent's debts. The family can
remain in the home at least until the youngest child
reaches the age of majority. Many states allow the
surviving spouse to live in the home for life. In a few
states, such as Texas, the right to a probate home
stead is constitutional. See family allowance, spousal
allowance under ALLOWANCE; HOMESTEAD LAW. Cf.
life estate under ESTATE (4). Homestead
134-153.]
statutory homestead. See constitutional homestead. 2. A surviving spouse's right of occupying the family
home for life . In some states, the right is extended
to other dependents ofa decedent. [Cases: Homestead
140-143.]
homesteader. (1872) One who acquires or occupies a
homestead. [Cases: Homestead C:=> 16-29; Public Lands
C:~'35.J
homestead estate. See HOMESTEAD.
homestead exemption. See HOMESTEAD LAW.
homestead-exemption statute. See HOMESTEAD LAW.
homestead law. (1847) A statute exempting a home
stead from execution or judicial sale for debt, unless
all owners, usu. a husband and wife, have jointly mort
gaged the property or otherwise subjected it to credi
tors' claims. -Also termed homestead exemption;
homestead-exemption statute; homestead right. [Cases:
Homestead C:=> 1, lIB.]
"Almost all states also have legislative provisions,
commonly referred to as homestead laws, designed to
protect the family home from the reach of certain classes
of creditors.... The protection afforded by an exemption
statute is not absolute. A federal tax claim may be satisfied
from 'exempt property.' A number of states make Similar
exceptions for state taxes, claims for alimony and child
support, materialmen and mechanics' liens. By statute in
most states, case law in others, purchase money mort
gages and security interests are generally not affected by
an exemption statute." David G. Epstein & Steve H. Nickles,
Consumer Law in a Nutshell 384-85 (2d ed. 1981).
homestead right. See HOMESTEAD LAW.
home-study report. Family law. A summary ofan inves
tigation into a child's home, family environment, and
background, usu. prepared by a social worker when a
child has been removed from his or her home because of
abuse or neglect, but also prepared after a similar inves
tigation of the home of potential adoptive parents.
Often shortened to home study. Also termed custody
evaluation; social study. [Cases: Infants G:::>20B.J
home-style exemption. Copyright. A provision in the u.s. Copyright Act allOWing for the public airing of
radio and television broadcasts in public-accommo
dation establishments, such as bars and restaurants,
with immunity from liability for infringement.  The
exemption is so named because the equipment used for
the airing must be a single receiver ofthe type typically
found in homes. 17 USCA  l10(5). [Cases: Copyrights
and Intellectual Property C:=>67.1.]
homicide (hom-J-Sld), n. (14c) 1. The killing of one
person by another. [Cases: Homicide C:=>500.] 2. A
person who kills another. -homicidal, adj.
"The legal term for killing a man, whether lawfully or
unlawfully, is 'homicide.' There is no crime of 'homicide.'
Unlawful homicide at common law comprises the two
crimes of murder and manslaughter. Other forms of
unlawful homiCide have been created by statute: certain
new forms of manslaughter (homicide with diminished
responsibility, and suicide pacts), infanticide, and causing
death by dangerous drilling." Glanville Williams, Textbook
ofCriminal Law 204 (1978).
criminal homicide. (I850) 1. Homicide prohibited and
punishable by law, such as murder or manslaughter.

[Cases: Homicide C=>525, 656.] 2. The act of pur
posely, knowingly, recklessly, or negligently causing
the death ofanother human being. Model Penal Code
 210.1.
"Criminal homicide is everywhere divided into categories
that reflect the historical distinction in English law between
murder and manslaughter. American statutory formations
have varied the terminology and the precise classifications;
many statutes create more than two forms of criminal
homicide, for purposes of definition and/or punishment.
These variations notwithstanding, it is usually possible to
discern a category that corresponds to the common-law
crime of murder, the paradigm of which is a deliberate
killing without legal justification or excuse, and a category
that corresponds to the common-law crime of manslaugh
ter and comprises killings that either are committed in cir
cumstances which substantially mitigate their intentional
aspect or are not intentional. In common speech as well
as in the law, murder refers to the most serious criminal
homicides, and manslaughterto those that may be serious
crimes for which a substantial penalty is imposed but lack
the special gravity of murder: Lloyd L. Weinreb, "Homicide:
Legal Aspects," in 2 Encyclopedia ofCrime and justice 855,
857 (Sanford H. Kadish ed., 1983).
criminally negligent homicide. See negligent
homicide.
culpable homicide. Scots law. A wrongful act that
results in a person's death but does not amount to
murder. Cf. MANSLAUGHTER.
excusable homicide. (18c) 1. Homicide resulting from
a person's lawful act, committed without intention
to harm another. [Cases: Homicide C=>750.] 2. See
justifiable homicide (1).
felonious homicide. (18c) Homicide committed unlaw
fully, without legal justification or excuse. -This is
the category into which murder and manslaughter
falL
homicide by abuse. (1989) Homicide in which the per
petrator, under circumstances showing an extreme
indifference to human life, causes the death of the
perpetrator's dependent -usu. a child or mentally
retarded person. [Cases: Homicide C=>533.]
homicide by misadventure. See ACCIDENTAL KILLING.
homicide per infortunium (par in-for-t[y]oo-nee-am).
[Latin "homicide by misfortune"] (1856) The uninten
tional killing ofanother while engaged in a lawful act;
ACCIDENTAL KILLING. See PER INFORTUNIUM. [Cases:
Homicide C=>762.]
innocent homicide. (1884) Homicide that does not
involve criminal guilt.
justifiable homicide. (18c) 1. The killing of another
in self-defense when faced with the danger ofdeath
or serious bodily injury. -Also termed excusable
homicide. See SELF-DEFENSE (1). 2. A killing mandated
or permitted by the law, such as execution for a capital
crime or killing to prevent a crime or a criminal's
escape. [Cases: Homicide C=>752-756.]
"It should be noted that a justifiable homicide is not
criminal, since it is a killing which the law has either com
manded or permitted: the actus in such a case is not legally
punishable, and therefore we may perhaps say that it is an
actus of killing which is not reus. As we shall see in most cases ofjustifiable homicide the killing is intentional, and
therefore the mental element of criminal responsibility
is clearly present: but there is no cri me com mitred since
there is no actus reus." J,W. Cecil Turner, Kenny's Outlines
ofCriminal Law 109 (16th ed. 1952).
"English lawyers once distinguished between 'excusable'
homicide (e.g. accidental non-negligent killing) and 'justifi
able' homicide (e.9-killing in self-defence or in the arrest
of a felon) and different legal consequences once attached
to these two forms of homicide. To the modern lawyer this
distinction has no longer any legal importance: he would
simply consider both kinds of homicide to be cases where
some element, negative or positive, required in the full
definition of criminal homicide (murder or manslaughter)
was lacking. But the distinction between these two differ
ent ways in which actions may fail to constitute a criminal
offence is still of great moral importance. Killing in self
defence is an exception to a general rule making killing
punishable; it is admitted because the policy or aims which
in general justify the punishment of killing (e.g. protection
of human life) do not include cases such as this. In the case
of 'justification' what is done is regarded as something
which the law does not condemn, or even welcomes." H.L.A.
Hart, "Prolegomenon to the Principles of Punishment," in
Punishment and Responsibility I, 13 (1968).
negligent homicide. (1859) Homicide resulting from
the careless performance of a legal or illegal act in
which the danger of death is apparent; the killing ofa
human being by criminal negligence. Also termed
criminally negligent homicide. See criminal negligence
under NEGLIGENCE. [Cases: Homicide C:~)708.1
"There is no common-law offense known as 'negligent
homicide.' As a matter of the common law of crimes
any killing below the grade of manslaughter is innocent
homicide. Some of the new penal codes have a classifica
tion scheme which (omitting degrees or other variations)
divides criminal homicide into murder, manslaughter
and criminally negligent homicide -or simply negligent
homicide. For the most part, however, this has been
achieved by removing from manslaughter the offense of
homicide by criminal negligence and using this to consti
tute the newly named offense. Thus, though there are a
few exceptions, most states will have no homicide offense
which would be below common-law manslaughter." Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 116-17 (3d
ed. 1982).
nonfelonious homicide. A killing that is legally either
excusable or justifiable. See excusable homicide; jus
tifiable homicide.
reckless homicide. (1866) The unlawful killing of
another person with conscious indifference toward
that person's life. Cf. MANSLAUGHTER. [Cases:
Homicide C=>709.]
vehicular homicide. (1952) The killing of a person as
a result of the unlawful or negligent operation of a
motor vehicle. Also termed automobile homicide.
[Cases: Automobiles C=>342.1.]
victim-precipitated homicide. 1. See suicide-by-cop
under SUICIDE. 2. A killing provoked by the victim
who conSciously intended to die at the hands of
another person. _ This term applies loosely to any
assisted suicide. Unlike most types of homicide, the
victim bears some ofthe responsibility for causing
his or her own death.
willful homicide. (1860) The act ofintentionally causing
a person's death, with or without legal justification.

homicidium (hom+sI-dee-"m), n. [Latin "felling of a
person") Homicide.
homicidium ex casu (eks kay-s[y)oo). Homicide by
accident. See ACCIDENTAL KILLING.
homicidium ex justitia (eks j"s-tish-ee-,,). Homicide in
the administration of justice, or in the carrying out
ofa legal sentence. See justifiable homicide (2) under
HOMICIDE.
homicidium ex necessitate (eks nd-ses-i-tay-tee).
Homicide from inevitable necessity, such as protect
ing one's person or property. See justifiable homicide
(I


Homicide from inevitable necessity, such as protect
ing one's person or property. See justifiable homicide
(I) under HOMICIDE.
homicidium ex voluntate (eks vol-dn-tay-tee). Volun
tary or willful homicide. See criminal homicide under
HOMICIDE.
homicidium in rixa (hom-a-sI-dee-dm in rik-s<l). [Law
Latin] Scots law. Homicide committed in the course
ofa brawl.
"Homicidium in rixa .... Such crime amounts only to
culpable homicide, and the pUnishment being in the dis
cretion of the judge, varies according to the particular
circumstances of each case. It is not punished capitally,
because this crime lacks the previous malice essential to
the crime of murder." John Trayner, Trayner's Latin Maxims
244 (4th ed. 1894).
hominatio (hom-a-nay-shee-oh), n. [Law Latin] Hist.
HOMAGE.
homine capto in withernamium (hom-d-nee kap-toh in
with-ar-nay-mee-dm). [Law Latin "for taking a man in
withernam"] Hist. A writ for the arrest ofa person who
had taken a bondman out of the country to prevent a
replevy. See WITHERNAM.
homine replegiando (hom-a-nee ri-plee-jee-an-doh).
[Law Latin "for replevying a man") Rist. A writ to
replevy a man out of prison, or out of the custody of a
private person.
homines (hom-a-neez), n. [Latin "men"] Hist. Feudal
tenants entitled to have their causes and other matters
tried only in their lord's court. See HOMO.
homines ligii (II-jee-I). [Latin] Hist. Liege men; feudal
tenants or vassals, esp. those who held immediately
of the sovereign.
homiplagium (hom-a-play-jee-am), n. [Law Latin] Hist.
The maiming ofa person.
hommes de fief (awm da feef), n. [French "men of the
fief"] Hist. Feudal tenants; peers in the lords' courts.
Also termed hommes feodaux.
homo (hoh-moh), n. [Latin] Hist. 1. A male human. 2. A
homo sapiens; a human being of either sex. 3. A slave.
4. A vassal; a feudal tenant. 5. A retainer, dependent,
or servant. PI. homines. See HOMINES.
homo alieni juris (ay-Iee-or al-ee-ee-m joor-is). See
FILIUSFAMILIAS.
homo chartularius (kahr-cha-Iair-ee-as). A slave man
umitted by charter. homo commendatus (kom-dn-day-t<ls). A man who
commends himself into another's power for protec
tion or support.
homo ecclesiasticus (e-klee-z[hlee-as-ti-kas). A church
vassal; one bound to serve a church, esp. in an agri
cultural capacity.
homo exercitalis (eg-zi3r-sh,,-tay-lis). A man of the
army; a soldier.
homo feodalis (fyoo-day-lis). A fee man; a vassal or
tenant who holds a fee.
homo fiscalis (fis-kay-lis). A servant or vassal belong
ing to the treasury (jiscus). Also termed homo fis
calinus.
homo francus (frangk-as). 1. In England, a freeman.
2. A Frenchman.
homo ingenuus (in-jen-yoo-as). A free and lawful man;
a yeoman.
homo tiber (II-bar). 1. A free man. 2. A freeman lawfully
competent to be a juror. 3. An allodial proprietor, as
distinguished from a feudal tenant. See ALLODIAL.
homo ligius (II-jee-as). A liege man, esp. the vassal of
a king.
homo novus (noh-vas). 1. A new tenant or vassal; one
invested with a new fee. 2. A tenant pardoned after
being convicted of a crime.
homo pertinens (p;lr-ta-nenz). A feudal bondman or
vassal; one belonging to the soil.
homo regius (ree-jee-as). A king's vassal.
homo Romanus (rd-may-nas). A Roman . A term used
in Germanic law codes to describe the Roman inhab
itants ofGaul and other former Roman provinces.
homo sui juris (S [y] 00-1 joor-i8). See PATERFAMILIAS.
homo trium litterarum (trI-"m lit-a-rair-am). [Latin
"a man ofthree letters") A thief.  The "three letters"
refers to f, u, and r, for the Latin word fur ("thief").
homologacion. See HOMOLOGATION.
homologare (hom-a-Ia-gair-ee), vb. [Law Latin] Civil
law. 1. To confirm or approve; to consent or assent. 2.
To confess.
homologate (ha-mol-a-gayt), vb. Civil law. To approve or
confirm officially <the court homologated the sale>.
homologation (ha-mol-a-gay-sh<ln). Civil law. 1. Con
firmation, esp. of a court granting its approval to some
action. 2. The consent inferred by law from a party's
failure, for a ten-day period, to complain of an arbi
trator's sentence, of an appointment of a syndic (or
assignee) of an insolvent, or of a settlement ofsucces
sions. 3. A judge's approval of certain acts and agree
ments to render them more readily enforceable. Also
termed (in Spanish law) homologacion (oh-moh-Ioh
gah-syohn). See judgment homologating the tableau
under JUDGMENT.
homologous artificial insemination. See artificial
insemination by husband under ARTIFICIAL INSEMI
NATION.

homosexual marriage. See same-sex marriage under
MARRIAGE (1).
Hon. abbr. HONORABLE.
honest claim. See nAIM (3).
honeste vivere ([h]J-nes-tee VI-VJ-ree). [Latin] Roman
law. To live honorably. _ Ihis was one of the three
general precepts in which Justinian expressed the
requirements of the law. Cf. ALTERliM NON LAEDEREj
S1.JDM CUIQUE TRIBUERE.
honest-services doctrine. See INTANGIBLE-RIGHTS
DOCTRINE.
honesty clause. See FULL-REPORTING CLAUSE (1).
honesty defense. See DEFENSE (1).
honor, n. (l3c) 1. In the United States, a courtesy title
given to judges and certain other public officials. 2.
(usu. pl.) In England, those dignities or privileges,
degrees of nobility, knighthood, and other titles that
flow from the Crown. 3. Hist. In England, a seigniory
of several manors held under one baron or lord para
mount.
honor, vb. (l3c) 1. To accept or pay (a negotiable instru
ment) when presented. [Cases: Banks and Banking (;::;:>
140(3); Bills and Notes ~24, 388,428.] 2. To recog
nize, salute, or praise.
Honorable. (I5c) A title of respect given to judges,
members of the U.S. Congress, ambassadors, and the
like <The Honorable Ruth Bader Ginsburg>. -Abbr.
Hon.
honorable discharge. See DISCHARGE (8).
honorable-engagement clause. Reinsurance. An arbi
tration provision in a reinsurance contract allowing
the arbitrators to view the reinsurance arrangement
reasonably -in line with the agreement's general
purposes rather than strictly according to the rules
oflaw or an unduly technical interpretation of contrac
tuallanguage. [Cases: Insurance (;:::;)3626.]
honorarium (on-J-rair-ee-Jm), n. (17c) 1. A payment of
money or anything else of value made to a person for
services rendered for which fees cannot legally be or are
not traditionally paid. 2. A voluntary reward for that
for which no remuneration could be collected by law;
a voluntary donation in consideration of services that
admit of no compensation in money. 3. Roman law. A
gratuitous payment, esp. for professional services, as
distinguished from compensation for physical labor.
PI. honoraria; honorariums. Cf. MERCES.
honorary, adj. (I6c) (Of a title or status) conferred in rec
ognition ofmerit or service, but without the attendant
rights, powers, or dutiesj nominal <honorary member>.
-An honorary title or status may be granted without
regard to whether the honoree ever held the title or
status in fact. The honorarv title conferred on a former
officer who has honorably retired from office is often
"emeritus" or "emerita." See EMERITUS.
honorary canon. See CANON (5). honorary feud. Hist. In England, a title of nobility
descending to the eldest son only. See FEUD (1)-(3).
honorary services. Hist. Special services rendered to the
king by a person holding tenure of grand serjeanty.
The services usu. consisted of carrying the royal banner
or sword, or serving at the king's coronation as a butler,
as a champion, or in some other capacity.
honorary trust. See TRUST.
honor crime. See CRIME.
honor killing. See honor crime under CRIME.
hooligan. 1. An unruly or mischievous person who
causes trouble; a street-gang member. -This term is
often associated with boisterous fans of British sporting
events. 2. See HOOLIGAN TOOL.
hooligan tool. A steel bar used by police officers and fire
fighters to break open doors or windows. -Sometimes
shortened to hooligan. Also termed halligan tool.
horae juridicae (hor-ee juu-rid-i-see), n. pI. [Latin] Hist.
Juridical hours. -The time during which judges sat
in court to attend to judicial business. Also termed
horae judicii (hor-ee joo-dish-ee-ee).
horea (or-kah), n. Spanish law. 1. A gallows. 2. A stick for
administering corporal punishment. 3. A deSignated
place for administering corporal punishment.
hordera (hor-deer-::I), n. [Law Latin] Hist. In England, a
treasurer. -Also termed hordarius (hor-dair-ee-Js).
horderium (hor-deer-ee-::Im), n. [Law Latin] Hist. In
England, a hoard, treasury, or repOSitory.
horizontal agreement. See horizontal restraint under
RESTRAINT OF TRADE.
horizontal competition. See COMPETITION.
horizontal equality. In per capita distribution of an
estate, parity of distribution among members of
the same generation. See PER CAPITA. Cf. VERTICAL
EQUALITY.
horizontal-gaze nystagmus test (nis-tag-mJs). (1985)
Criminal law. A field-sobriety test for intoxication, in
which the suspect is told to focus on an object (such
as a pencil) and to track its movement, usu. from side
to side, by moving only the eyes. -Intoxication is
indicated if the eyes jerk or twitch while tracking the
object. -Abbr. HGN test. [Cases: Automobiles ~
411.1
horizontal integration. See horizontal merger under
MERGER.
horizontal merger. See MERGER.
horizontal nonprivity. See NONPRIVITY.
horizontal price-fixing. See PRICE-FIXING.
horizontal privity. See PRIVITY.
horizontal-property act. A statute dealing with coop
eratives and condominiums.
horizontal restraint. See RESTRAINT OF TRADE.
horizontal stare decisis. See STARE DECISIS.
horizontal union. See craft union under UNION.

hornbook. (16c) 1. A book explaining the basics of a
given subject. 2. A textbook containing the rudimen
tary principles ofan area oflaw. Cf. CASEBOOK.
"Hornbook . .. The first book of children, covered with horn
to keep it unsoiled." Samuel Johnson, A Dictionary of the
English Language (1755).
hornbook law. See BLACKLETTER LAW.
hornbook method. (1895) A method oflegal instruction
characterized by a straightforward presentation oflegal
doctrine, occasionally interspersed with questions .
The hornbook method predominates in civil-law coun
tries, and in certain fields oflaw, such as procedure and
evidence. -Also termed lecture method. Cf. CASEBOOK
METHOD; SOCRATIC METHOD.
horning, n. Hist. Scots law. 'Lhe denunciation ofa person
as an outlaw. The term comes from the old ceremony
of proclaiming a person outlawed in which the king's
messenger gave three blasts on a horn. Also termed
putting to the horn.
horn tenure. 1. See CORNAGE (1).2. See CORNAGE (2).
hors (or). [French]l. Out or out of. 2. Outside or outside
of.
hors de son fee (or d" son fee), n. [French "out ofhis fee"]
Hist. A defensive plea in an action for rent or services by
which the defendant alleged that the land in question
was outside the plaintiff's fee.
horse case. See WHITEHORSE CASE.
horsehead. See PUMPING UNIT.
horseshedding, n. (1931) The instructing of a witness
favorable to one's case (esp. a client) about the proper
method of responding to questions while giving testi
mony. -Also termed woodshed


(esp. a client) about the proper
method of responding to questions while giving testi
mony. -Also termed woodshedding. Cf. SANDPAPER
ING. horseshed, vb.
hospitalaria. See HOSTILARIA.
Hospitallers (hos-pi-t"l-arz). A military and religiOUS
order founded in the 11th century and so called because
it built a hospital at Jerusalem to care for pilgrims .
The Crown seized all its lands and goods in England
under the Grantees ofReversions Act (1540). The Hos
pitallers still functions in several countries as a human
itarian society.
hospital lien. See LIEN.
hospitator (hos-p"-tay-t,,r), n. [Law Latin] A host or
entertainer.
hospitatorcommunis (b-myoo-nis). A common inn
keeper.
hospitator magnus (mag-nas). The marshal ofa camp.
hospitia (hah-spish-ee-a), n. [Latin] Inns.
hospitia cancellariae (kan-sa-Iair-ee-I). Inns of
chancery.
hospitia communia (b-myoo-nee-a). Common inns.
hospitia curiae (kyoor-ee-I). Inns ofcourt.
hospiticide (hah-spit-,,-sld), n. (l7e) 1. The murder ofa
host by a guest. 2. A host who murders a guest. hospitium (hah-spish-ee-am), n. [Latin] An inn; a house
hold.
hostage. (l3c) 1. An innocent person held captive by
another who threatens to kill or harm that person if
one or more demands are not met.  Hostage-taking
is a federal crime. 18 USCA  1203. Cf. KIDNAPPING.
2. Int'llaw. A person who is given or taken into an
enemy's custody, in time ofwar, with his or her freedom
or life to stand as security for the performance ofsome
agreement made to the enemy by the belligerent power
giving the hostage. [Cases: War and National Emer
gency C=> 11.]
hostelagium (hos-ta-Iay-jee-"m), n. [Law Latin] Hist. A
right to receive lodging and entertainment, anciently
reserved by lords in their tenants' houses.
hosteler (hos-ta-Iar). (14c) 1. A person who stays in a
youth hostel. 2. A stableman. 3. Archaic. A person who
receives and entertains guests, esp. at a monastery. 4.
Archaic. An innkeeper. See HOSTLER.
hostes (hos-teez), n. pl. [Latin] Enemies. Sing. hostis
(hos-tis).
hostes humani generis (hyoo-may-m jen-a-ris).
Enemies ofthe human race; specif., pirates.
hosticide (hos-t,,-SId), n. (1848) 1. The killing of an
enemy. 2. A person who kills an enemy.
hostilaria (hos-ta-Iair-ee-,,), n. [Latin] A place or room
in a religiOUS house used to receive guests and strang
ers. -Also termed hospitalaria (hos-p,,-t,,-ler-[ee-]
a).
hostile, adj. (16c) 1. ADVERSE. 2. Showing ill will or a
desire to harm. 3. Antagonistic; unfriendly.
hostile act. See ACT OF HOSTILITY.
hostile amendment. See AMENDMENT (3).
hostile bidder. See CORPORATE RAIDER.
hostile embargo. See EMBARGO (1).
hostile-environment sexual harassment. See SEXUAL
HARASSMENT.
hostile possession. See POSSESSION.
hostile propaganda. See PROPAGANDA.
hostile takeover. See TAKEOVER.
hostile witness. See WITNESS.
hostility. (lSc) 1. A state ofenmity between individuals
or nations. 2. An act or series ofacts displaying antago
nism. 3. (usu. pl.) Acts ofwar.
hostler ([h]os-lar). [fro hosteler] (l4c) Archaic. L A stable
man; an ostler. 2. An innkeeper . By the 16th century,
this term had lost its "innkeeper" sense, and referred
exclusively to a stableman.
hot bench. See BENCH.
hot blood. See HEAT OF PASSION.
hot cargo. (1938) Labor law. Goods produced or handled
by an employer with whom a union has a dispute.
hot-cargo agreement. (1957) Labor law. A voluntary
agreement between a union and a neutral employer by

807
which the latter agrees to exert pressure on another
employer with whom the union has a dispute, as by
ceasing or refraining from handling, using, selling,
transporting, or otherwise dealing in any of the
products of an employer that the union has labeled as
unfair. -Most agreements ofthis type were prohibited
by the Landrum-Griffin Act of 1959. See LANDRUM
GRIFFIN ACT.
hot check. See bad check under CHECK.
hotchpot (hoch-pot), n. (16c) 1. The blending ofitems of
property to secure equality ofdivision, esp. as practiced
either in cases ofdivorce or in cases in which advance
ments of an intestate's property must be made up to the
estate by a contribution or by an accounting. Also
termed hotchpotch; hotchpot rule. [Cases: Descent and
Distribution ~108; Wills ~762.J
"In some states ... a child who has received his advance
ment in real or personal estate, may elect to throw the
amount of the advancement into the common stock, and
take his share of the estate descended, or his distributive
share of the personal estate, as the case may be: and this
is said to be bringing the advancement into hotchpot, and
it is a proceeding which resembles the collatio bonorum
in the civil law." 4 James Kent, Commentaries on American
Law"419 (George Comstock ed., 11th ed. 1866).
"[TJhe distribution of the property among the children is
subject to what is called the hotchpot rule, the purpose of
which is to ensure that the shares of all the children shall
be equal. The rule is that any money or property which
the intestate has paid to, or settled on, or covenanted to
settle on a child, either by way of advancement or in view
of marriage, shall be brought into account and deducted
from the share which is payable to that child under the
intestacy." G.c. Cheshire, Modern Law of Real Property
783-84 (3d ed. 1933).
2. In a community-property state, the property that
falls within the community estate. See COLLATIO
BONORUM. 3. MAIN POT.
hot court. See CO'C'RT.
hot document. See DOC'C'MENT.
hotel divorce. See DIVORCE.
hotelkeeper. See INNKEEPER.
hotelkeeper's lien. See LIEN.
hot issue. See ISSUE (2).
hot news. Intellectual property. Extremely time-sensitive
or transient information that is usu. reliable for very
brief periods, such as stock quotations.
hot-news test. Intellectual property. A judicial test for
determining whether a misappropriation claim is pre
empted by the Sears-Compeo doctrine, consisting in
analyzing whether, in addition to the elements ofcopy
right infringement, the claim also requires proof of (1)
time-sensitive information collected at a cost to the
plaintiff, (2) unfair use of that information by a directly
competing defendant who has made no similar invest
ment, and (3) a consequent threat to the plaintiff's com
mercial existence.
hot-potato rule. The principle that a lawyer may not
unreasonably withdraw from representing a client. _
The term comes from the rule's classic formulation: house bill
"a firm may not drop a client like a 'hot potato: espe
cially if it is in order to keep happy a far more lucra
tive client." Picker Int'l, Inc. v. Varian Assocs., Inc., 670
F. Supp. 1363, 1365 (N.D. Ohio 1987). An exception
may be allowed for a conflict of interest arising from
circumstances beyond the control ofthe lawyer or the
law firm. See thrust-upon conflict under CONFLICT OF
INTEREST. [Cases: Attorney and Client (::::>20.]
hot pursuit. (ISc) 1. See FRESH PURSUIT. 2. Int'llaw. The
legitimate chase ofa foreign vessel on the high seas just
after that vessel has violated the law of the pursuing
country while within that country's jurisdiction.
hot stock. See hot issue under ISSUE (2).
hot-water ordeal. See ordeal by water (2) under ORDEAL.
hour of cause. Scots law. The time at which a trial is to
begin.
housage (howz-ij). 1. A fee for storing goods. 2. The state
ofbeing housed or the action ofhousing.
house. (bef. 12c) 1. A home, dwelling, or residence.
ancient house. Hist. In England, a house that has stood
long enough to acquire an easement of support against
the adjoining land or building.
bawdy house. See DISORDERLY HOUSE (2).
disorderly house. See DISORDERLY HOUSE.
dwelling-house. See DWELLING-HOUSE.
house ofcorrection. 1. A reformatory. 2. A place for
the confinement of juvenile offenders or those who
have committed crimes oflesser magnitude. Also
termed house ofrefuge. [Cases: Infants ~271.1
house ofdetention. See JA I L.
house ofillfame. 1. See BROTHEL. 2. See DISORDERLY
HOUSE (2).
house ofprostitution. See DISORDERLY HOUSE (2).
house ofrefuge. See house ofcorrection.
house ofworship. A building or place set apart for and
devoted to the holding of religious services or exer
cises or public worship; a church or chapel, or a place
similarly used. [Cases: ReligiOUS Societies ~15.]
public house. See PUBLIC HOUSE.
2. A branch of a legislature or a quorum of such a
branch; esp., the lower chamber of a bicameral legis
lature. 3. HOUSE OF REPRESENTATIVES. 4. HOUSE OF
DELEGATES (1).
houseage (howz-ij). A fee paid for housing goods, as by
a carrier or at a wharf.
house arrest. (1936) The confinement of a person who
has been accused or convicted of a crime to his or her
home, usu. by attaching an electronically monitored
bracelet to the person. _ Most house-arrest programs
require the offender to work and permit leaVing the
home only for reasons such as work, medical needs, or
community-service obligations. [Cases: Sentencing and
Punishment ~2047.1
house bill. See BILL (3).

housebote 808
housebote. See BOTE (1).
housebreaking. (17c) The crime of breaking into a
dwelling or other secured building, with the intent to
commit a felony inside; BURGLARY . Burglary is now
used more frequently than housebreaking. In England,
for example, housebreaking was replaced in 1968 with
statutory burglary, though the term is still used in Scots
law. In some jurisdictions, housebreaking includes
"breaking out" of a house that was entered without a
breaking. [Cases: Burglary 1.] -housebreaker,
n.
"The oldest term for this purpose [i.e., of distinguishing
between common-law burglary and its statutory enlarge
ments], still encountered at times, is 'housebreaking'; a
more recent suggestion is 'breaking and entering,' and
peace officers sometimes speak of a 'breakin,''' Rollin
M. Perkins & Ronald N. Boyce, Criminal Law 270 (3d ed.
1982).
constructive housebreaking. A breaking made out by
construction oflaw, as when a burglar gains entry by
threat or fraud. -Also termed constructive breaking
into a house. [Cases: Burglary
houseburning. The common-law misdemeanor of inten
tionally burning one's own house that is within city
limits or that is close enough to other houses that they
might be in danger of catching fire (even though no
actual damage to them may result). -Also termed
combustio domorum. Cf. ARSON. [Cases: Arson
2.]
house counsel. See in-house counsel under COUNSEL.
house-duty. Hist. English law. A tax first imposed in 1851
on inhabited houses. 14 & 15 Viet., ch. 36 (repealed
1924). This tax replaced the window tax, which levied
a duty on houses with more than six windows. See
window tax under TAX.
household, adj. Belonging to the house and family;
domestic.
household, n. (14c) I. A family living together. 2. A
group of people who dwell under the same roof. Cf.
FAMILY. 3. The contents of a house.
householder. (14c) 1. A person who keeps house with
his or her family; the head or master of a family. 2. A
person who has a household. 3. An occupier of a house.
Cf. HEAD OF HOUSEHOLD. -householdership, n.
household goods. See GOODS.
house law. Hist. A regulatory code promulgated by
the head of a royal or noble family, or of a prominent
private family, governing intrafamily relationships and
acts concerning events such as marriage, disposition
of property, and inheritance . Such a code had no
legal authority but was enforced within the family by
personal and economic sanctions.
house mark. See house trademark under TRADEMARK.
house of assignation. See DISORDERLY HOUSE (2).
House of Commons. The lower chamber of the British
and Canadian parliaments. -Abbr. H.C.