with no security interest reserved, or if the seller acquired
a security interest after installation of the goods, then the
financer of the vehicle should prevail." Ray D. Henson,
Handbook on Secured Transactions Under the Uniform
Commercial Code  4-22, at 93 (2d ed. 1979).
7. The physical uniting of goods with other goods in
such a manner that the identity ofthe original goods is
not lost. UCC  9-102(a)(I). 8. ACCESSORYSHIP.
access order. See VISITATION ORDER.
accessorial (ak-s;}-sor-ee-;}l), adj. 1. (Of a promise) made
for the purpose of strengthening another's credit <an
accessorial pledge by way of guaranty>. -Also termed
accessory. 2. Criminal law. Of or relating to the acces
sory in a crime <accessorial guilt>. [Cases: Criminal
Law C=;>68-77.]
accessorial obligation. See COLLATERAL OBLIGATION.
accessory (ak-ses-;}-ree), n. (15c) 1. Something of sec
ondary or subordinate importance. 2. Criminal law. A
person who aids or contributes in the commission or
concealment of a crime . An accessory is usu. liable
only if the crime is a felony. Cf. PRINCIPAL (2). [Cases:
Criminal LawC=;>68-77; HomicideC=;>573.]- acces
sory, adj. -accessoryship, n.
"In most jurisdictions, the common-law distinctions
between principals and accessories have largely been
abolished, although the pertinent statutes vary in form
and substance. Conceptually, the common-law pattern
remains the same: The person who aids, abets, commands,
counsels, or otherwise encourages another to commit a
crime is still regarded as a party to the underlying crime

16 accessory building
as at common law, even though the labels principal in the
first degree, principal in the second degree, and accessory
before the fact are no longer used, and even though it
usually does not matter whether the aider and abettor is or
is not present at the scene ofthe crime." 1 Charles E. Torcia,
Wharton'S Criminal Law  35, at 202-03 (l5th ed. 1993).
accessory after the fact. (I7c) An accessory who was
not at the scene of the crime but knows that a crime
has been committed and who helps the offender try
to escape arrest or punishment. 18 USCA  3. -Most
penal statutes establish the folloWing four require
ments: (1) someone else must have committed a
felony, and it must have been completed before the
accessory's act; (2) the accessory must not be guilty as
a principal; (3) the accessory must personally help the
principal try to avoid the consequences of the felony;
and (4) the accessory's assistance must be rendered
with guilty knowledge. An accessory after the fact
may be prosecuted for obstructing justice. -Some
times shortened to accessory after. [Cases: Criminal
Law (>74, 82.]
"At common law, an accessory after the fact is one who,
knowing that a felony has been committed by another,
receives, relieves, comforts, or assists the felon, or in any
manner aids him to escape arrest or punishment. To be
guilty as an accessory after the fact one must have known
that a completed felony was committed, and that the
person aided was the guilty party. The mere presence of
the defendant at the scene of the crime will not preclude
a conviction as an accessory after the fact, where the
evidence shows the defendant became involved in the
crime after its commission." 21 Am. jur. 2d Criminal Law
 209, at 275-76 (1998).
accessory at the fact. See principal in the second degree
under PRINCIPAL (2).
"A principal in the second degree is one by whom the
actual perpetrator of the felony is aided and abetted at
the very time when it is committed; for instance, a car
owner sitting beside the chauffeur who kills someone by
over-fast driving, or a passenger on a dandestinejoy-riding
expedition which results in manslaughter; or a bigamist's
second 'wife,' if she knows he is committing bigamy. (In
early law he was not ranked as a principal at ali, but only
as a third kind of accessory the accessory at the fact.)"
j.W. Cecil Turner, Kenny's Outlines ofCriminal Law 86 (l6th
ed.1952).
accessory before the fact. (17c) An accessory who assists
or encourages another to commit a crime but who is
not present when the offense is actually committed.
-Most jurisdictions have abolished this category of
accessory and instead treat such an offender as an
accomplice. -Sometimes shortened to accessory
before. See ACCOMPLlCE. [Cases: Criminal Law (>
68,8l.]
"An accessory before the fact is a person who procures or
advises one or more of the principals to commit the felony.
This definition requires from him an instigation so active
that a person who is merely shown to have acted as the
stake-holder for a prize-fight, which ended fatally, would
not be punishable as an accessory. The fact that a crime
has been committed in a manner different from the mode
which the accessory had advised will not excuse him from
liability for it. Accordingly if A hires B to poison C, but B
instead kills C by shooting him, A is none the less liable as
accessory before the fact to COs murder. But a man who has
counselled a crime does not become liable as accessory
if, instead of any form of the crime suggested, an entirely different offence is committed." J.W. Cecil Turner, Kenny's
Outlines ofCriminal Law 88 (16th ed. 1952).
accessory building. See BUILDING.
accessory contract. See CONTRACT.
accessory obligation. See OBLlGATION.
accessory right. See RIGHT.
accessoryship. The status or fact ofbeing an accessory.
Also termed (loosely) accession.
accessory thing. See THING.
accessory use. See USE (1).
access to counsel. See RIGHT TO COUNSEL.
access to justice. The ability within a society to use courts
and other legal institutions effectively to protect one's
rights and pursue claims.
access-to-justice commissiou. An agency of a state's
judicial system designed to encourage the judicial,
executive, and legislative branches ofgovernment, the
bar, law schools, legal-aid providers, and others to work
together to proVide civil legal services to low-income
citizens.
accident, n. (14,) 1. An unintended and unforeseen inju
rious occurrence; something that does not occur in the
usual course of events or that could not be reasonably
anticipated. 2. Equity practice. An unforeseen and
injurious occurrence not attributable to the victim's
mistake, negligence, neglect, or misconduct; an unan
ticipated and untoward event that causes harm.
"The word 'accident,' in accident poliCies, means an event
which takes place without one's foresight or expecta
tion. A result, though unexpected, is not an accident;
the means or cause must be aCCidental. Death resulting
from voluntary physical exertions or from intentional acts
of the insured is not aCCidental, nor is disease or death
caused by the viciSSitudes of climate or atmosphere the
result of an accident; but where, in the act which precedes
an injury, something unforeseen or unusual occurs which
produces the injury, the injury results through accident."
lAjohn Alan Appleman &jean Appleman, Insurance Law
and Practice  360, at 455 (rev. vol. 1981).
"Policies of liability insurance as well as property and
personal injury insurance frequently limit coverage to
losses that are caused by 'accident.' In attempting to
accommodate the layman's understanding of the term,
courts have broadly defined the word to mean an occur
rence which is unforeseen, unexpected, extraordinary,
either by virtue of the fact that it occurred at all, or because
of the extent of the damage. An aCCident can be either a
sudden happening or a slowly evolving process like the
percolation of harmful substances through the ground.
Qualification of a particular incident as an accident seems
to depend on two criteria; 1. the degree of foreseeability,
and 2. the state of mind of the actor in intending or not
intending the result." John F. Dobbyn, Insurance Law in a
Nutshell 128 (3d ed. 1996).
culpable accident. An accident due to negligence. _ A
culpable accident, unlike an unavoidable accident,
is no defense except in those few cases in which
wrongful intent is the exclusive and necessary basis
for liability.
unavoidable accident. An accident that cannot be
avoided because it is produced by an irresistible

17
physical cause that cannot be prevented by human
skill or reasonable foresight.  Examples include acci
dents resulting from lightning or storms, perils ofthe
sea, inundations or earthquakes, or sudden illness
or death. Unavoidable accident has been considered
a means of avoiding both civil and criminalliabil
ity. Also termed inevitable accident; pure accident;
unavoidable casualty. Cf. ACT OF GOD. lCases: Auto
mobiles (::::::.201(10); Negligence (::::::-440.]
"Inevitable accident ... does not mean a catastrophe which
could not have been avoided by any precaution whatever,
but such as could not have been avoided by a reasonable
man at the moment at which it occurred, and it is common
knowledge that a reasonable man is not credited with per
fection of judgment." P.H. Winfield, A Textbook of the Law
of Tort  15, at 43 (5th ed. 1950).
"An unavoidable accident is an occurrence which was not
intended and which, under all the circumstances, could
not have been foreseen or prevented by the exercise of
reasonable precautions. That is, an accident is considered
unavoidable or inevitable at law if it was not proximately
caused by the negligence of any party to the action, or to
the accident:' W. Page Keeton et al.. The Law ofTorts  29,
at 162 (5th ed. 1984).
accidental, adj. 1. Not having occurred as a result of
anyone's purposeful act; esp., resulting from an event
that could not have been prevented by human skill or
reasonable foresight. 2. Not having been caused by a
tortious act.
accidental death. See DEATH.
accidental-death benefit. An insurance-policy provi
sion that allows for an additional payment (often double
the face amount of the policy) if the insured dies as a
result of an accident, as defined in the policy, and not
from natural causes. Abbr. ADB. [Cases: Insurance
(,'='2599.]
accidental harm. See HARM.
accidentalia (ak-si-den-tay-lee-;J). [Law Latin "accidental
things"] Hist. Incidents ofa contract; nonessential con
tractual terms to which the parties expressly stipulate.
Cf. ESSENTALIA.
"Accidentalia have their existence entirely by express stipu
lation, and are never presumed without it." William Bell,
Bel/'S Dictionary and Digest of the Law of Scotland 406
(George Watson ed., 7th ed. 1890).
accidentalia feudi (ak-si-den-tay-lee-a fyoo-dl). [Law
Latin] Hist. All nonessential terms in a feudal contract;
esp., those that are not essential to the fee (such as
building restrictions). Cf. ESSENTIALIA FEUD!.
accidental injury. See INJURY.
accidental killing. (17c) Homicide resulting from a lawful
act performed in a lawful manner under a reasonable
belief that no harm could occur. -Also termed death
by misadventure; homicide by misadventure; killing by
misadventure; homicide per infortunium. Seejustifiable
homicide under HOMICIDE; involuntary manslaughter
under MANSLAUGHTER. Cf. MALICIOUS KILLING. [Cases:
Homicide
accidental stranding. See STRANDING. accommodation
accident and health insurance. See health insurance
under INSURANCE.
accident-based insurance. See occurrence-based liability
insurance under INSURANCE.
accident insurance. See INSURANCE.
accident policy. See INSURANCE POLICY.
accidere (ak-sid-;Jr-ee), vb. [Latin] Civil law. 1. To fall
down. 2. By extension, to befall or happen to.
accipe ecclesiam (ak-si-pee e-klee-z[h]ee-;Jm). [Law
Latin]lIist. Eccles. law. Receive this church or living.
 The phrase was used by Patrons in presenting an
incumbent to a vacant parish. Trado tibi ecclesiam ("I
deliver this church [or living] to you") was also used.
Cf. TRADO TIBI ECCLESIAM.
accipere (ak-sip-;Jr-ee), vb. [Latin] Civil law. To receive;
esp., to take under a wilL
accipitare (ak-sip-;>-tair-ee), vb. [Law Latin] Hist. To pay
(a lord) in order to become a vassal; esp., to pay relief
upon succeeding to an estate.
acclamation. Parliamentary law. 1. Approval or election
by general consent, usu. demonstrated by applause or
cheering. Election by acclamation is common in large
conventions where only one candidate has been nomi
nated. 2. Voting by applause or shouting.
accola (ak-;>-[;, n. [Latin "person living nearby"] 1.
Roman law. A person who inhabits or occupies land
near a certain place, such as one who dwells near a river.
2. Hist. An agricultural tenant; a tenant of a


near a certain place, such as one who dwells near a river.
2. Hist. An agricultural tenant; a tenant of a manor.
accomenda (ak-;>-men-d;. Hist. Maritime law. A
contract between a cargo owner and a shipmas
ter whereby the parties agree to sell the cargo and
divide the profits (after dedUCting the owner's costs).
 This contract actually consists of two agreements: a
mandatum, by which the owner gives the shipmaster
the power to dispose of the cargo, and a partnership
contract, by which the parties divide any profits arising
from the sale. See MANDATE (5).
accommodated party. A party for whose benefit an
accommodation party signs and incurs liability. Cf.
ACCOMMODATION PARTY. [Cases: Bills and Notes (::::::
48,122.]
accommodation, n. (17c) 1. A loan or other financial
favor. 2. The act of signing an accommodation paper as
surety for another. See ACCOMMODATION PAPER. 3. The
act or an instance of making a change or provision for
someone or something; an adaptation or adjustment.
4. A convenience supplied by someone; esp., lodging
and food.
public accommodation. (1859) A business that provides
lodging, food, entertainment, or other services to
the public; esp. (as defined by the Civil Rights Act
of 1964), one that affects interstate commerce or is
supported by state action. [Cases: Civil Rights
1043.]
reasonable accommodation. An adaptation, adjust
ment, or allowance made for a disabled person's needs

18 accommodation acceptance
or an employee's religious beliefs or practices without
imposing an undue hardship on the party taking the
action. -Under the Americans with Disabilities Act,
an employer must make reasonable accommodations
for an employee'S disability. Examples of reasonable
accommodations that have been approved by the
courts include providing additional unpaid leave,
modifying the employee's work schedule, and reas
signing the employee to a more appropriate, vacant
position. See undue hardship under HARDSHIP. [Cases:
Civil Rights (;::::; 1020, 1162, 1225.]
accommodation acceptance. See ACCEPTANCE (4).
accommodation bill. See ACCOMMODATION PAPER.
accommodation director. See dummy director under
DIRECTOR.
accommodation indorsement. See INDORSEMENT.
accommodation indorser. See INDORSER.
accommodation land. See LAND.
accommodation line. Insurance. One or more policies
that an insurer issues to retain the business ofa valued
agent, broker, or customer, even though the risk would
not be accepted under the insurer's usual standards.
accommodation loan. See LOAK.
accommodation maker. See MAKER.
accommodation note. See NOTE (1).
accommodation paper. (18c) A negotiable instrument
that one party cosigns, without receiving any consid
eration, as surety for another party who remains pri
marily liable. -An accommodation paper is typically
used when the cosigner is more creditworthy than the
principal debtor. -Also termed accommodation bill;
accommodation note. [Cases: Bills and Notes
96.]
accommodation party. (1812) A person who, without
recompense or other benefit, signs a negotiable instru
ment for the purpose ofbeing a surety for another party
(called the accommodated party) to the instrument.
The accommodation party can sign in any capacity (Le.,
as maker, drawer, acceptor, or indorser). An accommo
dation party is liable to all parties except the accom
modated party, who impliedly agrees to pay the note or
draft and to indemnify the accommodation party for
all losses incurred in having to pay it. See SURETY. Cf.
ACCOMMODATED PARTY. [Cases: Bills and Notes
49,96, 122.]
accommodation subpoena. Seefriendly subpoena under
SUBPOENA.
accommodation surety. See voluntary surety under
SURETY.
accommodatum (d-kom-d-day-tdm), n. See COMMODA
TUM.
accompany, vb. To go along with (another); to attend.
_ In automobile-accident cases, an unlicensed driver
is not considered accompanied by a licensed driver
unless the latter is close enough to supervise and help
the former. accomplice (;l-kom-plis). (1854) 1. A person who is in
any way involved with another in the commission of
a crime, whether as a principal in the first or second
degree or as an accessory. -Although the definition
includes an accessory before the fact, not all authorities
treat this term as including an accessory after the fact.
[Cases: Criminal Law (;::::;59.]
"There is some authority for using the word 'accomplice' to
include all principals and all accessories, but the preferred
usage is to include all principals and accessories before
the fact, but to exclude accessories after the fact. If this
limitation is adopted, the word 'accomplice' will embrace
all perpetrators, abettors and inciters." Rollin M. Perkins &
Ronald N. Boyce, Criminal Law 727 (3d ed. 1982).
"A person is an 'accomplice' of another in committing a
crime if, with the intent to promote or facilitate the com
mission of the crime. he solicits, requests, or commands
the other person to commit it, or aids the other person in
planning or committing it." 1 Charles E. Torcia, Wharton'S
Criminal Law  38, at 220 (15th ed. 1993).
2. A person who knowingly, voluntarily, and intention
ally unites with the principal offender in committing
a crime and thereby becomes punishable for it. See
ACCESSORY. Cf. PRINCIPAL (2).
"By definition an accomplice must be a person who acts
with the purpose of promoting or facilitating the commis
sion of the substantive offense for which he is charged as
an accomplice. State v. White, N.J. 1984,484 A.2d 691,98
N.J. 122." Model Penal Code  2.06 annot. (1997).
accomplice liability. See LIABILITY.
accomplice witness. See WITNESS.
accompt. See ACCOUNT (1).
accord, n. (14c) 1. An amicable arrangement between
parties, esp. between peoples or nations; COMPACT;
TREATY. 2. An offer to give or to accept a stipulated per
formance in the future to satisfy an obligor's existing
duty, together with an acceptance of that offer. -The
performance becomes what is known as a satisfac
tion. -Also termed executory accord; accord execu
tory. See ACCORD AND SATISFACTION; SATISFACTION.
Cf. COMPROMISE; NOVATION. [Cases: Accord and Sat
isfaction (;::::; 1.1
"An accord is a contract under which an obligee promises to
accept a stated performance in satisfaction of the obligor's
existing duty. Performance of the accord discharges the
original duty," Restatement (Second) of Contracts  281(1)
(1979).
"The term executory accord is sometimes used to under
score the point that the accord itself does not discharge
the duty. It also reflects an historical anachronism, now
generally rejected, under which an unperformed accord
was not a defense to an action on the underlying duty."
E. Allan Farnsworth, Contracts  4.24, at 289 n.10 (3d ed.
1999).
3. A signal used in a legal citation to introduce a case
dearly supporting a proposition for which another case
is being quoted directly.
accord, vb.!. To furnish or grant, esp. what is suitable
or proper <accord the litigants a stay of costs pending
appeal>. 2. To agree <they accord in their opinions>.
accord and satisfaction. (18c) An agreement to sub
stitute for an existing debt some alternative form of

19
discharging that debt, coupled with the actual dis
charge of the debt by the substituted performance.
 The new agreement is called the accord, and the
discharge is called the satisfaction. Cf. COMPROMISE;
NOVATION; SETTLEMENT (2), (3). [Cases: Accord and
Satisfaction ~1.]
"'Accord and satisfaction' means an agreement between
the parties that something shall be given to, or done for,
the person who has the right of action, in satisfaction of
the cause of action. There must be not only agreement
('accord') but also consideration ('satisfaction'). Such an
arrangement is really one of substituted performance." 1
EW. Chance, Principles ofMercantile Law 101 (PW. French
ed., 13th ed. 1950).
accordant (;}-kor-d;mt), adj. In agreement <accordant
with these principles>.
accord executory. See ACCORD (2).
accouchement (;}-koosh-m;}nt or ak-oosh-mawn).
[French] Childbirth.
account, n. (14c) 1. ACCOUNTING (3) <the principal filed
an action for account against his agent>. -Also spelled
(archaically) accompt. [Cases: Account ~1-7]
"The action of account lies where one has received goods
or money for another in a fiduciary capacity, to ascertain
and recover the balance due. It can only be maintained
where there is such a relationship between the parties, as
to raise an obligation to account, and where the amount
due is uncertain and unliquidated." Benjamin J. Shipman,
Handbook of Common-Law Pleading  56, at 144 (Henry
Winthrop Ballantine ed., 3d ed. 1923).
2. ACCOUNTING (4) <the contractor filed an action for
account against the nonpaying customer>. 3. A state
ment by which someone seeks to describe or explain
an event <Fred's account of the holdup differed sig
nificantly from Martha's>. 4. A detailed statement of
the debits and credits between parties to a contract or
to a fidUciary relationship; a reckoning of monetary
dealings <the trustee balanced the account at the end
of each month>. In wills and estates, an account is
a brief financial statement of the manner in which an
executor or administrator has performed the official
duties ofcollecting the estate's assets and paying those
who are entitled. An account charges the executor or
administrator with the value of the estate as shown
by the inventory, plus any increase, and credits the
executor with expenses and costs, duly authorized dis
bursements, and the executor's commission. -Abbr.
acct.; ale. -Also termed accounting. See STATEMENT
OF ACCOUNT. 5. A course ofbusiness dealings or other
relations for which records must be kept <open a bro
kerage account>.
account in trust. An account established by an individ
ual to hold the account's assets in trust for someone
else. [Cases: Trusts ~34.]
account payable. (usu. pl.) (1936) An account reflecting
a balance owed to a creditor; a debt owed by an enter
prise in the normal course of business dealing.
Often shortened to payable; payables. -Also termed
note payable. PI. accounts payable. account
account receivable. (usu. pl.) (1936) An account reflect
ing a balance owed by a debtor; a debt owed by a
customer to an enterprise for goods or services.
Often shortened to receivable; receivables. -Also
termed note receivable. PI. accounts receivable.
account rendered. An account produced by the creditor
and presented for the debtor's examination and accep
tance.
account settled. An account with a paid balance.
account stated. (17c) 1. A balance that parties to a
transaction or settlement agree on, either expressly or
by implication . The phrase also refers to the agree
ment itself or to the assent giving rise to the agree
ment. [Cases: Account Stated ~1.]
"An account stated is a manifestation of assent by debtor
and creditor to a stated sum as an accurate computation
of an amount due the creditor." Restatement (Second) of
Contracts  282(1) (1979).
"If a creditor and a debtor wish to compromise or liqui
date a disputed or unliquidated debt, they may do so by
either a substituted contract or an accord. If, however, their
agreement is in the nature of a computation, it is called an
account stated. An account stated, then, is a manifestation
of assent by both parties to the stated sum as an accurate
computation of the debt." E. Allan Farnsworth, Contracts
 4.24, at 286 (1982).
2. A plaintiff's claim in a suit for such a balance. 3.
Equity practice. A defendant's plea in response to an
action for an accounting . The defendant states that
the balance due on the statement of the account has
been discharged and that the defendant holds the
plaintiff's release. -Also termed stated account.
accumulated-adjustments account. Tax. An item on
the books of an S corporation (usu. an equity item
on the corporation's balance sheet) to account for
taxable-income items passed through to sharehold
ers, such as accumulated earnings -earned before
the corporation converted from a C corporation to
an S corporation -that would have been distributed
as a dividend to the shareholders if the corporation
had remained a C corporation . One ofthe theories
underlying the accumulated-adjustments account is
that the shareholders should not be permitted to avoid
dividend-tax treatment on a corporation's accumu
lated earnings just because the corporation converts
from C status to S status. IRC (26 USCA)  1368(e)
(1). -Abbr. AAA. [Cases: Internal Revenue
3896.]
adjunct account. An account that accumulates addi
tions to another account.
annual account. See intermediate account.
assigned account. An account receivable that is pledged
to a bank or factor as security for a loan. [Cases:
Factors ~5;Pledges


that is pledged
to a bank or factor as security for a loan. [Cases:
Factors ~5;Pledges ~5; Secured Transactions
~181.]
bank account. A deposit or credit account with a
bank, such as a demand, time, savings, or passbook
account. UCC  4-104(a). [Cases: Banks and Banking
~151.]

blocked account. An account at a bank or other finan
cial institution, access to which has been restricted
either by the government or by an authorized person.
 An account may be blocked for a variety of reasons,
as when hostilities erupt between two countries and
each blocks access to the other's accounts. -Also
termed frozen account. [Cases: Banks and Banking
(;=128, 133, 151; War and National Emergency (;=
12.]
book account. A detailed statement of debits and credits
giving a history of an enterprise's business transac
tions. [Cases: Account, Action On
capital account. An account on a partnership's balance
sheet representing a partner's share ofthe partnership
capital. [Cases: Partnership (;=72,305.]
charge account. See CHARGE ACCOUNT.
client trust account. See CLIENT TRUST ACCOUNT.
closed account. An account that no further credits
or debits may be added to but that remains open for
adjustment or setoff.
community account. An account consisting ofcom
munity funds or commingled funds. See COMMUNITY
PROPERTY.
contra account (kon-tr;t). An account that serves to
reduce the gross valuation ofan asset.
convenience account. An apparent joint account, but
without right of survivorship, established by a creator
to enable another person to withdraw funds at the cre
ator's direction or for the creator's benefit.  Unlike a
true joint account, only one person, the creator, has
an ownership interest in the depOSited funds. Con
venience accounts are often established by those who
need a financial manager's help and want to make it
easy for the manager to pay bills. Although the man
ager's name is on the account, he or she does not con
tribute any personal funds to the account and can
write checks or make withdrawals only at the direc
tion ofor on behalf of the creator. [Cases: Banks and
Banking Joint Tenancy (;=6.]
current account. 1. A running or open account that is
settled periodically, usu. monthly. [Cases: Account,
Action On 2. A partner's account that reflects
salary, withdrawals, contributions, and other trans
actions in a given period. 3. Banking. A depositor's
checking account. 4. The portion ofa nation's balance
of payments that represents its exports, imports, and
transfer payments.
custodial account. An account opened on behalf of
someone else, such as one opened by a parent for a
minor child, and usu. administered by a responsible
third party. _ Custodial accounts most often arise
under the Uniform Transfers to Minors Act (1983).
All states have enacted either that act or its earlier
version, the Uniform Gifts to Minors Act. Property
can be set aside by a donor or transferred to a third
party as custodian for the benefit of a minor, usu. as
an irrevocable gift. This is a much simpler mechanism than a trust. The custodian has powers and fiduciary
duties similar to those of a trustee, except that the
custodian is not under a court's supervision. The cus
todian must account for the property and turn it over
to the beneficiary when he or she reaches majority. See
UNIFORM TRANSFERS TO MINORS ACT. [Cases: Infants
deposit account. A demand, time, savings, passbook,
or similar account maintained with a bank, savings
and-loan association, credit union, or like organiza
tion, other than investment property or an account
evidenced by an instrument. UCC  9-102(a)(20). -
Abbr. D.A. [Cases: Banks and Banking (;= 151;
Building and Loan Associations (;=40.]
drawing account. A temporary owner's equity account
used by a sole proprietorship or a partnership to
record an owner's or partner's withdrawals of cash
or other assets from the business for personal use.
escrow account. 1. A bank account, generally held in
the name ofthe depositor and an escrow agent, that is
returnable to the depositor or paid to a third person on
the fulfillment ofspecified conditions. Also termed
escrow deposit. See ESCROW (2). [Cases: Deposits and
Escrows (;=11-26.] 2. See impound account.
frozen account. See blocked account.
impound account. An account of accumulated funds
held by a lender for payment of taxes, insurance, or
other periodic debts against real property. -Also
termed escrow; escrow account; reserve account. See
ESCROW (2).
intermediate account. An account filed by an executor,
administrator, or guardian after the initial account
and before the final account.  This account is usu.
filed annually. -Also termed annual account.
joint account. (l7c) A bank or brokerage account
opened by two or more people, by which each party
has a present right to withdraw all funds in the
account and, upon the death of one party, the survi
vors become the owners ofthe account, with no right
of the deceased party's heirs or devisees to share in
it.  Typically, the account-holders are deSignated as
"joint tenants with right of survivorship" or "joint
and-survivor account-holders." In some jurisdictions,
they must be so deSignated to establish a right ofsur
vivorship. Abbr. JA. -Also termed joint-and-sur
vivorship account. [Cases: Joint Tenancy 1,6.J
lien account. A statement ofclaims that fairly informs
the owner and public of the amount and nature of a
lien. [Cases: Liens (;=9; Mechanics' Liens (;=116.]
liquidated account. An account whose assets are clearly
ascertained, either by agreement of the parties or by
law.
long account. An account involving numerous items
or complex transactions in an equitable action, usu.
referred to a master or commissioner.
margin account. A brokerage account that allows an
investor to buy or sell securities on credit, with the

21 accountable
securities usu. serving as collateral for the broker's
loan.
multiple-party account. An account that has more
than one owner with a current or future interest in
the account. _ Multiple-party accounts include joint
accounts, payable-on-death (P.O.D.) accounts, and
trust accounts. Unif. Probate Code  6-201(5).
mutual account. An account showing mutual trans
actions between parties, as by showing debits and
credits on both sides of the account.
"[Elach party to a mutual account occupies both a debtor
and creditor relation with regard to the other party. A
mutual account arises where there are mutual dealings,
and the account is allowed to run with a view to an ultimate
adjustment of the balance. In order to establish a mutual
account, it is not enough that the parties to the account
have cross demands or cross open accounts: there must
be an actual mutual agreement, express or implied, that
the claims are to be set off against each other." 1 Am. Jur.
2d Accounts and Accounting  6, at 564 (1994).
mutual-fund wrap account. An investment account
that allocates an investor's assets only among mutual
funds rather than stocks or other investments. See
wrap account.
negotiable-order-of-withdrawal account. See NOW
account.
nominal account (nahm-~-n~l). An income-statement
account that is closed into surplus at the end of the
year when the books are balanced.
nominee account. Securities. A brokerage account in
which the securities are owned by an investor but
registered in the name of the brokerage firm. -The
certificate and the records of the issuing company
show the brokerage as the holder of record. But the
brokerage records show the investor as the beneficial
owner of the securities in the nominee account.
Also termed street-name security.
NOW account (now). An interest-bearing savings
account on which the holder may write checks.
Also termed negotiable-order-of-withdrawal account.
[Cases: Banks and Banking G'=>305; Building and
Loan Associations 0=>40.J
offset account. One of two accounts that balance
against each other and cancel each other out when
the books are closed.
open account. (ISc) 1. An unpaid or unsettled account.
2. An account that is left open for ongoing debit and
credit entries by two parties and that has a fluctuat
ing balance until either party finds it convenient to
settle and close, at which time there is a Single liabil
ity. [Cases: Account, Action On (,-,1.1,3.]
partial account. (I8c) A preliminary accounting ofan
executor's or administrator's dealings with an estate.
[Cases: Executors and Administrators 0=>509(11).]
pay-on-death 	 account. A bank account whose
owner instructs the bank to distribute the account's
balance to a beneficiary upon the owner's death.
Unlike a jOint-and-survivorship account, a pay-on
death account does not give the beneficiary access to the funds while the owner is alive. Abbr. POD
account. -Also termed pay-on-death bank account.
[Cases: Banks and Banking 0=> 128, 151.]
pledged account. A mortgagor's account pledged to a
lender in return for a loan bearing interest at a below
market rate.
profit-and-loss account. A transfer account of all
income and expense accounts, closed into the retained
earnings of a corporation or the account of a
partnership. [Cases: Corporations Partner
ship 0=>305, 376.]
real account. An account that records assets and liabili
ties rather than receipts and payments.
reserve account. See impound account.
revolving charge account. See revolving credit under
CREDIT (4).
running account. (I8c) An open, unsettled account
that exhibits the reciprocal demands between the
parties.
sequestered account. An account (such as a joint bank
account) that a court has ordered to be separated,
frozen, and impounded.
share-draft account. An account that a member
maintains at a credit union and that can be drawn
on through the use of share drafts payable to third
parties. A share-draft account operates much like a
checking account operates at a bank. Also termed
share account. [Cases: Building and Loan Associa
tions C:-'40.]
suspense account. A temporary record used in book
keeping to track receipts and disbursements of an
uncertain nature until they are identified and posted
in the appropriate ledgers and journals . A suspense
account does not appear in a final financial statement.
It is a useful tool when, for example, a lump-sum
receipt or expenditure must be broken down to match
several transactions before posting.
tax-deferred account. An interest-bearing account
whose earnings are not taxable as income to the
account holder before the earnings are withdrawn.
-Tax-deferred accounts include most types ofIRAs,
variable annuities, 401(k) plans, cash-value life insur
ance, and most other types of tax-deferred savings
instruments.
trust account. See CLIENT TRUST ACCOUNT.
wrap account. An investment account for which the
investor, helped by a stockbroker, selects an account
manager and pays a fee based on a percentage of the
total assets to be managed. -Most wrap accounts
contain a portfolio ofinvestments, including stocks,
bonds, and cash. Investors generally proVide a risk
profile but do not select the investments or give
instructions to buy or selL -Also termed wrapJee
account. See mutualJund wrap account.
accountable, adj. (14c) Responsible; answerable <the
company was held accountable for the employee'S neg
ligence>. accountability, n.

22 accountable receipt
accountable receipt. See RECEIPT.
accountant. 1. A person authorized under applicable
law to practice public accounting; a person whose
business is to keep books or accounts, to perform finan
cial audits, to design and control accounting systems,
and to give tax advice . For some purposes, the term
includes a professional accounting association, a cor
poration, and a partnership, ifthey are so authorized.
[Cases: Accountants C=> 1.]
certified public accountant. An accountant who has
satisfied the statutory and administrative require
ments to be registered or licensed as a public accoun
tant. Abbr. CPA.
2. A defendant in an action of account.
accountant-client privilege. See PRIVILEGE (3).
accountant ofcourt. Scots law. An official of the Court
of Session who exercises supervision over the accounts
of court-appointed managers and receivers of estates,
such as trustees in bankruptcy and guardians ofincom
petent persons.
accountant's lien. See LIEN.
account book. A journal in which a business's transac
tions are recorded. See SHOP BOOKS.
account debtor. See DEBTOR.
account duty. See DUTY (4).
account executive. See STOCKBROKER.
account for. (17c) 1. To furnish a good reason or con
vincing explanation for; to explain the cause of. 2. To
render a reckoning of (funds held, esp. in trust). 3. To
answer for (conduct).
accounting. (I8c) 1. The act or a system ofestablishing or
settling financial accounts; esp., the process ofrecord
ing transactions in the financial records of a business
and periodically extracting, sorting, and summariz
ing the recorded transactions to produce a set of finan
cial records. Also termed financial accounting. Cf.
BOOKKEEPING. 2. A rendition of an account, either
voluntarily or by court order . The term frequently
refers to the report of all items of property, income,
and expenses prepared by a personal representative,
trustee, or guardian and


to the report of all items of property, income,
and expenses prepared by a personal representative,
trustee, or guardian and given to heirs, beneficiaries, or
the probate court. See ACCOUNT (4). 3. A legal action to
compel a defendant to account for and pay over money
owed to the plaintiff but held by the defendant (often
the plaintiff's agent); ACCOUNTING FOR PROFITS. Also
termed account render; account; action ofaccount. 4.
More broadly, an action for the recovery of money for
services performed, property sold and delivered, money
loaned, or damages for the nonperformance of simple
contracts. _ Such an action is available when the rights
ofparties will be adequately protected by the payment
of money. -Also termed action on account; account;
action ofbook debt. 5. Commercial law. An equitable
proceeding for a complete settlement of all partnership
affairs, usu. in connection with partner misconduct
or with a winding up. See WINDING UP. [Cases: Part
nership 376.]6. Secured transactions. A record that (1) is authenticated by a secured party, (2) indicates
the aggregate unpaid secured obligation as ofa date no
more than 35 days before or after the date of the record,
and (3) identifies the components ofthe obligations in
reasonable detail. DCC  9-102(a)(2}. [Cases: Secured
Transactions
accounting for fruits. Civil law. A claim for the return
of natural or civil fruits against an adverse possessor
or other person obligated by law or contract to account
for fruits. See FRUIT (2).
accounting for profits. (1871) An action for equitable
relief against a person in a fiduciary relationship to
recover profits taken in a breach ofthe relationship.
Often shortened to accounting.
"The term accounting, or accounting for profits, is used in
several ways. In its most important meaning, it is a restitu
tionary remedy based upon avoiding unjust enrichment. In
this sense it reaches monies owed by a fiduciary or other
wrongdoer, including profits produced by property which
in equity and good conscience belonged to the plaintiff.
It resembles a constructive trust in that tracing may be
used to reach profits. But even if tracing fails, the plaintiff
may recover a judgment for the profits due from use of
his property." Dan B. Dobbs, Law of Remedies  4.3(5), at
408 (2d ed. 1993).
accounting method. (1908) A system for determin
ing income and expenses, profit and loss, asset value,
appreciation and depreciation, and the like, esp. for tax
purposes.
accrual accounting method (<"l-kroo-<"ll). (1942)An
accounting method that records entries of debits
and credits when the revenue or liability arises, rather
than when the income is received or an expense is
paid. Also termed accrual basis. Cf. cash-basis
accounting method. [Cases: Internal Revenue
3099; Taxation C:::::>3538.J
capitalization accounting method. A method ofdeter
mining an asset's present value by discounting its
stream of expected future benefits at an appropriate
rate.
cash-basis accounting method. (1954)An accounting
method that considers only cash actually received as
income and cash actually paid out as an expense. Cf.
accrual accounting method. [Cases: Internal Revenue
C=>3100; Taxation C=>3538.]
completed-contract accounting method. A method of
reporting profit or loss on certain long-term contracts
by recognizing gross income and expenses in the tax
year that the contract is completed. [Cases: Internal
Revenue Taxation C=3538.]
cost accounting method. The practice ofrecording the
value of assets in terms of their historical cost. Also
termed cost accounting.
direct charge-off accounting method. A system of
accounting by which a deduction for bad debts is
allowed when an account has become partially or
completely worthless.
equity accounting method. A method of accounting
for long-term investment in common stock based

23 accrued asset
on acquisition cost, investor income, net losses, and
dividends.
Jair-value accounting method. The valuation ofassets
at present actual or market value. _ When this method
is used to determine the value of a security or other
financial instrument, it is also termed mark-to-market
accounting method.
installment accounting method. (1954) A method by
which a taxpayer can spread the recognition ofgains
from a sale of property over the payment period by
computing the gross-profit percentage from the sale
and applying it to each payment. [Cases: Internal
Revenue G~3104; Taxation C=>3538.]
mark-to-market accounting method. See fair-value
accounting method.
percentage-oj-completion method. An accounting
method in which revenue is recognized gradually
during the completion of the subject matter of the
contract.
physical-inventory accounting method. A method
of counting a company's goods at the close of an
accounting period.
purchase accounting method. A method ofaccounting
for mergers whereby the total value paid or exchanged
for the acquired firm's assets is recorded on the
acquiring firm's books, and any difference between
the fair market value of the assets acquired and the
purchase is recorded as goodwill.
accounting period. (1903)A regular span of time used for
accounting purposes; esp., a period used by a taxpayer
in determining income and related tax liability.
Accounting Research Bulletin. A publication con
taining accounting practices recommended by the
American Institute ofCertified Public Accountants. -
Abbr. ARB.
Accounting Series Release. A bulletin providing the
Securities and Exchange Commission's requirements
for accounting and auditing procedures to be followed
in reports filed with that agency. -Abbr. ASR.
account in trust. See ACCOUNT.
account party. The customer in a letter-of-credit trans
action. -Also termed applicant.
account payable. See ACCOUNT.
account receivable. See ACCOUNT.
account render. See ACCOUNTING (3).
account rendered. See ACCOUNT.
account representative. See STOCKBROKER.
account settled. See ACCOUNT.
accounts-receivable insurance. See accounts-receivable
insurance and credit insurance under INSURANCE.
account stated. See ACCOUNT.
account statement. See STATEMENT OF ACCOUNT.
accouple, vb. Archaic. To unite; to marry. accredit (<'1-kred-it), vb. 1. To give official authorization
or status to. 2. To recognize (a school) as having suf
ficient academic standards to qualify graduates for
higher education or for professional practice. [Cases:
Schools C=o4.] 3. Int'llaw. To send (a person) with cre
dentials as an envoy. accreditation (,,-kred-i-tay
shan), n. -accredited, adj.
accredited investor. See INVESTOR.
accredited law school. See LAW SCHOOL.
accredited representative. See REPRESENTATIVE.
accredulitare (,,-kred-Yd-Id-tair-ee), vb. [Law Latin] Hist.
To purge an offense by an oath.
accresce (a-kres), vb. Civil law. To accrue or increase.
accretion (d-kree-shan). (1830) 1. The gradual accu
mulation of land by natural forces, esp. as alluvium
is added to land situated on the bank of a river or on
the seashore. Cf. ALLUVION; AVULSION (2); DELlCTION;
EROSION. [Cases: Navigable Waters Waters and
Water Courses C=>93.] 2. Any increase in trust property
other than increases ordinarily considered as income.
[Cases: Trusts 3. Civil law. The right of
heirs or legatees to unite their shares ofthe estate with
the portion of any coheirs or legatees who do not accept
their portion, fail to comply with a condition, or die
before the testator. 4. A beneficiary's gain through the
failure ofa coheir or colegatee to take his or her share.
5. Scots law. The perfection of an imperfect or defective
title by some act by the person who conveyed title to the
current holder. -accretive, accretionary, adj.
accroach (a-krohch), vb. (16c) To exercise power without
authority; to usurp. -accroachment (a-krohch-m;mt),
n.
accrocher (a-kroh-shay), vb. [Law French]l. ACCROACH.
2. To delay.
accrocher un proces (a-kroh-shay an proh-say). [French]
To stay the proceedings in a suit.
accrual, clause of. See CLAUSE OF ACCRUAL.
accrual accounting method. See ACCOUNTING
METHOD.
accrual basis. See accrual accounting method under
ACCOUNTING METHOD.
accrual bond. See BOND (3).
accrue (a-kroo), vb. (ISc) 1. To come into existence as an
enforceable claim or right; to arise <the plaintiff's cause
of action for silicosis did not accrue until the plaintiff
knew or had reason to know ofthe disease>. [Cases:
Action Limitation ofActions ~43-64.J
'The term 'accrue' in the context of a cause of action
means to arrive, to commence, to come into existence, or
to become a present enforceable demand or right. The time
of accrual of a cause of action is a question of fact." 2 Ann
Taylor Schwing, California Affirmative Defenses  25:3, at
17-18 (2d ed. 1996).
2. To accumulate periodically <the savings-account
interest accrues monthly>. -accrual, n.
accrued asset. See ASSET.

24 accrued compensation
accrued compensation. See COMPENSATION.
accrued depreciation. See accumulated depreciation
under DEPRECIATION.
accrued dividend. See accumulated dividend under
DIVIDEND.
accrued expense. See EXPENSE.
accrued income. See INCOME.
accrued interest. See INTEREST (3).
accrued liability. See LIABILITY.
accrued right. See RIGHT.
accrued salary. See SALARY.
accrued tax. See TAX.
accruer. See CLAUSE OF ACCRUAL.
accruing costs. See COST (3).
acct. abbr. ACCOUNT (4).
accumulando jura juribus (..-kyoom-p-lan-doh
joor-.. joor-i-b ..s). [Law Latin] Hist. By adding rights
to rights.
"[Accumulando jura juribus] will be found in deeds, as
expressing the intention of the maker or granter of it that
the right thereby conferred on the grantee is not to be
regarded as coming in place of other rights which the
grantee has or may acquire otherwise, but as an addition
thereto: the rights conferred are not prejudicial to other
rights existing or future." John Trayner, TrayneY"s Latin
Maxims 10 (4th ed. 1894).
accumulated-adjustments account. See ACCOUNT.
accumulated deficit. A business's net losses that are
carried over on the balance sheet from earlier periods.
-The deficit is shown under owners' or stockholders'
equity.
accumulated depreciation. See DEPRECIATION.
accumulated dividend. See DIVIDEND.
accumulated-earnings credit. See CREDIT (7).
accumulated-earnings tax. See TAX.
accumulated income. See INCOME.
accumulated legacy. See LEGACY.
accumulated profit. See PROFIT (1).
accumulated surplus. See SURPLUS.
accumulated taxable income. See INCOME.
accumulatio actionum (a-kyoom-ya-Iay-shee-oh
ak-shee-oh-nam). [Law Latin] Scots law. The accumu
lation of actions, which was permitted only in certain
circumstances, as when a widow and her children
jointly sued to recover damages for the husband's and
father'S death.
accumulation, n. 1. The increase ofa thing by repeated
additions to it; esp., the increase of a fund by the
repeated addition of the income that it creates. 2. The
concurrence of several titles to the same thing. 3. The
concurrence of several circumstances to the same
proof. 4. The retention of dividends for future distri
bution. 5. Insurance. An increase in the principal sum insured for, effective upon renewal ofa policy, without
a change ofpremiums. accumulate, vb.
accumulations, rule against. (1924) The rule that a
direction to accumulate income from property the
income to be distributed later to certain beneficiaries
is valid only if confined to the perpetuity period. Cf.
RULE AGAINST PERPETUITIES. [Cases: Perpetuities Cr-:;:,
9.]
accumulation trust. See TRUST.
accumulative (a-kyoo-mya-Iay-tiv or -la-tiv), adj.
Increasing by successive addition; cumulative.
accumulative damages. See DAMAGES.
accumulative dividend. See cumulative dividend under
DIVIDEND.
accumulative judgment. See JUDGMENT.
accumulative legacy. See LEGACY.
accumulative sentences. See consecutive sentences under
SENTENCE.
accusation, n. (14c) 1. A formal charge of criminal
wrongdoing. -The accusation is usu. presented to a
court or magistrate haVing jurisdiction to inquire into
the alleged crime. 2. A statement that a person has
engaged in an illegal or immoral act.
malicious accusation. An accusation against another
for an improper purpose and without probable cause.
See MALICIOUS PROSECUTION.
accusatio suspecti tutoris (ak-yoo-zay-shee-oh sa-spek


SECUTION.
accusatio suspecti tutoris (ak-yoo-zay-shee-oh sa-spek-tI
t[y]oo-tor-is). [Latin "accusation against a suspected
tutor"] Roman law. A civil action on behalf of a child
under the age ofpuberty against a tutor for negligence
or fraud in the performance ofthe tutor's duties.
accusator (ak-yoo-zay-tar), n. [Latin] Roman law. The
person who brought charges in a criminal case. Pi.
accusatores.
accusatorial system. See ADVERSARY SYSTEM.
accusatory (~-kyoo-z .. -tor-ee), adj. Of, relating to, or
constituting an accusation.
accusatory body. (1877) A body (such as a grand jury)
that hears evidence and determines whether a person
should be charged with a crime.
accusatory instrument. See CHARGING INSTRUMENT.
accusatory part. The section ofan indictment in which
the offense is named.
accusatory pleading. See PLEADING (1).
accusatory procedure. See ADVERSARY SYSTEM.
accusatory stage. (1954) Criminal procedure. The pOint
in a criminal proceeding when the suspect's right to
counsel attaches. -This occurs usu. after arrest and
once interrogation begins. Cf. CRITICAL STAGE. [Cases:
Criminal Law 1718].
accusatrix (a-kyoo-z;:)-triks), n. Hist. A female accuser.
accuse, vb. (14c) To charge (a person) judicially or
publicly with an offense; to make an accusation against

25 acknowledgment of debt
<she accused him of the crime> <he was accused as
an accomplice>.
accused, adj. Of or relating to someone or something
implicated in wrongdoing <accused infringer>; esp., of
or relating to a product that allegedly infringes some
one's intellectual-property rights <accused device>
<accused work>.
accused, n. (I6c) 1. A person who has been blamed for
wrongdoing; esp., a person who has been arrested and
brought before a magistrate or who has been formally
charged with a crime (as by indictment or informa
tion). 2. A person against whom legal proceedings have
been initiated.
accuser. Eccles. law. A person who accuses another of a
crime. In ecclesiastical courts, an accuser cannot be
a person who has been convicted of a crime, has been
excommunicated, or is otherwise disqualified.
accusing jury. See GRAND JURY.
a ce (a sa), adv. [Law French] For this purpose.
a eel jour (d sel zhoor), adv. [Law French] At this day.
ac etiam (ak ee-shee-dm or esh-ee-dm). [Law Latin] Com
mon-law pleading. 1. And also. 1hese words intro
duced a genuine claim in a pleading in a common-law
case in which a fictitious claim had to be alleged to give
the court jurisdiction. In other words, the phrase ac
etiam directed the court to the real cause ofaction.
Also spelled acetiam.
"[TJo remedy this inconvenience, the officers of the king's
bench devised a method of adding what is called a clause
of ac etiam to the usual complaint of trespass; the bill of
Middlesex commanding the defendant to be brought in
to answer the plaintiff of a plea of trespass, and also to a
bill of debt: the complaint of trespass giving cognizance
to the court, and that of debt authorizing the arrest." 3
William Blackstone, Commentaries on the Laws ofEngland
288 (1768).
"[Once] it was established that the King'S Bench was not
exclusively a court for 'crown cases,' but could also be
used for civil litigation, it was not difficult to extend the
jurisdiction a step further by allowing the ordinary Citizen
to allege that the defendant had committed a trespass or
other breach of the peace 'and also' that the defendant
was under some obligation to the plaintiff, and to treat the
allegation concerning breach of the peace as a mere fiction
which need not be proved, and to allow the suit to be main
tained solely on the basis of the civil obligation. The Latin
words 'ac etiam' were the crucial ones in the old complaint
that stated the fictitious breach of the peace 'and also' the
actual civil obligation." Charles Herman Kinnane, A First
Book on AngloAmerican Law 269 (2d ed. 1952).
2. The clause that introduced the real allegation after
a fictitious allegation of trespass. -Also termed (in
sense 2) ac etiam clause.
ACF. abbr. ADMINISTRATION FOR CHILDREN AND
FAMILIES.
achieve, vb. Hist. To do homage upon the taking of a
fee or fief
acid-test ratio. See QUICK-ASSET RATIO.
acknowledge, vb. (15c) 1. To recognize (something) as
being factual or valid <acknowledge the federal court's
jurisdiction>. 2. To show that one accepts responsibility for <acknowledge paternity of the child>. 3. To make
known the receipt of <acknowledged the plaintiff's
letter>. 4. To confirm as genuine before an authorized
officer <acknowledged before a notary public>. [Cases:
Acknowledgment p 1.]5. (Of a notary public or other
officer) to certify as genuine <the notary acknowledged
the genuineness ofthe signature>.
acknowledged father. See FATHER.
acknowledgment. (16c) 1. A recognition of something
as being factual. 2. An acceptance of responsibility. 3.
The act of making it known that one has received some
thing. 4. A formal declaration made in the presence
of an authorized officer, such as a notary public, by
someone who signs a document and confirms that the
signature is authentic. -In most states, the officer certi
fies that (1) he or she personally knows the document
signer or has established the signer'S identity through
satisfactory evidence, (2) the appeared before the
officer on the date and in the place (usu. the county)
indicated, and (3) the signer acknowledged signing
the document freely. Cf. VERIFICATION (1). [Cases:
Acknowledgment pl.]
"An acknowledgment is a verification of the fact of execu
tion, but is not a verification of the contents of the instru
ment executed; in other words, an acknowledgment is the
method of authenticating an instrument by showing it was
the act of the person executing it, while a verification is a
sworn statement as to the truth of the facts stated within
an instrument." 1 A c.J,S. Acknowledgments  2 (1985).
5. The officer's certificate that is affixed to the
document. Also termed (in sense 5) certificate of
acknowledgment; (loosely) verification. See PROOF OF
ACKNOWLEDGMENT. 6. A father's public recognition
of a child as his own. Also termed acknowledgment
ofpaternity.
formal acknowledgment. 1. A father's recognition of
a child as his own by a formal, written declaration
that meets a state's requirements for execution, typi
cally by signing in the presence of two witnesses .
In Louisiana law, this recognition may also be made
by a mother. La. Civ. Code art. 203. [Cases: Children
Out-of-Wedlock 2. A father's recognition of
a child as his own in the child's registry ofbirth or at
the child's baptism. -In this sense, a formal acknowl
edgment typically occurs when a man signs the birth
certificate or baptismal certificate as the father or
announces at the baptismal service that he is the
father. The fact that a man is named as the father on a
certificate ofbirth or baptism is not a formal acknowl
edgment unless the father signs the document.
informal acknowledgment. A father's recognition ofa
child as his own not by a written declaration but by
receiving the child into his family or supporting the
child and otherwise treating the child as his own off
spring. [Cases: Children Out-of-Wedlock
acknowledgment money. See LAUDEMIUM.
acknowledgment ofdebt. Louisiana law. Recognition by
a debtor of the existence ofa debt . An acknowledg

26 acknowledgment of paternity
ment of debt interrupts the running ofprescription.
[Cases: Limitation of Actions C~140.]
acknowledgment ofpaternity. See ACKNOWLEDGMENT
(6).
ACLU. abbr. (1936) AMERICAN CIVIL LIBERTIES UNION.
a confectione (ay k;:m-fek-shee-oh-nee). [Law Latin] From
the making.
a corifectione praesentium (ay kan-fek-shee-oh-nee pri
zen-shee-am). [Law Latin] From the making of the
indentures.
a consiliis (ay kan-sil-ee-is), n. [Law Latin "of counsel"]
See APOCRISARIUS.
a contrario sensu (ay k,m-trair-ee-oh sen-s[y]oo), adv.
[Law Latin] On the other hand; in the opposite sense.
ACP. abbr. ADMINISTRATIVE DOMAIN-NAME CHALLENGE
PANEL.
ACPA. abbr. 1. ANTICYBERSQUATTING CONSUMER PRO
TECTION ACT. 2. ANTICOUNTERFEITING CONSUMER
PROTECTION ACT.
ACP challenge. Trademarks. An administrative proce
dure to settle disputes over Internet domain names,
conducted by an Administrative Domain-Name Chal
lenge Panel (ACP) under the auspices of the World
Intellectual Property Organization and in accordance
with the WIPO (Revised) Substantive Guidelines .
The guidelines are viewable at http://www.gtld-mou.
org/docs/racps.htm. [Cases: Telecommunications
1333.]
acquaintance rape. See RAPE.
acquest (<I-kwest). See ACQUET.
acquet (a-kay or a-kwet), n. [French acquet "acquisition"]
(usu. pl.) Civil law. 1. Property acquired by purchase,
gift, or any means other than inheritance . The term
is most commonly used to denote a marital acquisi
tion that is presumed to be community property.
Also termed acquets and conquets. [Cases: Husband
and Wife (;::::249-260.]2. Property acqUired by either
spouse during the marriage. -Also termed acquest.
See COMMUNITY PROPERTY. See also ACQUIST.
acquets and conquets. See ACQUET (1).
acquets and gains (<I-kets). Louisiana law. The assets
comprising the community property of spouses who
are subject to the Louisiana community-property
laws. Often shortened to acquets. [Cases: Husband
and Wife
acquiesce (ak-wee-es), vb. To accept tacitly or paSSively;
to give implied consent to (an act) <in the end, all the
partners acquiesced in the settlement>. -acquiescent,
adj.
acquiescence (ak-wee-es-;mts). (17c) 1. A person's tacit or
passive acceptance; implied consent to an act.
commercial acquiescence. Patents. Action or inaction
by a patentee's competitor that reflects the competi
tor's belief that the patent is valid. A patent owner
may use another person's actions or inactions, such as taking a license or attempting to design around a
patent, as circumstantial evidence ofthe nonobvious
ness ofa patented invention or of a patent's validity or
enforceability. [Cases: Patents (;::::36.1(1).]
2. Int'llaw. Passivity and inaction on foreign claims
that, according to customary international law, usu.
call for protest to assert, preserve, or safeguard rights .
The result is that binding legal effect is given to silence
and inaction. Acquiescence, as a principle of substan
tive law, is grounded in the concepts ofgood faith and
equity.
acquietandis plegiis (a-kwI-a-tan-dis plee-jee-is), n.
[Law Latin "for acquitting sureties"] Hist. A writ to
force a creditor to discharge a surety when the debt
has been satisfied.
acquietatus (a-kwI-a-tay-tas), adj. [Law tatin] Hist. Pro
nounced not guilty by a jury; acquitted.
acquire, vb. To gain possession or control of; to get or
obtain.
acquired allegiance. See ALLEGIANCE.
acquired corporation. See CORPORATION.
acquired distinctiveness. See DISTINCTIVENESS.
acquired federal land. See LAND.
acquired land. See LAND.
acquired right. See RIGHT.
acquired-rights doctrine. The principle that once a
right has vested, it may not be reduced by later legisla
tion. The Universal Copyright Convention applies
the doctrine to copyright protections, esp. terms, that
controlled before the Convention took effect. Also
termed doctrine ofacqUired rights.
acquired servitude. See SERVITUDE (2).
acquired surplus. See SURPLUS.
acquirenda, n. pl. [Latin] Hist. Things to be gained by
purchase.
acquisita et acquirenda (a-kwiz-i-t;) et ak-wa-ren-da).
[taw Latin] Scots law. Things acquired and to be
acquired . Certain legal actions (such as inhibition)
affected both acquired property and property to be
acqUired while some actions (such as seizure) affected
only property that had already been acquired.
acquisition, n. (l4c) 1. The gaining of possession or
control over something <acquisition of the target
company's assets>. 2. Something acquired <a valuable
acquisition>.
creeping acquisition. The gradual purchase ofa corpo
ration's stock at varying prices on the open market .
As a takeover method, a creeping acquisition does not
involve a formal tender offer. although the SEC may
classify


As a takeover method, a creeping acquisition does not
involve a formal tender offer. although the SEC may
classify it as such for regulatory purposes. Also
termed creeping tender offer.
derivative acquisition. An acquisition obtained from
another, as by sale or gift.
new acquisition. An estate not originating from
descent, devise, or gift from the paternal or maternal

27
line of the owner. -For example, an estate acquired
from a nonrelative is a new acquisition. See nonances
tral estate under ESTATE (1).
original acquisition. An acquisition that has never
been the property ofanyone such as a copyright
owned by an author.
acquisition cost. See COST (1).
acquisitive offense. See OFFENSE (1).
acquisitive prescription. See PRESCRIPTION (5).
acquist (~-kwist), n. Hist. The act ofobtaining (a thing);
acquisition. _ The idiomatic tendency is to use acquist
for the action and acquet for the result. Cf. ACQUET.
acquit, vb. (l3c) 1. To clear (a person) of a criminal
charge. 2. To payor discharge (a debt or claim).
acquittal, n. (15c) 1. The legal certification, usu. by jury
verdict, that an accused person is not guilty of the
charged offense.
acquittal in fact. (l7c) An acquittal by a jury verdict
of not guilty.
acquittal in law. (17c) An acquittal by operation oflaw,
as of someone who has been charged merely as an
accessory after the principal has been acquitted.
implied acquittal. (1858) An acquittal in which a jury
convicts the defendant of a lesser included offense
without commenting on the greater offense. -Double
jeopardy bars the retrial of a defendant on the higher
offense after an implied acquittal. [Cases: Double
Jeopardy 0= 100.1.]
2. Contracts. A release or discharge from debt or other
liability; ACQUITTANCE. [Cases: Release 0=8.] 3. Hist.
The obligation of a middle lord to protect a tenant
from a claim, entry, or molestation by a paramount
lord arising out of service that the middle lord owes
the paramount lord.
acquittance, n. (14c) A document by which one is dis
charged from a debt or other obligation; a receipt or
release indicating payment in full. [Cases: Release <::=
8.] -acquit, vb.
acquitted, adj. 1. Judicially discharged from an accusa
tion; absolved. 2. Released from a debt.
acre. 1. An area ofland measuring 43,560 square feet.
Cf. COMMERCIAL ACRE.
foot acre. A one-foot -deep layer ofcoal, water, or other
material spread over one acre. -This measurement
method is used to value coal land for tax purposes.
It is also used to measure the volume and capacity of
reservoirs.
2. Hist. 1he area ofland that a man with two oxen could
plow in one day. _ Beginning in the mid-13th century,
this was statutorily limited to an area of 14,520 square
feet.
acreage-contribution agreement. Oil & gas. A support
agreement under which one party promises to grant
leases or interest in leases in the area ofa test well to the
party who drills the test well in exchange for drilling act
or geological information ifthe test well is drilled to a
certain depth. See SUPPORT AGREEMENT. [Cases: Mines
and Minerals 0=109.]
acre-foot. A volume measurement in irrigation, equal to
the amount ofwater that will cover one acre ofland in
one foot of water (325,850 gallons).
acre right. Hist. In New England, a citizen's share in the
common lands. -The value of the acre right varied
among towns but was fixed in each town. A 10-acre lot
in a certain town was equivalent to 113 acres ofupland
and 12 acres of meadow, and an exact proportion was
maintained between the acre right and salable land.
across-the-board, adj. Applying to all classes, categories,
or groups <an across-the-board tax cut>.
ACRS. abbr. ACCEI~ERATED COST-RECOVERY SYSTEM.
act, n. (14c) L Something done or performed, esp. vol
untarily; a deed. Also termed action.
"'[Alet' or 'action' means a bodily movement whether vol
untary or involuntary ...." Model Penal Code  1.13.
2. The process of doing or performing; an occurrence
that results from a person's will being exerted on the
external world; ACTION (2). -Also termed positive act;
act ofcommission.
"The term act is one of ambiguous import, being used in
various senses of different degrees of generality. When it is
said, however, that an act is one of the essential conditions
of liability, we use the term in the widest sense of which
it is capable. We mean by it any event which is subject to
the control of the human will. Such a definition is, indeed,
not ultimate, but it is sufficient for the purpose of the law:'
John Salmond. jurisprudence 367 (Glanville L. Williams ed.,
10th ed. 1947).
'The word 'act' is used throughout the Restatement of this
Subject to denote an external manifestation of the actor's
will and does not include any of its results, even the most
direct, immediate, and intended." Restatement (Second)
ofTorts  2 (1965).
abstract juridical act. Civil law. A juridical act whose
validity may be independent ofthe existence or law
fulness of the underlying cause. -In some systems,
examples include negotiable instruments, debt remis
sion, debt acknowledgment, and the novation ofan
obligation. See juridical act.
act in pais (in pay). [Law French] An act performed out
ofcourt, such as a deed made between two parties on
the land being transferred. See IN PAIS.
act in the law. (1829) An act that is intended to create,
transfer, or extinguish a right and that is effective in
law for that purpose; the exercise ofa legal power. --
Also termed juristic act; act ofthe party; legal act.
act ofcourt. See JUDICIAL ACT.
act ofGod. See ACT OF GOD.
act ofltostility. See ACT OF HOSTILITY.
act oflaw. See act ofthe law.
act ofomission. See negative act.
act ofthe law. (17c) The creation, extinction, or transfer
ofa right by the operation of the law itself, without any

28 acta diurna
consent on the part ofthe persons concerned. Also
termed legal act; act aflaw. Cf. LEGAL ACT.
act ofthe party. See act in the law.
administrative act. (I818) An act made in a manage
ment capacity; esp., an act made outside the actor's
usual field (as when a judge supervises court per
sonnel). An administrative act is often subject to a
greater risk ofliability than an act within the actor's
usual field. See IMMUNITY (1).
bilateral act. (1895) An act that involves the consent
ing wills of two or more distinct parties, as with a
contract, a conveyance, a mortgage, or a lease; AGREE
MENT (1).
conversionary act. An act that, unless privileged,
makes the actor liable for conversion.
external act. (16c) An act involving bodily activity,
such as speaking.
intentional act. (17c) An act resulting from the actor's
will directed to that end . An act is intentional when
it is foreseen and desired by the doer, and this fore
Sight and desire resulted in the act through the opera
tion of the will.
internal act. (16c) An act of the mind, such as
thinking.
judicial act. (16c) An act involving the exercise of
judicial power. -Also termed act ofcourt.
"The distinction between ajudicial and a legislative act is
well defined. The one determines what the law is, and what
the rights of parties are, with reference to transactions
already had; the other prescribes what the law shall be in
future cases arising under it." Union Pacific R.R. v. United
States, 99 U.S. 700, 721 (1878) (Field,J.. dissenting).
jural act (joor-Jl). (1860) An act taken in the context of
or in furtherance of a society's legal system. -Also
termed jural activity.
"In order to identify an act as a jural act, it must be the
kind of act that would be engaged in by someone who
is enforcing a law, determining an infraction of the law,
making or changing a law, or settling a dispute." Martin P.
Golding, Philosophy of Law 23 (1975).
juridical act. Civil law. A lawful volitional act intended
to have legal consequences. See abstract juridical act.
juristic act. See act in the law.
legal act. See LEGAL ACT.
ministerial act. An act performed without the inde
pendent exercise of discretion or judgment.. Ifthe
act is mandatory, it is also termed a ministerial duty.
See ministerial duty under DUTY (2).
negative act. (l7c) The failure to do something that
is legally reqUired; a nonoccurrence that involves
the breach of a legal duty to take positive action .
This takes the form of either a forbearance or an
omission. -Also termed act ofomission.
negligent act. An act that creates an unreasonable risk
of harm to another.
predicate act. An act that must be completed before legal
consequences can attach to it or to another act or before further action can be taken . In statutes, words such
as "if" often precede a description of a predicate act.
quasi-judicial act. See QUASI-JUDICIAL ACT.
tortious act. An act that subjects the actor to liability
under the principles oftort law.
unilateral act. (1861) An act in which there is only one
party whose will operates, as in a testamentary dis
position, the exercise of a power of appointment, or
the voidance ofa voidable contract.
unintentional act. (1820) An act not resulting from the
actor's will toward what actually takes place.
verbal act. (18c) 1. An act performed through the
medium of words, either spoken or written. 2.
Evidence. A statement offered to prove the words
themselves because oftheir legal effect (e.g., the terms
of a will) . For this purpose, the statement is not
considered hearsay.
3. The formal product ofa legislature or other delibera
tive body; esp., STATUTE For the various types ofacts,
see the subentries under STATUTE.
acta diu rna (ak-tJ dl-Jr-nJ). [Latin" daily proceedings"]
Roman law. A public register ofthe daily proceedings of
the senate, assemblies of the people, or the courts.
act and deed. 1. A formally delivered written instru
ment that memorializes a bargain or transaction. 2.
Hist. Words in a traditional spoken formula used when
signing a legal instrument.  Immediately after signing,
the party would touch the seal and declare, "I deliver
this as my act and deed."
act and warrant. Scots law. A sheriff's order appointing a
trustee in bankruptcy, upon which the trustee assumes
office and becomes vested with the bankruptcy estate.
acta publica (ak-tJ pab-li-kJ), n. pl. [Latin] Roman &
civil law. Things of general knowledge and concern;
matters transacted before certain public officers.
acte (akt), n. [French] French law. 1. An instrument; a
proofin writing, such as a deed, bill of sale, or birth
certificate.
acte authentique (akt oh-tawn-teek). A deed executed
with certain prescribed formalities, in the presence of
a notary or other official.
acte de deces (akt dJ day-say). A death certificate.
acte de francisation (akt dJ frangk-J-za-syawn). A cer
tificate confirming that a ship is of French national
ity.
acte de mariage (akt dJ mar-yahzh). A marriage cer
tificate.
acte de naissance (akt dJ nay-sJnts). A birth certifi
cate.
acte de notoriite. A deposition made before a notary
to record and preserve a claim, usu. to property .
Historically, most actes de notoriete were conducted
to establish the identity and genealogy ofa purported
heir. The depositions were subject to exclusion as
hearsay. But an acte de notoriete may also appear in a

29 actio
chain oftitle. See United States v. Repentigny, 72 U.S.
211 (1866).
acte extrajudiciaire (akt eks-tr..-zhuu-dee-syair). A
document served by a huissier at the request of one
party on another party without legal proceedings. See
HUISSIER (1).
l'acte de l'tUat civil (lakt d<llay-tah see-veel). A public
document relating to status (e.g., birth, divorce,
death).
2. An act; conduct.
acte d'heritier (akt day-ri-tyay). [French "act of an
heir"] Conduct by an heir indicating an intent to
accept the succession.
acting, adj. (I8c) Holding an interim position; serving
temporarily <an acting director>.
acting charge d'affaires. See CHARGE D'AFFAIRES.
acting executor. See EXECUTOR.
acting officer. See OFFICER (1).
act in pais. See ACT.
act in the law. See ACT.
actio (ak-shee-oh also ak-tee-oh), n. [Latin] 1. Roman
& civil law. An action; a right or claim. 2. A right of
action. [Cases: Action ~1.] 3. Hist. At common law,
a lawsuit. PI. actiones (ak-shee-oh-neez).
actio ad exhib


At common law,
a lawsuit. PI. actiones (ak-shee-oh-neez).
actio ad exhibendum (ak-shee-oh ad ek-si-ben-d ..m).
Roman law. An action to compel a defendant to
produce property so as to establish that it is in the
defendant's possession. PI. actiones ad exhiben
dum.
actio aestimatoria (ak-shee-oh es-ti-m ..-tor-ee-..). See
DE AESTIMATO.
actio arbitraria (ak-shee-oh ahr-bi-trair-ee-J). Roman
law. An action in which a judex issued an interlocu
tory decree ordering the defendant to do something
(such as restoring property to the plaintiff) on pain of
a monetary judgment payable to the plaintiff. This
action was so called because the judex could assess
the damage at a high figure if the defendant failed
to comply with the interlocutory order. PI. actiones
arbitrariae (ak-shee-oh-neez ahr-bi-trair-ee-I).
actio auctoritas (ak-shee-oh awk-tor-i-tas). Roman
law. A seller's guarantee against eviction from man
cipated land coupled with a promise to pay twice the
sale price as damages if the buyer is evicted. The
guarantee was implicit in the mancipation process.
See MANCIPATION.
actio bonaefidei (ak-shee-oh boh-nee {I-dee-I). Roman
law. One of a class of actions in which a judge could
take equitable considerations into account in render
ing a decision. PI. actiones bonae fidei.
actio calumniae (ak-shee-oh k ..-lam-nee-ee). Roman
law. An action to restrain, or collect damages for, a
malicious civil suit.  The victim could also pursue
criminal charges. PI. actiones calumniae. See
CALUMNIA. actio civilis (ak-shee-oh s..-vI-lis). [Latin "a civil
action"] Roman law. An action founded on the tra
ditional Roman law, rather than the innovations of
magistrates. Cf. actio honoraria. PI. actiones civiles.
actio commodati (ak-shee-oh kom-a-day-tr). [Latin
"action on loan"] Roman law. An action for the
recovery ofa thing gratuitously lent but not returned
to the lender. Also termed commodati actio. See
COMMODATUM. Pi. actiones commodatio
actio commodati contraria (ak-shee-oh kom-a-day-tI
kJn-trair-ee-J). Roman law. An action by a gratuitous
borrower against a lender for extraordinary expenses
or damage caused by the lender'S default. PI. actiones
commodati contrariae.
actio commodati directa (ak-shee-oh kom-a-day-tI
di-rek-t..). Roman law. An action by a lender against a
borrower for restitution for an item gratuitously lent.
PI. actiones commodati directae.
actio condictio indebiti (ak-shee-oh kan-dik-shee-oh
in-deb-a-tr). See condictio indebiti under CONDICTlO .
 Strictly speaking, the headword is a solecism, since
a condictio is a type ofactio, but this phrase is occa
Sionally found in legal literature. PI. actiones condic
tio indebiti.
actio conducti (ak-shee-oh k ..n-dak-tI). [Latin "action
for the thing hired"] An action by the lessee of a
thing or the hirer ofanother's services to enforce the
contract or claim damages for breach. Also termed
actio ex conducto. Cf. actio locatio
actio confessoria (ak-shee-oh kon-f ..-sor-ee-..). [Latin
"action based on an admission"] 1. See vindicatio
servitutis under VINDICATIO. 2. An action in which
the defendant admits liability but does not express
it in a fixed sum. A judge therefore assesses the
damages.
actio contraria (ak-shee-oh k ..n-trair-ee- ..). Roman
law. A counterclaim. Cf. actio directa. Pi. actio con
traria.
actio criminalis (ak-shee-oh kri-md-nay-lis). Roman
law. A criminal action. PI. actiones criminales.
actio damni injuria (ak-shee-oh dam-nI in-joor-ee-a).
Roman law. An action for damages for tortiously
causing pecuniary loss. See actio legis Aquiliae. PI.
actiones damni injuriae.
actio de communi dividundo (ak-shee-oh dee
b-myoo-m di-vi-dan-doh). [Latin "for dividing a
thing held in common"] Roman & civil law. An action
to partition common property. -Sometimes short
ened to de communi dividundo. See ADJuDICATIO. PI.
actiones de communi dividundo.
actio de dolo malo (ak-shee-oh dee doh-loh mal-oh).
Roman law. An action offraud. This type ofaction
was widely applied in cases involVing deceitful
conduct. Also termed actio doli. PI. actiones de
dolo malo.

30 actio
actio de in rem verso (ak-shee-oh dee in rem var
soh). See action de in rem verso under ACTION (4). PI.
actiones de in rem verso.
actio de pauperie (ak-shee-oh dee paw-par-eel. Roman
law. An action for harm done by a domestic four
legged animal.  The owner could either pay for the
damage or surrender the animal to the injured party.
Justinian extended this action to include wild animals
in some circumstances. See PAUPERIES.
actio de peculio (ak-shee-oh dee pa-kyoo-Iee-oh).
Roman law. An action against a paterfamilias or slave
owner concerning the value of the child's or slave'S
separate funds (peculium). PI. actiones de peculio.
actio de pecunia constituta (ak-shee-oh dee pa-kyoo
nee-a kon-sti-t[y]oo-ta). Roman law. An action on
a promise to pay a preexisting debt. PI. actiones de
pecunia constituta.
actio depositi contraria (ak-shee-oh di-poz-a-tI kan
trair-ee-a). Roman law. An action that a depositary
has against the depositor for unpaid expenses. PI.
actiones depositi contrariae.
actio depositi directa (ak-shee-oh di-poz-a-tI di-rek-ta).
Roman law. An action that a depositor has against a
depositary for the return of the deposited item. PI.
actiones depositi directae.
actio de tigno juncto (ak-shee-oh dee tig-noh jangk
toh). [Latin "action for joining timber"] Roman law.
An action by the owner of material incorporated
without payment into the defendant's building. It
was akin to a theft action. The plaintiff could recover
up to twice the value of the material. PI. actiones de
tigno juncto.
actio directa (ak-shee-oh di-rek-ta). Roman law. 1. An
action founded on strict law and conducted accord
ing to fixed forms; an action based on clearly defined
obligations actionable at law based on a statute or a
praetor's edict. 2. A direct action, as opposed to a
counterclaim (actio contraria). Cf. actio in factum;
actio uti/is. PI. actiones directae.
actio doli (ak-shee-oh doh-h). See actio de dolo malo.
actio empti (ak-shee-oh emp-tI). Roman law. An action
by a buyer to compel a seller to deliver the item sold
or for damages for breach ofcontract. -Also termed
actio ex empto. PI. actiones emptio
actio ex conducto (ak-shee-oh eks kan-dak-toh). See
actio conductio PI. actiones ex conducto.
actio ex contractu (ak-shee-oh eks bn-trak-t[y]oo).
Roman law. An action arising out of a contract.
This term had a similar meaning at common law. PI.
actiones ex contractu.
actio ex delicto (ak-shee-oh eks da-lik-toh). Roman law.
An action founded on a tort. PI. actiones ex delicto.
actio ex empto (ak-shee-oh eks emp-toh). See actio
emptio
actio exercitoria (ak-shee-oh eg-zar-si-tor-ee-a).
Roman law. An action against the owner or lessee (exercitor) of a vessel, esp. for contracts made by the
master. PI. actiones exercitoriae.
actio ex locato (ak-shee-oh eks loh-kay-toh). See actio
locatio
actio ex stipulatu (ak-shee-oh eks stip-ya-lay-t[y]oo).
Roman law. An action brought to enforce a stipulatio.
See STIPULATION (3).
actio ex vendito (ak-shee-oh eks ven-da-toh). See actio
venditio
actio familiae erciscundae (ak-shee-oh fa-mil-ee-ee
ar-sis-kan-dee). [Latin "action to divide an estate"]
An action for the partition ofthe inheritance among
heirs. -Sometimes shortened to fami/iae erciscun
dae. See ADJUDICATIO.
actio finium regundorum (ak-shee-oh fI-nee-am
ri-gan-dor-am). [Latin "action for regulation of
boundaries"] Roman law. An action among neighbor
ing proprietors to fix or to preserve property bound
aries. See ADJUDICATIO.
actio furti (ak-shee-oh far-tIl. Roman law. An action
by which the owner ofstolen goods can, according to
the circumstances, recover a multiple of their value
from the thiefby way of penalty, without prejudice to
a further action to recover the goods themselves or
their value. Seefurtum manifestum under FURTUM.
actio honoraria (ak-shee-oh [h]on-a-rair-ee-a). PI.
actiones honorariae. See ACTIONES HONORARIAE.
actio hypothecaria (ak-shee-oh hI-poth-a-kair-ee-a).
See HYPOTHECARIA ACTIO.
actio in factum (ak-shee-oh in fak-tam). Roman law.
An action granted by the praetor when no standard
action was available . The closest Anglo-American
equivalent is action on the case or trespass on the case.
See trespass on the case under TRESPASS. Cf. actio
directa; actio uti/is.
actio injuriarum (ak-shee-oh in-juur-ee-ahr-am).
Roman law. An action that lay against anyone who
had attacked the body, reputation, or dignity of any
person. -Also spelled actio iniuriarum. PI. actiones
injuriarum (ak-shee-oh-neez in-juur-ee-ahr-am).
actio in personam (ak-shee-oh in par-soh-nam). PI.
actiones in personam. See action in personam under
ACTION (4).
actio in rem (ak-shee-oh in rem). PI. actiones in rem. 1.
See action in rem UNDER ACTION (4). 2. See real action
under ACTION (4).
actio institoria (ak-shee-oh in-sti-tor-ee-a). [Latin]
Roman law. An action against a principal by one who
contracted with the principal's business agent, limited
to matters arising out of the business. See INSTITOR.
actio judicati (ak-shee-oh joo-di-kay-tI). Roman law.
An action to enforce a judgment by execution on the
defendant's property. PI. actiones judicatio
actio legis (ak-shee-oh lee-jis). See LEGIS ACTIO.
actio legis Aquiliae (ak-shee-oh lee-jis a-kwil-ee-ee).
Roman law. An action under the Aquilian law; specif.,

31
an action to recover for loss caused by intentional
or negligent damage to another's property. Also
termed actio damni injuria; actio damni injuria dati.
See LEX AQUILlA.
actio locati (ak-shee-oh 10h-kay-tI). [Latin "action for
what has been hired out"] Roman law. An action that
a lessor (the locator) of a thing might have against the
hirer, or an employer against a contractor. Also
termed actio ex locato (ak-shee-oh eks loh-kay-toh).
Cf. actio conductio
actio mandati (ak-shee-oh man-day-tr). 1. Civil law.
An action to enforce a contract for gratuitous services
or remuneration. 2. Hist. An action to enforce a
contract for gratuitous services. See MANDATUM. PI.
actiones mandati.
actio mixta (ak-shee-oh mik-sta). Roman law. A mixed
action; an action in which two or more features are
combined, as an action for damages and for a penalty,
or an action in rem and in personam. PI. actiones
mixta (ak-shee-oh-neez mik-st<l).
actio negatoria (ak-shee-oh neg-a-tor-ee-a). Roman
law. An action brought by a landowner against anyone
claiming to exercise a servitude over the landowner's
property. Also termed actio negativa. PI. actiones
negatoriae.
actio negotiorum gestorum (ak-shee-oh na-goh-shee
or-am jes-tor-am). Roman law. An action against
a gestor for the mismanagement of the principal's
property, or for any acquis


-am). Roman law. An action against
a gestor for the mismanagement of the principal's
property, or for any acquisitions made in the course
of management.  The gestor could bring a counter
action to recover management-related expenses (actio
contraria negotiorum gestorum). See NEGOTIORUM
GESTOR. PI. actiones negotiorum gestorum.
actio non accrevit infra sex annos (ak-shee-oh non
a-kree-vit seks an-ohs). [Latin "the action did not
accrue within six years"] Hist. A plea to the statute of
limitations by which the defendant asserts that the
plaintiff's cause of action has not accrued within the
last six years. PI. actiones non accreverant infra sex
annos.
actio non ulterius (ak-shee-oh non <ll-teer-ee-as).
[Latin "an action no further"] Hist. The distinctive
clause in a plea to abate further maintenance of the
action. This plea replaced the puis darrein continu
ance. Cf. plea to further maintenance to the action,
plea puis darrein continuance under PLEA. PI. actiones
non ulterii.
actio Pauliana (ak-shee-oh paw-Iee-ay-na). [Latin
"action attributed to Paul" or "Paulian action"] An
action to rescind a transaction (such as alienation of
property) that an insolvent debtor made to deceive the
debtor's creditors . This action was brought against
the debtor or the third party who benefited from the
transaction. Pi. actiones Paulianae.
"[Ajctio Pauliana, a name which has been shewn to be
inserted by a glossator, after the first publication of the
Digest. It lay where the debtor had impoverished himself
to the detriment of his creditors, e.g. by alienations, by
incurring liabilities or allowing rights to lapse, but not for actio
failing to acquire or for paying just debts .... It lay against
the debtor, who might have since acquired property ....
But its chief field was against acquirers privy to the fraud,
or even innocent, if the acquisition was gratuitous." w.w.
Buckland, A Text-Book of Roman Law from Augustus to
Justinian 596 (Peter Stein ed., 3d ed. 1963).
actio perpetua (ak-shee-oh p<lr-pech-oo-a). Roman
law. An action that is not required to be brought
within a specified time. PI. actiones perpetuae. Cf.
actio temporalis.
actio personalis (ak-shee-oh p<lr-sd-nay-lis). Roman
law. A personal action. PI. actiones personales.
actio pigneratitia (ak-shee-oh pig-na-ra-tish-ee-a).
Roman law. An action of pledge; an action founded
on a contract of pledge. -Also spelled actio pignera
ticia; actio pignoratitia. -Also termed pigneratitia
actio. See PIGNUS. PI. actiones pignoratitiae.
actio poenalis (ak-shee-oh pi-nay-lis). Roman law. An
action in which the plaintiff sued for a penalty rather
than compensation. Cf. actio rei persecutoria. PI.
actiones poenales (ak-shee-oh-neez pi-nay-Ieez).
actio popularis (ak-shee-oh pop-ya-Iair-is). [Latin
"popular action"] Roman law. An action that a male
member of the general public could bring in the
interest of the public welfare. PI. actiones populares
(ak-shee-oh-neez pop-ya-Iair-eez).
"Actiones populares. Actions which can be brought by 'any
one among the people: ... They are of praetorian origin
and serve to protect public interest .... They are penal,
and in case of condemnation of the offender the plaintiff
receives the penalty paid .... There are instances, however,
established in statutes or local ordinances, in which the
penalty was paid to the state or municipal treasury, or
divided between the aerarium and the accuser, as, e.g.,
provided in a decree of the Senate in the case of damage to
aqueducts." Adolf Berger, Encyclopedic Dictionary ofRoman
Law 347 (1953).
actio praejudicialis (ak-shee-oh pree-joo-dish-ee
ay-lis). Roman law. A preliminary action; an action
begun to determine a preliminary matter on which
other litigated matters depend. PI. actiones praeju
diciales.
actio praetoria (ak-shee-oh pri-tor-ee-a). Roman law.
A praetorian action; one introduced by a praetor
rather than founded on a statute. PL actiones prae
toriae (ak-shee-oh-neez pri-tor-ee-I).
actio pro socio (ak-shee-oh proh soh-shee-oh). Roman
law. An action brought by one partner against another.
See SOCIETAS. PL actiones pro socio.
actio Publiciana (ak-shee-oh pd-blish-ee-ay-na).
Roman law. An action allowing a person who had
acquired bonitary ownership of land to recover it
from a third party, so that the person would in due
course acquire full title by prescription . lhis action
is named for Publici us, who might have been the first
praetor to grant the action. -Also termed actio Pub
liciana in rem. See bonitary ownership under OWN
ERSHIP.
actio quanti minoris (ak-shee-oh kwon-tI mi-nor-is).
[Latin "an action for the shortfall in value"] Roman &

32 action
civil law. A purchaser's action to recover for his over
payment for a defective item. Cf. actio redhibitoria.
PI. actiones quanti minoris.
"If a defect appeared which had not been so declared the
buyer, if he sued within six months, could claim rescission
of the sale by the actio redhlbltoria, and, if within twelve
months, could claim the difference between the price paid
and the actual value of the defective slave or animal by
the actio quanri minoris. In both actions the knowledge or
ignorance of the seller was irrelevant: liability was strict."
Barry Nicholas, An Introduction to Roman Law 181 (1962).
actio quod jussu (ak-shee-oh kwod j3S-[yjoo). Roman
law. An action against a paterfamilias or a slave owner
for enforcement of a debt contracted on behalf ofthe
paterfamilias or slaveowner by a son or a slave.
actio quod metus causa (ak-shee-oh kwod mee-tds
kaw-zi'l). Roman law. An action to penalize someone
who wrongfully compelled the plaintiff to transfer
property or to assume an obligation. The plaintiff
could obtain damages of four times the value of the
loss suffered. PI. actiones quod metus causa.
actio realis (ak-shee-oh ree-ay-lis). [Law Latin] Hist.
A real action. See real action under ACTION (4). PI.
actiones reales.
actio redhibitoria (ak-shee-oh red-i-bi-tor-ee-i'l).
Roman & civil law. An action for restoration to cancel
a sale because of defects in the thing sold. Cf. actio
quanti minoris. PI. actiones redhibitoriae.
actio rei persecutoria (ak-shee-oh ree-I pdr-si-kyoo
tor-ee-d). [Law Latin "an action for pursuing a thing"]
Roman law. An action to recover a specific thing or
monetary compensation, rather than a penalty. Cf.
actio poena lis. PI. actiones rei persecutoriae (ak-shee
oh-neez ree-I pJr-si-kyoo-tor-ee-I).
actio rerum amotarum (ak-shee-oh reer-dm am-i'l
tair-dm). Roman law. An action to recover items
stolen by a spouse shortly before a divorce. PI. actiones
rerum amotarum.
actio rescissoria (ak-shee-oh re-si-sor-ee-d). Roman
law. An action to restore to the plaintiff property lost
by prescription . This action was available to minors
and other persons exempt from prescriptive claims
against their property. PI. actiones rescissoriae.
actio serviana (ak-shee-oh si'lr-vee-ay-m). Roman law.
An action by which a lessor could seize, in satisfaction
of unpaid rent, the lessee's personal property brought
onto the leased premises. PI. actiones servianae.
actio servi corrupti (ak-shee-oh Sdr-VI b-r;:lp-tr).
[Latin] Roman law. An action for corrupting a slave
or servant.  Since the "corruption" could take the
form of bribery to find out the master's confiden
tial business in'formation, one scholar suggested in
a famous article that it could be the precursor of the
modern law oftrade secrets. A. Arthur Schiller, Trade
Secrets and the Roman Law: The Actio Servi Corrupti,
30 Colum. L. Rev. 837 (1930). Other scholars strongly
disagree (see quotation).
"The actio servi corrupti presumably or possibly could be
used to protect trade secrets and other similar commercial interests. That was not its purpose and was, at most, an
incidental spinoff. But there is not the slightest evidence
that the action was ever so used." Alan Watson, Trade
Secrets and Roman Law: The Myth Exploded, 11 Tul. Eur. &
(iv. L.F. 19 (1996).
actio stricti juris (ak-shee-oh strik-tr joor-is). Roman
law. A class of personal actions enforceable exactly as
stated in the formula without taking equitable consid
erations into account; an action ofstrict right.  This
type ofaction was often used to recover a definite sum
of money or a particular object that was the subject
ofa formal promise (stipulatio). See FORMULA (1). PI.
actiones stricti juris.
actio temporalis (ak-shee-oh tem-pJ-ray-lis). Roman
& civil law. An action that must be brought within a
specified time. Cf. actio perpetua. PI. actiones tem
porales.
actio tutelae (ak-shee-oh t[yloo-tee-Iee). Roman law.
An action arising from a breach of the duty owed by a
guardian (tutor) to the ward, such as mismanagement
of the ward's property. PI. actiones tutelae.
actio uti/is (ak-shee-oh yoo-td-lis). Roman law. An
extension ofa direct action, founded on utility rather
than strict right, available esp. to persons having an
interest in property less than ownership. This type
ofaction was modeled after the actio directa. Cf. actio
directa; actio in factum. PI. actiones utiles.
actio venditi (ak-shee-oh ven-dd-tr). Roman law. An
action by which a seller could obtain his price or
enforce a contract of sale. Also termed actio ex
vendito. PI. actiones venditio
actio vi bonorum raptorum (ak-shee-oh VI bd-nor-dm
rap-tor-dm). Roman law. A penal action to recover
goods taken by force . A successful plaintiff would
also receive three times the value of the taken
property. Cf. INTERDICTUM QUOD VI AUT CLAM.
actio vulgaris (ak-shee-oh vi'll-gair-is). Hist. An
ordinary action, as opposed to one granted in special
circumstances. PI. actiones vulgares.
legis actio. See LEGIS ACTIO.
action. (14c) 1. The process ofdoing something; conduct
or behavior. 2. A thing done; ACT (2). 3. Patents. OFFICE
ACTION.
advisory action. Patents. See advisory office action
under OFFICE ACTION.
4. A civil or criminal judicial proceeding. Also
termed action at law. [Cases: Action
"An action has been defined to be an ordinary proceed
ing in a court of justice. by which one party prosecutes
another party for the enforcement or protection of a right.
the redress or prevention of a wrong, or the punishment of
a public offense. But in some sense this definition is equally
applicable to special proceedings. More accurately, it is
defined to be any judicial proceeding, which. if conducted
to a determination. will result in ajudgment or decree. The
action is said to terminate at judgment." 1 Morris M.
Esree's Pleadings, Practice. and Forms  3, at 1 (Carter
Pomeroy ed., 3d ed. 1885).
"The terms 'action' and 'suit' are nearly if not quite synony
mous. But lawyers usually speak of proceedings in courts of

33
law as 'actions,' and of those in courts of equity as 'suits.'
in olden time there was a more marked distinction, for an
action was considered as terminating whenjudgmentwas
rendered, the execution forming no part of it. A suit, on
the other hand, included the execution. The word 'suit,' as
used in the Judiciary Act of 1784 and later Federal statutes,
applies to any proceeding in a court ofjustice in which the
plaintiff pursues in such court the remedy which the law
affords him." Edwin E. Bryant, The Law of Pleading Under
the Codes ofCivil Procedure 3 (2d ed. 1899).
"'Action' in the sense of a judicial proceeding includes
recoupment, counterclaim, set-off, suit in equity, and any
other proceedings in which rights are determined: UCC
 1-201(1).
action at law. A civil suit stating a legal cause ofaction
and seeking only a legal remedy. See suit at law and
suit in equity under SUIT. [Cases: Action C:)21.]
action de die in diem (dee dI-ee in dI-em). [Law Latin
"from day to day"] Hist. 1. An action occurring from
day to day; a continuing right ofaction. 2. An action
for trespass for each day that an injury